The Factual Factors Of The Cognizance Of Partial Suspension In Judicature

The partial suspension of a joint crime refers to the situation in which some accomplices meet the conditions for the suspension of the crime and some accomplices do not meet the conditions for the suspension of the crime.At this point,different co-offenders may need to be identified as different types of crime.The study is based on the public in a magic weapon of Peking University website in 2017-2019 of 125 cases of robbery judgment as the research sample,using statistical analysis method and empirical studies on the various facts factors and partial accomplice to suspend the interaction between each set up conditions.The research shows that the facts such as whether the result of the crime occurs,the behavior of giving up or withdrawing from the crime,whether the accomplice is prevented from continuing the crime,and the causal relationship between the previous behavior and the result of the crime have significant influence on the determination of partial suspension effectiveness.Through empirical research,the practice of strict identification fails to recognize the fact that some muggers and accomplices have great differences in strength,limited stopping ability,and previous behaviors have little influence on the final result.Compresses the establishment space of partial suspension and makes the threshold of cognizance of the validity of suspension of accomplices too high.Therefore,the judge must consider the relevant facts when deciding the suspension of part of the accomplice to robbery and reasonably solve the existing problems in the judicature.In addition,the research conclusion is helpful for the theoretical circle of criminal law to deeply understand the establishment conditions of partial suspension,especially the validity conditions,and has certain enlightenment significance for improving the suspension theory of joint crime.