Research On The Withdraw From The Complicity

Which means accomplice out during accomplice relationship continues to exist, some people withdraw from the joint criminal accomplice whole, the other co-prisoners will continue to implement the crime situation and even lead to the consequences of the crime.Although the theory of accomplice is a relatively new theory, and it is beginning to be raised to compensate for the suspension of the theory of defects, the accomplice theory should be independent from nature, it should exist as an independent theory.The establishment of conditions from complicity in the common law and civil law are involved, and formed a number of doctrines, but no matter how controversial, complicity from the established conditions are inseparable for defining different stages and a total of prisoners of various scenarios analytical considerations, and therefore should be on time and space, subjective conditions and objective conditions on the basis of conspiracy joint principal offender, the implementation of joint principal offender, offender, instigator comprehensive study.Discussion complicity from the most important responsibility is to define the detachment, according to the causal link cut off that part of the total prisoners after departing, after their offenses and other actors to implement the results of not criminally responsible, but for themselves out of before a certain behavior should bear criminal responsibility.As for the detachment is established in the law attempted to commit or abort the commit, is to assume a lighter or mitigate exemption criminal responsibility should be defined in stages Points.Theory is not a local accomplice from the theory, a theory of whether the imported goods for our use, and how to use must be combined with the form of their localization, to be transplanted into account the characteristics of national legislation and judicial basis.China should learn to be an accomplice from the theory, its provisions in the Penal Code "criminal" chapter of "Joint Crimes" at home.This will not only maintain the integrity and stability of our criminal justice system, and will improve our theory of common crime, but also conducive to implementing the principle of suiting punishment to crime and criminal responsibility, subjective and objective principles of unity, and enhance the credibility of the judicial authority and, in addition, for dismantling criminal organizations, to combat common crime will also bring great benefits.