Research On The Accomplished Crime Of The Indirect Principal Offender

The reason that indirect principle offender is still the principle offender is not because the offender can not be punished as accomplice but because he has the important control effect on others. The not-accomplished crime of the indirect principle offender includes three conditions, such as the beginning to crime, not accomplished and not accomplished due to the reason beyond actor.There are general debates about the commencement in the indirect principle offender. Some people agree with the utility theory, the other people have the opinion that being utilized theory is correct. The middle opinion that considering the possibility of taking the relevant behavior has relative superiority. After all, this opinion confers to the direction of the development of the criminal law and can make sure the range of punishment of the indirect principle behavior. The problem about the attempted indirect principle offender experiences the same condition of the former. However, the attempted indirect principle crime is finished according to the one be utilized, so the finished of the behavior of the one be utilized means the finished of the behavior of the indirect offender. On the condition of the damage, if there is no relevant relationship between the two people, the criminal behavior cannot be finished even if the behavior has began. The reasons beside the indirect offenders include the subjective understanding mistakes and the objective disadvantages. The subjective understanding mistakes are come from the user and the used. The objective disadvantages can be the possible ones after the beginning and before the finished. There has been the subjective theory, the objective theory and the middle theory about the attempted indirect principle offender. The third theory can consider the subjective and objective facts of the indirect offender and cope with all kinds of conditions. The principle of punishment should stick to the three pints: according to the punishment on real offender, staying the imaginative range of the user and not giving a lesser punishment generally.