The Incompletely Two-conduct Crime With It's Accomplice Problem

The concept of The incompletely two—conduct crime was originally derived from Germany.It's a classification under the category of purpose crime.It is used to refer to a type of crime in which the constituent elements of crime,in addition to the subjective intentional(negligent)factor that governs the conduct,also have a specific purpose,that is,the "excessive subjective elements",but don't require that purpose to be achieved specifically.The incompletely two—conduct crime is different from the sever result offense.Its specific purpose cannot naturally appear as a by-product of the execution.Therefore,The incompletely two—conduct crime constitutes a strange crime.The existence of the specific purpose not only breaks the traditional subjective and objective the corresponding basic structure also establishes a bridge between the practice and the purpose,making the theory of The incompletely two—conduct crime complicated and controversial.When multiple actors jointly participate in this type of crime,the determination of the accomplice is also different for each Actors have different understandings of specific purposes,different levels of crimes involved,and different processes,and involve many situations such as one-sided helpers and inherited accomplices.First of all,the key to clarifying the shortened theory of the incompletely two—conduct crime is to deepen the understanding of "specific purpose".The specific purpose of the incompletely two—conduct crime in the criminal constitution system has caused controversy,and the specific purpose often appears as a measure when convicting and sentencing.Therefore,the attribute determination of subjective illegal elements is more conducive to the distinction between sin and non-sin,this sin and the other sin.The conversion or disappearance of a specific purpose will have a certain impact on the pattern of crime.The disappearance or transformation after the end of the act does not affect the establishment of the crime.If the behavior dominated by the transformation of the purpose violates other crimes,it should be punished or absorbed as appropriate.Although the realization of a specific purpose does not affect theestablishment of the shortened two-way offender,the completion of the purpose will affect the criminal form of the incompletely two—conduct crime.Exclusion of purpose included in selective charges and special circumstances that could be implicated.The realization of the purpose may also appear as an aggravating plot or trigger multiple penalties.After clarifying the theoretical basis of the incompletely two—conduct crime.The incompletely two—conduct crime unique behavioral structure also poses a problem:two people jointly perform the act but one of them does not know or does not have a specific purpose,or after the actor has performed the act,the third person continues to perform the purpose behavior corresponding to the specific purpose,Are they accomplices? To what extent is an accomplice? Does the third person's specific purpose affect the determination of an accomplice? According to the stage of the actor's involvement in the crime and the recognition of the specific purpose.The problem of the identification of the incompletely two—conduct crime accomplice can be divided into two categories and five cases.The first category: When the perpetrators jointly perform the act,all of the perpetrators have a specific purpose of course to establish an accomplice.If some perpetrators do not know that others have a specific purpose,they constitute an accomplice within the scope of the conduct.If some perpetrators know that others have a specific purpose,but they do not have,they will help the offenders in The incompletely two—conduct crime.The second category:former actors perform enforcement actions.When a post-perpetrator performs a purposeful act,knowing that others have a specific purpose.Depending on the nature of the act,conditionally identified as the successor accomplice of The incompletely two—conduct crime.After the perpetrator does not know that others have a specific purpose,it constitutes an accomplice within the scope of the purpose.