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A Research On Erfolgsqualifiziert Delikte Of Joint Crimes

Posted on:2013-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaFull Text:PDF
GTID:2246330374474371Subject:Law
Abstract/Summary:PDF Full Text Request
There are an amount of problems in the research on erfolgsqualifiziert delikte, among which lies the problem of joint crimes. The problem of erfolgsqualifiziert delikte of joint crimes actually covers many aspects of theories of erfolgsqualifiziert delikte and joint crimes, relating closely to each other. This article focus on the joint principal offender and narrow accomplice in both cases theconsequential offense on the basis of clarification for the theories of erfolgsqualifiziert delikte and joint crimes.This article has3chapter:a brief introduction on the basic theoretical problems of joint crime and erfolgsqualifiziert delikte; erfolgsqualifiziert delikte in case of joint principal offender; erfolgsqualifiziert delikte in case of narrow accomplice.The words concerned amount to about20000.Chapter1:a brief introduction on the basic theoretical problems of joint crime of erfolgsqualifiziert delikte. The basic theoretical problems of joint crime including common crimes to determine the scope and the relationship between Accomplice’s with the principal offender. Whereas, the research starting point of theories make a great difference among the analysis results of the topic. The basic theoretical problems of erfolgsqualifiziert delikte including the form of erfolgsqualifiziert delikte and the nature of erfolgsqualifiziert delikte. Our Special Provisions of Criminal Law prescribes two types of the aggregated consequentiality offence, that is, intent+negligence; intent+intent, based on which the discussion on this topic should be developed.Chapter2:erfolgsqualifiziert delikte in case of joint principal offender. Studying the theories and comments on these problems, we concluded that the building of the joint principal offender in the intent+intent style of the aggregated consequentiality offence must accord with the four elements of crimes. The joint principal offender in the intent+negligence style of the aggregated consequentiality offence does not establish actually. The actor who has the negligence to the aggregated consequence should bear the aggregated consequentiality liability,otherwise,the actor only shoulder the criminal liability of the basic crime, but the occurrence of the aggregated consequence should be taken as the circumstances for penalty judgment.Chapter3:Erfolgsqualifiziert delikte in case of narrow accomplice. Instigator,help offenders and andorganizations are Three basic forms of an accomplice,they have similarities and differences. For organizations guilty, in order to punish the ringleaders,criminal law Made explicit stipulations of organization guilty of criminal responsibility. But for Instigator and help offenders, there are more theoretical arguments, so I will make a more detailed discussion.
Keywords/Search Tags:Erfolgsqualifiziert Delikte, joint crimes, aggravatedresponsibility
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