Study On The Suspension Of Accessory Offenders

In the joint crimes,Accessory Offenders is a crime on the participation form that provide spiritual or material help to make sure the perpetrators’ act of perpetrating can be implemented and completed easily.The situation of crime is the reflection of the content or form of the constitution of crime.Accessory Offenders are classified according to their behavior characteristics and states that presented during the process of joint crime.Such classification has no direct or necessary connection with the offenders’ personality factors such as the subjective vicious,personal danger and then; But more of the joint offenders’ participation patterns of crime and the differences in terms of the situation of crime reflected from that.The main purpose of classifying like this is in order to solve the Joint Crimes conviction in respect of the legal basis for the issue.Accessory Offenders are based on the premise of perpetrators’ existence,The establishment of Accessory Offenders’ included the subjective intention and objective implementation of helping behavior.Accessory Offenders belong to perpetrator,But only at the deserved constitutional elements and illegitimacy should be.Accessory Offenders’ Suspension means the Accessory Offenders give up their accessory behavior subjectively or spontaneously and eliminate his behavior’s impact effectively on what perpetrator is doing,in order to prevent the situation of the formation of the accomplishment of crime actively. When judge whether the Accessory Offends’ Suspension is valid,it must embrace random elements,in other words,doer volunteers to stop his crime on account of his own subjective mood,and the judgment of arbitrariness criteria must base on doer’s subjective mood;In terms of objective,it includes three requirements the timeliness, the effectiveness and the behavioral;Temporal element requires that it must take place in the whole process of crime;Elements effectiveness requires that the perpetrator must prevent the occurrence of results of accomplished crime,even though there is no causal relationship between Abort behavior and results of accomplished crime have not occurred.The raise of the isolation from accessory relation is the situation that in the process of joint crime the accessory offender prevents the result of accomplishment of crime occurred,but the result still occurred finally.However the situation of the accessory offenders’ suspension ordered that the doer must prevent the result occurred,and the raise of the isolation from accessory relation is in order to cover the shortage of the discontinuance for joint crime.SO we should have a clear distinction between the both cases during the judgment of the situation of accessory Offenders’ Suspension.Applicable Theory of the isolation from accessory relation not only can solve the problem that the Discontinuance for Crime can not,but also can comply with the Principle Of Suiting Punishment to Crime for the joint offenders.The basis of relief punishment to Accessory Offenders should stick to the Principle of Combining the Subjective aspects and Objective aspects.There are three Reasons why relief punishment to accessory offenders:First of all,in terms of objective the Accessory Offender implements Conduct aborted to prevent the result of accomplishment of crime occurred and cut off his effect to the result of accomplishment of crime,it illustrates that the Accessory Offenders’ Objective illegality has decreased compered with accessory offenders and perpetrators do;Secondly,in terms of subjective the Accessory Offenders’ awareness become legal from illegal,it illustrates that the Accessory Offenders’ Subjective illegality and the possibility of censure has decreased;Finally,it can encourage the Accessory Offenders stop their criminal behavior and prevent the perpetrators’ criminal behavior to disintegrate the Joint Crime and avoid much more damages to the interest protected by law.