Study On The Departure From The Complicity

This article first presents the practical problems that unsolvable by using offense discontinue theory, then talks about the concept of withdrawal from accomplice offense relationship on which there are different observations in the field of theory although, yet this article puts forward the definition of the withdrawal from accomplice offense relationship. the definition of accomplice offense relationship in this article is confirmed to be traceable.By analyzing the effectiveness and defects discontinuance of crime, the criteria of withdrawal from the complicity are proposed, i.e. time condition, subjective condition, objective behavior and objective effects. After setting the common criteria of withdrawal from the complicity, the criteria are applied to the practice for inspection and demonstration. Different kinds of withdrawal from accomplice offense relationship has been argued, such as withdrawal from the abettors, the executants, the accessory and the organizing criminal, as well as some special types. Then, some new understanding is put forward.The theory of withdrawal from accomplice offense relationship has the advantages of reflecting the modesty and humanity of penal code, achieving the goal of penalty, disintegrating the joint offense and perfecting the criminal law system. Therefore, the theory of withdrawal from accomplice offense relationship should be and can be introduced into China to make up for the shortage of current theory of discontinuance of crime and solve the practical problems in such cases.As for the penalty of withdrawers from accomplice offense relationship, there are different regulations in each country. As far as the author concerned, the withdrawers from accomplice offense relationship are still responsible for the other accomplices’ crime. Finally, this article has discussed about legislative style of accomplice in the regulations of Chinese penal code and the author argued that it is scientific and reasonable to make principled stipulations in the general rules and give specific regulations on the withdrawal from complicity in the specifics of the criminal law.