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On Inherited Joint Principal Offender

Posted on:2010-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:F L FuFull Text:PDF
GTID:2206360302476243Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Refers to the successive co-perpetrator is being introduced in the first human crime and crime has not yet been completed, after the acts of people have come to realize this is the case, with the first being committed to a common behavior and the behavior after the intervention is being co-formed relationship between the patterns of crime. Based on the definition of the concept, is being co-inherited characteristics can be summarized as follows: first human crime has already started, people first must be a crime in progress, after the first act and a common human behavior is determined, as well as end-of crime After the perpetrator is either alone or together with the first man to complete the four aspects. It is also found that the standard is being co-inherited. Based on the concept of the definition and classification of different standards, can be inherited together is being divided into the following four categories, namely: a successive co-perpetrator of a single act of conduct is being inherited and complex co-principal offender; have a good understanding of the first acts of the principal offender and the successive co-perpetrator behavior without first understanding the inheritance of a common principal offender; consisting of the same crime and is being translated into the successive co-perpetrator of a crime is being co-inherited; to serve as a common form of intervention is being inherited and not inherited as a form of intervention is being shared.The perpetrator was subsequently joined by the scope of responsibility, that is being implemented for the first act and the harm arising out of acts by the results, after the acts in what is being shared within the scope of responsibility, which is the successive co-perpetrator of the substance is being faced with issues, which Chinese and foreign criminal law community controversial theory, representation theory of the following three types: purely, surely, and the amendment to deny that said negative. The author of the negative in favor of the amendment said that under normal circumstances after the perpetrator can not be held responsible for the act of a forerunner, and only in exceptional circumstances only recognize all the facts on the establishment of joint principal offender. That is, after the acts in accordance with the contents of awareness of factors to determine the scope of the establishment of joint principal offender. To its conduct of the pre-accession no knowledge, nor set up a co-perpetrator of the crime, and for the conduct of pre-accession and use of knowledge, and the establishment of joint principal offender, to be held responsible for the consequences of the crime, but to be well constitute a crime beyond the general conduct and the results are irresponsible.With the inherited form of the crime of a few common responsibility is being the main one involved would have to continue to commit crimes and Consequential Aggravated statutory combination of a crime committed, as well as the Department of 'a break in the continuous crimes committed, Implicated Offender absorption committed . This article holds that the crime should be the number of each form of distinction between each of the specific treatment, and should not be determined in accordance with the inheritance of liability is being shared principles.
Keywords/Search Tags:Successive co-perpetrator, Cognizance, The responsibility
PDF Full Text Request
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