About Patterns Of Crime. Common Criminal

Joint offense is a common form of crime and a complicated social phenomenon as well. It takes place frequently. From time immemorial joint offense always holds an important position in legislation and is a hot and knotty issue in the field of criminal theoretical research all over the world. Especially criminal scholars argue over how to decide the criminal pattern of all the joint actors in such cases. Therefore its discussion is not only meaningful to theoretical research but also to determination of conviction and sentence in judiciary.Compared with common offense, joint offense is different in the number of actors. So there must be division of labor and cooperation. In this way all can't possess the basic constitutive elements of a crime. Actually unaccomplished form of joint offense is very complicated because each member in joint offense has his own position, function and the reason for attempt of crime. It's also much discussed whether there exists different kinds of criminal patterns all together in joint offense. Based on above, compared with the research of criminal pattern in one-offender crime, the research of the pattern of each actor in joint offense is much difficult. There is no way to copy indiscriminately the theory of accomplished offense and unaccomplished offense for one-offender crime when discussing these issues for joint offense.Handicapped by author's limited knowledge and materials, it's definitely hard to bring forth a systematic solution to the criminal pattern of joint offense, let alone that the criminal pattern and joint offense are extremely difficult. So regarding the joint offense, the thesis could only offer some tentative and superficial comments and opinions based upon those greatly discussed in the field of theoretical research and judiciary practice.The thesis consists of four parts about 36,000 words, touching upon co-principals, collusive co-principals, aiders and abettors respectively, hoping to form a clear and systematical solution to the related criminal pattern in joint offense through the discussion of criminal patterns and constitutive elements of these four types of joint offense.Part one deals with criminal patterns of co-principals, discussing whether the various criminal patterns could co-exist among the co-principals. Firstly, the author agrees to the common opinion in China that co-existence of accomplished offense and attempted crime could not be accepted, because all actors are well integrated with the same purpose in joint offense, and each actor should be held responsible for the accomplished offense, provided the purpose is achieved. Secondly, the thesis holds that the co-existence of discontinued offense and accomplished crime should be accepted. Since the actor chooses ceasing offending by intention rather than being forced, he should be discriminated from the integration with the same purpose. In addition, to accept the co-existence of discontinued offense and accomplished crime would, to some extent, contribute to the policy which aims an encouraging the actor to cease the going offense.Part two discusses related criminal pattern among collusive co-principals. As there is still no a concept of collusive co-principal in the Criminal Law of China, this part firstly defines the concept, its nature and its scope. The author holds that the meaning scope of the concept of principal should be expanded to cover the collusive co-principals, thus making it provided with the same criminal pattern as the co-principals, which has already been discussed in part one.The third part covers the criminal pattern of abettors. The thesis holds that the abettor in joint offense is accessory co-principals when his purpose has been achieved by the abettee and the joint offense is completed. However, the abettor should be considered single offender while the abettee fails to follow him. Therefore it is quite necessary to exclude the abettor as the single offender from the discussion of criminal pattern of abettor in joint offense. Finally, the criminal patterns of the abettor as an accessory co-principal are discussed, together with the analysis into factors needed by discontinued offense.Part four analyses the nature of the aider in joint offense, which the author believes must be subordinated to the principal. Based upon that, the thesis gives a brief view on the criminal patterns and discussion on whether there exists attempt for the aider in joint offense.