Research On Factual Mistake Of Joint Crime

Factual mistake of joint crime is that in the joint crime process, among the co-perpetrators, their subjective cognizances of the joint crime facts are inconsistent with the objective results. Factual mistake of joint crime occurred in joint offence process, and this mistake is subject to forming joint crime relationship. The subject of factual mistake of joint crime is co-perpetrators, in other words, this mistake is the co-perpetrators’factual mistake. Factual mistake of joint crime affects the co-perpetrators’subjective guilt and criminal responsibility. According to different classificatory criteria, we can sort the factual mistake of joint crime into different classifications. In order to determine the research scope of factual mistake of joint crime reasonably, it is necessary to exclude the other cases of cognitive mistake which outside the scope of factual mistake.As how to deal with factual mistake of joint crime, there have many different theories and opinions, such as the theory of specific compliance, legal compliance and abstract compliance. The theory of specific compliance hold that the essence of intention is that the fact which the perpetrator expected should be consistent with the fact that really happened, and according to this theory, as the criminal fact which the handheld expected, the perpetrator is a attempted criminal, as the criminal fact that really happened, the perpetrator is a unpremeditated criminal, and the two cases compose imaginary coincidence. The theory of legal compliance for hold that if the handheld’s cognizance to the fact haven’t exceed the deserved fact of the scope of component element, we can conclude that the perpetrator have intention, and as the criminal fact which really happened, the perpetrator should take on the responsibility of intention, the theory of abstract compliance is based on theory of criminal law of subjectivism, this theory hold that the factual mistake between different component elements are occurred on a specific criminal intention, so if only has abstract compliance, we can deem that perpetrator have intention.The manifestation of factual mistake of joint crime fact are diverse, so, in order to identify and then cope with the quilt and responsibility of factual mistake of joint crime reasonably, we should combined with different forms of joint crime as joint executor, abettor, accessory, no matter they are in the same component element or between different component elements, then we should decompose these forms of joint crime specifically. In the end, make a academic explanation which has actual guidance significance based on the unity principle of subjectivity and objectivity, and combined with relevant theories.