Jointly Attempted Crime

Joint crime is a common crime and also a complicated social phenomenon. It took place in practice frequently. Especially criminal scholars continue arguing on unaccomplished formation of joint crime. Because of the complication of joint crime and the limitation of words, this article only choose attempt of joint crime to discuss .This theory concerned with both abortive and criminal formation ,and it correct the basic constitution of crime two times. Based upon this the complication of theory is obviously.There must be division of labor and cooperation in joint crime, thus all offenders can not possess the basic constitutive elements of a crime. And then in the criminal attempt of joint crime what is the reason to bear the criminal responsibility for accomplice, what kind of criminal responsibility should be taken and whether there exists different kinds of criminal patterns all together in joint offense. All these are urgent to research in attempt of joint crime. This essay is composed of three parts, about 31,000 words, touching on abortive of co-principal, plotting co-principal abettor and accomplice respectively.Part one deal with inchoation of co-principal. The paper first summarized the concept and the feather of co-principals. On this base discussing whether the different criminal patterns could co-exist in the co-principal. For this question the author holds that the opinion about the co-existence of completion of crime and attempted crime can not been accepted. Because all actors are integrated with the same purpose in joint crime, each actor can not complete crime do not express the uncompleted crime in joint offense. The author believes that one accomplish crime, the whole joint offense is accomplished in joint offense. At last this part analyses the abortive of plotting co-principal.Part two discuss the abortive of abettors. On the analyzing of various criminal theories, the author holds that the abettor in joint crime is accessory executor when his purpose has been accepted by the executor and the executor has taken action to execute the crime. While the abettor should be considered single offender when the executor fails to follows him. And then this part analyses the criminal responsibility of single abettor.Part three covers the abortive of accomplice. In this part the author believes accomplice should be subordinated to the executor .Based on this, this article discusses single accomplice and his feather and criminal responsibility.