Identity Guilty And Common Crime Qualitative Research

The purpose of this article is to study the influence of identity to the nature of joint crime for the benefit of the conviction of the nature of joint crime concerned with identity in justice practice. Through the study of concerned problems on identity and joint crime—identity crime and identity, the categories of identity, the stand's choice of joint crime nature, the textual research of the categories of accomplices, the choice of the theories of independence on complicity and that of subordination on complicity, the theory of complicity and identity, concerned legislation practice and theory's textual research, and some other concerned questions—to provide theory presupposition to the conviction of the nature of joint crime. Whether a person without certain identity has engaged in the conduct constituting the offence can constitute the principal offender will affect the conviction of joint crime. Through analysis, the article concludes that persons without certain identity can not constitute the principal offender in a complicity. The influence of identity to the nature of joint crime can be divided into two problems, one is that the nature of joint crime committed by persons with certain identity and without certain identity, another is that the nature of joint crime committed by persons with certain identity and other persons also with certain identity. For the prefer one, once one of the principals have engaged in the joint crime related to identity, other persons without certain identity can constitute the complicity in a joint crime for their abetment or help. For the latter one, the conviction of joint crime is as follows: Firstly, if actions in the offence of genuine identity refer to "compound actions", the persons without certain identity and the persons with certain identity can constitute the principals. Secondly, if actions in the offence of genuine identity is not "compound actions", then the persons without identity can not be the principal: (a) If a person without certain identity works as a tool for the person to commit the crime intently, then the person with certain identity will constitute the indirect principal in the offence of genuine identity, and the person without certain identity will constitute the accessory. (b)If a person without certain identity works as a tool for the person to commit the crime, but having no intent, then only the person with certain identity in the offence of genuine identity should be sentenced, and the person without identity will be...