Research On The Mixed Subjects Of Accomplice Of Pure Status Crime

Identity in Criminal Law refers to the crime with the qualification, status or condition, and should have the personal characteristics, the fact characteristics and jural characteristics. Status crime refers to criminals who have some kind of specific identity prescribed in the criminal law, not a kind of crime. According to the effect made by identity of the subject of the crime on the conviction and sentencing, status crime can be divided into pure status crime and impure status crime, which is The most valuable method.The person without status can be instigator and abettor in mixed body pure status crime. The problem if the non-identities can be constituted the principal offender in the standard status crime accomplice, should be based on specific situation, considering the different main body to execute the character and behavior of the identity of the special identity. If a particular identity is the legal element of the crime, only the specific identity of personnel can constitute this crime, non-identities cannot constitute the principal offender. If the behavior of a crime can be separated or combined multiple behaviors, non-identities can also implement part of the act, then the person without status can become the principal offender.The problem of the mixed body’s conviction and sentencing of pure status crime accomplice, it is better to adhere to the special status and combine with the implementation of behavior, making a difference as conviction principle. When non-identities cannot constitute the principal offender, the person should be convicted by other common crime, only the identities should be convicted on special charges of qualitative; when the mixed bodies constitute the joint principal offender of the standard status crime, both should determine the same crime, which is stipulated to the identities by the criminal law. As to sentence, it is better to respectively determine the punishment according to the qualitative results on the mixed bodies. If the mixed bodies are qualitative for the same crime and given corresponding punishment, and if the criminal law provides additional penalties to the non-identities, they should be "chose a broken" in the two sentencing range.