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On The Contact Of Criminal Intention For Joint Offense

Posted on:2013-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:S HouFull Text:PDF
GTID:2246330371476380Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The contact of criminal intention is the important element of joint offense. For it affect the concept of joint offense. One of theories about the concept of joint offense insists that the contact of criminal intention is the essential part of joint offense. The contact of criminal intention is defined as the mind activity which happens between different criminals in order to reach the same criminal offense by contacting, for example talking, writing or even nodding. Then the mental element of joint offense will be the similar criminal offense resulting from contact of criminal intention. Many hard problems of joint offense involve the contact of criminal intention, such as the one-sided accomplice,contributory negligence, etc.Some scholars believe that the one-sided accomplice doesn’t have the contact of criminal intention while they consider the joint offense doesn’t need mental element or the one-sided accomplice doesn’t belong to joint offense. The writer of this article think that mental element is essential for forming joint offense, and the contact of criminal intention is the special style of all kinds of contact of criminal intention. Because the contact of criminal intention means two or more criminals’ mental get together, but it doesn’t means every member of the crime knows each other clearly. Though one member knows this, he can get their minds together, then get their activities together. And one-sided accomplice doesn’t increase the member’s responsibility who don’t know he’s joining others’ criminal activity.Because members of joint offense contact by talking words or even body poses, the meaning of contacting is always so vague the we can’t make sure their behaviors’ essence, the we can’t use the criminal law well. We should treat this kind of vague communication as contract about criminal,when the members reach an agreement, they should undertake all the responsibility of all possible meaning which common people think about it. The member joint after others begin the criminal behavior, should understand the content of others’ behavior and come to an agreement that they continue to put the crime into action. The latter one doesn’t need to take the responsibility of the result of prior one’s behavior. If the member want to break away from the joint offense,they not only need to stop their own behavior, but also their mental relation to others; not only stop their own offense activity,but also need to stop other member’offense behavior.
Keywords/Search Tags:the contact of criminal intention, joint offensethe one-sided accomplice, contributory negligence
PDF Full Text Request
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