On The Detachment Of The Common Offender Relationship

The departure of a common offender relationship is the situation that the common offender to take the initiative to give up the intent of a joint crime,and actively take action to resolve the common prisoners,and strive to prevent the occurrence of harm results,but other continue to commit crimes,during the beginning of a common offender relationship to the end of the criminal act,.It is characterized by the specificity of the detachment phase,the substantive nature of the disengagement,and the uniqueness of the detachment effect.There are some theoretical basis of this types of departure,such as The lack of common sense,Obstacles failed to say,Causal relationship cut off,The normative causal interdiction says,Complicity Canceled said,Conspiracy of the range theory,The reason why Complicity Canceled said is proper is that it does not evade the causal fact of the result of the detachment is effective in saving the dilemma that can not be cut off once the causal relationship is established,and effectively correct the erroneous view that "the establishment of the accomplice is divorced from the responsibility".To specifically identify Departure from Joint principal offense,we should think about the Time elements,behavior elements,subjective elements,effect elements.The time elements should be the time when from the establishment of a common offender relationship to the end of the act.Even if there is no exception to the crime of preparing the principal offender.And the behavior elements of the Detachment of offense require the criminal person to make a sincere effort to eliminate their own positive effect of giving the crime.Subjective elements is required the Criminal person to give up the intention to continue the crime.The effect elements require those who pass through their own behavior,to achieve the other co-perpetrators to recognize the meaning of its departure,it emphasizes there is no need to others 'recognition.Punishments are punishable to punish those who are punishable,and sentenced to punishment,said the statutory sentencing punishment,said the discretionary punishment,said the distinction between the system of punishment that the distinction between the system has a reasonable punishment,which is conducive to the realization of the crime,Is conducive to encouraging the offenders from the common crime,is conducive to better guide the judicial practice.Penalty for someone who detachment of offense is in accordance with the distinction.Someone whodeparture before crime the joint principal offense should be exerted lighter,mitigated or exempted from punishment;someone who departure between after crime and before the end of the behavior,should be given a lighter or mitigated punishment depends on the results.