Research On Joint Crime With Omission

The joint crime with omission refers to behaviors of intentional crimes with more than two persons, is a form of the crime with omission of the joint crime. Its form includes: the joint crime with pure omission and the joint crime with impure omission, the joint crime including both the crime and the crime with omission, the joint crime including both the crime with omission and the crime with omission. The crime with omission has causation, also constitutes the joint crime with other crimes. The crime with omission and the crime have same social harm, they can be punished, and the actor of the crime with omission also bears relevant responsibility. This thesis, firstly expounded the conception and the constitutive requirements of the joint crime with omission, analyzed the subjective requirements and objective requirements of its constituting. It has great significant for understanding the system and the framework of the joint crime with omission. There are a lot of theories of the joint crime with omission, mainly including the comprehensive negative theory, the comprehensive affirmative theory, and the compromise theory, etc. Through analyzing the more kinds of theories, this thesis would like to explore the possibility of the existence of the joint crime with omission. The narrow joint crime with omission can be divided into the aider with omission and the abettor according to the division of the joint crime, and the important content of the aider with omission is the obligation sources and the obligation content of the crime with omission. This thesis also explained that establishing the joint crime with omission whether need or not the obligation of the crime with omission as a premise. For the joint crime, the abettor with omission has the duality of independence and dependency. This thesis bases on the dependency theory, and take the independence theory into account, namely, if the instigated person has not committed the instigated crime, the abettor still established. For the criminal punishment of the joint crime with omission, this chapter explained two sentencing principles. The first principle is the overall criminal responsibility principles and partial the criminal punishment of the abettor and the aider. The second principle is full liability for partial involvement and the individual differential treatment. Those two principles consider from the perspective of sentencing. Under the overall principles, this thesis should be considered individual elements, because each person has its own particularity. Those two principles are concluded by comparing and referencing to the principles of the joint crime. The joint crime theory and the value of the crime with omission are the theoretical foundation of the theory of the joint crime with omission.