The Study Of Conditions Of Common Criminals Surrender

In general,crime can be classified into general criminal and joint offense.The systematic and completed rules about legal system of criminal's surrender should include single criminal surrender and common criminal's surrender.But over generalized legislation didn't includes all.Joint offense has its own feature which highlights in constitutive conditions of common criminal's surrender.This thesis discusses the conditions for the establishment of the common offender based on documentations research,case method and comparative method and so on.Joint offense is the establishment prerequisite of common criminals surrender.No joint offense,no common criminals surrender.There is a lot of discussion about the establishment of the requirements of surrender.According to the traditional theory of surrender elements,surrender must be composed of two or three important aspects.But scholars didn't pay attention to the essential elements of common criminals.In my opinion,the essential elements of common criminals should include two elements,“voluntary surrender to justice” and “the truly confessing crimes”.But its meaning is different from general criminal's.when we analyze the element of “voluntary surrender to justice”,we found that the main difference between the two crime form is that in joint offense each criminals have their own function because of the different status and it'll influence their view about surrender.Compared with principals,accessory is more inclined to give themselves up to the police.Because principals' psychological characteristics is more dominant,authoritative and evil while the accessory is more appurtenant.The meaning of “the truly confessing crimes” in joint crime is the common criminals should confess their own and their confederates' criminal behavior.The most important is that the organized offender must confess all the criminals criminal behavior if they want to meet a criterion of “the truly confessing crimes”.