Research On The Mental Accessory

The mental accessory, just as its name implies, is a form of help to principal offenders in spirit, and promoting the occurrence of criminal behavior and the result of crime by strengthen and confirm the offenders’ belief to accomplish a crime. In some countries and areas of civil law system such as Germany, Japan and others, the concept of spiritual help has been widely recognized, a distinction between physical help and psychological help has been made. However, our country’s researchers have not highlighted it,moreover, the theory of complicity in our country is different from that of the mainland legal system, the problem of mental accessory has not been valued by scholars. But we should know, the theory of mental accessory is not only related to the perfection of the whole system of complicity and the clarification of the theory structure of helping criminals, but also affecting the judicial practice in the conviction and sentencing of the different total prisoners, it’s an important part of the system of complicity. The impact of mental help on the whole process of crime is by the psychological work to the principal offenders, it is difficult to quantify the extent of grasp. And it is the difficult point in the research of accomplice theory, with this characteristic that it’s easy to mix up the collusive coprincipals, abettors and other related accomplice. In order to define the spiritual help correctly, the paper does some researches on the mental accessory, including four aspects briefly: the concept of mental help; the style of mental help; the causal link between mental help and criminal offence; the difference between mental help offender and related accomplice of common crime. I hope that this paper will provide some help for the study of complicity problem in the future.