The Discontinuation Of A Crime In A Joint Crime

The theory of criminal suspension in China's joint crime is theoretically applicable to the conditions of establishing the suspension of individual crime,namely,the requirement of validity,automaticity and timeliness.At present,the judgment of validity in judicial practice is the whole suspension theory,which requires the co-offender to prevent the occurrence of the result of the crime,and then the accomplice is suspended.It is difficult to solve the problem of the suspension of accomplice by using the suspension theory,and it must be discussed in the theory of joint crime.The principle of "partial implementation of the whole responsibility" of the common criminal is derived from the commonality of the principal offender,whether the accomplice is a discontinuer,and the punishment basis of the accomplice should be considered.According to the causal theory of accomplice,when the prisoner specification to cut off the previous behavior and the causal relationship between the crime with results,is not liable crime criminal crime accomplishment,elements are suspended on this basis,set up suspension accomplice.Apart from the introduction and conclusion,this paper is divided into four chapters.The main contents are as follows:The first chapter discusses the establishment condition of the suspension of accomplice.In the judgment of validity,our country currently adopts the whole suspension theory,that is,the establishment of the suspension of the accomplice must be the premise that the result has not occurred.In the judgment of automaticity,it is believed that the discontinuation of the actor should accord with the deduction basis of the discontinuance,and it has the meaning of return of legality.In the timeliness of judgment,according to the accomplice properties,before making embarked on crime,accomplice does not have penalty can be suspended,so there is no accomplice set up preparatory crime except in accordance with the law.The second chapter mainly deals with the basic theory of the suspension of the accomplice.On the basis of the punishment of the accomplice,it adopts the theory of cause and effect,and believes that the co-offender is only responsible for the criminal act which has a causal relationship with the result of the crime.In the nature of accomplice,according to the theory of property of accomplice,the theory is unified with the theory of causal accomplice.The third chapter discusses the relationship between the theory of accomplice and the discontinuation of the accomplice.When the actor has cut off the physical or psychologicalcausality between the result of the crime,the accomplice is established to satisfy the automaticity.The fourth chapter is about the determination method of the criminal suspension in the joint crime,and how to establish the joint criminal suspension with the structure demonstration of the common criminal,the instigator and the help offender.