The Theory Of The Seceding From The Relationship Of Joint Crime And Its Judicial Application

The seceding from the relationship of joint crime means that some of the accomplicemake up a new relationship to continue the crime after their partners in crime seceding therelationship with them at which time that before the completion of crime and after theestablishment of the relationship of joint crime, the remainders, based on the new jointcrime relationship, continue the criminal behavior and finally arrived at their premeditatedsituation. The seceding from the relationship of joint crime can be take place in anymoment of the joint crime relationship, which includes the of period before the action, theperiod after initiation before the completion, the period after the completion. Afterseceding from the relationship of joint crime, the seceders shall not be responsible for thebehavior and the result of the crime which based on the new relationship of joint crime.The seceders should be responsibility only for the behaviors before their seceding. Atpresent, the way to handle the situation of seceding from the relationship of joint crime inour country is following the steps below: if it can be judged as quitting, then it comes thecriminal discontinuance, if it cannot judged as quitting, then take the same responsibility asother criminal partners, the seceding only offers a lesser punishment. However, thismethod cannot solve all the problems about the seceding from the relationship of jointcrime, for example, in the situation of result-aggravated crime, the seceders, who secededbefore the result aggravated may face with the harsh punishment more than he should bear,even if the Judge, hand with the discretion, decide to give him a lighter punishment. Whatis more, although the seceders come to act with arbitrary, we should not consider theseceding from the relationship of joint crime as the establishment of discontinued criminal.To solve these problems in a proper way, it is necessary for the judicial practice to use thetheory of seceding from the relationship of joint crime, which can not only make thepunishment fits the crime, offer the fairness and justice but also offer a stage to theoffenders the way to return to the fold. This theory is good for the special precaution and is conducive to protect the legal interests which faced with or had been aggrieved inmaximum.