A Study On Accomplice’s Transformation

The accomplice’s transformation originated from the mixture of transformed crime and joint crime, which is the key and difficult point in the research field of crime transformation. Looking back over the research on crime transformation, most of the scholars concentrated on the definition, features, legislative and judicial cognizance on transformed crime of a single criminal. Few scholars have focused on the plural criminals; and some only discussed that of single crime, lacking of systematic construction of accomplice transformation theory. However, from judicial practice, the real problem in the cognizance of transformed crime does not exist in a single crime but in a joint crime, especially in the transformation of complex joint crime. In such situation, it is difficult to distinguish whether transformation occurs among the executor, organizing offender, instigator and accessory or whether they transform totally or partially, which trouble the judiciary like the Bell Witch. Therefore, it is necessary to set off a systematic research on the accomplice’s transformation, whether for the self-deception solace of “death caused by ghosts” or to really solve the problem of cognizance of accomplice’s transformation. Theoretically, the thorough research on accomplice’s transformation can help improve theoretical system of transformed crime, especially to fill a gap in the systematic construction of transformed crime of plural criminals. Practically, in-depth probe into the accomplice’s transformation contributes to the scientific judgment of judiciary in the cases of accomplice’s transformation to solve the problem of judging each joint offender’s criminal responsibility scope and degree.There are nearly forty thousand words in this thesis, which can be divided into four parts. The author will mainly discuss the basic theory of accomplice’s transformation and its legislative performance, difficult problems and judicial cognizance. Specific details are as follows.The first part is an introduction to the theory of accomplice’s transformation. In this part, the author, based on the related theory of joint and transformed crime, mainly discusses the concept, characteristics and elements of accomplice’s transformation. In it, accomplice’s transformation is defined as follows: in a joint crime, after they constitute the basic crime, some or total joint offenders deliberately carry out some action to promote the achievement of legal conversion factors to condemn them upon transformed crime in accordance with criminal regulations. Accomplice’s transformation has some characteristics, like heterogeneityin the essence of crime, tendency for heavier punishment and legal characteristic in conversion factors. Five essentials contribute to accomplice’s transformation, namely, composition of basic crime as the presupposition, the subject as the joint offender of the basic criminal, subjective intention to conversion factors, objective action to promote the achievement of transformation as well as the criminal regulations as the restriction.The second part is the legislative organization of accomplice’s transformation. In this part, legislation of accomplice’s transformation is combed mainly from three dimensions, namely, legislative evolution, legislative performance and comments on legislation. According to the analysis of legislative evolution, historically, rules about accomplice’s transformation appeared in Law in Tang Dynasty, and similar rules existed in countries of civil law system and Taiwan. However, the term of “transformed crime” was not used. Instead, “action after the behavior” or “quasi-behavior” was adopted. By analyzing rules about accomplice’s transformation in criminal law and judicial interpretation in China, there are still some legislative problems existing in accomplice’s transformation. For instance, punishment regulations are not harmonious; rules about the elements are not specific; provisions of responsibility and the principle remain unclear, which need to be further improved.In the third part, some complicated problems about accomplice’s transformation are analyzed, including whether the transformation of accomplice belongs to status crime or the basis of this transformation is limited to intentional crime or not, and whether accomplice’s transformation belongs to a crime or crimes. By comparative analysis, it can be concluded that accomplice’s transformation belongs to standard status crime; the basis of transformation is limited to intentional crime; intentional crime can be prepared, attempted and accomplished; accomplice’s transformation is a crime.The fourth part is the judicial cognizance of accomplice’s transformation. In this part, the author, from the divisions of labor of each joint offender, discusses the application of transformation of type in different cases. As to the executor, transformation occurs in following situations: in the joint participation, being not informed and standing by, and in the subsequent endorsement it should not be transformed. As to the organizer, transformation occurs in the situation of organization participation and indulgence, and in the subsequent endorsement, cognition to facilitate the achievement of conversion factors before and during the implementation behavior should be transformed, while that after the implementation behavior should not take place; in addition, transformation in the organization objection should not occur, either. As to the instigator, transformation occurs in the situation of instigating expression and indulgence, while in the instigating objection it should not be transformed. As to the accessory, transformation does not occur without assisting the executor promote the achievement of the conversion factors, and vice versa.The accomplice’s transformation is an important and difficult point in the judicial identification of transformed crime. Perfect system of accomplice’ transformation theory and typed cognizance are the basic premise to solve this problem. Clear definition of accomplice’s transformation and analysis of the elements are the main contents in perfect theoretical system of accomplice’s transformation. It is a reasonable way in the typed identification of accomplice’s transformation to analyze transformation problems in different situations among the executor, organizer, instigator and accessory.