Study On The Detachment And Culpability Of Accomplices

In judicial practice,some perpetrators have voluntarily withdrawn from the criminal group for various reasons and have taken positive measures to eliminate the relationship of joint criminality and prevent the occurrence of criminal results,giving rise to the theory of disengagement of accomplices.This theory is originally part of German and Japanese criminal law and is intended to address the shortcomings in the punishment of joint criminality.For the results of the crime before and after the separation,according to the principle of "partial execution,full responsibility",the separator still has to bear the full legal responsibility,and the separation is only a kind of mitigating circumstance to be considered when sentencing.This may lead to a discrepancy between criminal law theory and practice,and the discretion of the judge may be unduly extended.The introduction of the doctrine of joint disengagement provides a reasonable solution to this dilemma.The theory of disassociation of accomplices is closely related to the nature of joint criminality,and is closely linked to the form of cessation of criminality,and is also connected to causation,and is closely related to the concept of individual responsibility,so its importance is self-evident.As it is easy to confuse the theory of disassociation with the theory of cessation and attempt,it is necessary to use the theory of "moderated causation" as a means of judging the disassociation of complicity and to take the issue of physical and psychological disassociation as a base point for research.The degree of severity of the causal link is judged by the criteria of equivalence and normativity.The criteria for determining the conditions for the disassociation of an accomplice must be considered in relation to the objective criteria and subjective issues,as well as in relation to the co-perpetrators,abettors and aids.The core of the study of the theory of disassociation is the question of the responsibility of the disassociated person,which must be determined according to the specific circumstances and the specific situation at different stages to determine whether the disassociated person should be considered as an attempted or suspended offender,and whether the criminal responsibility should be mitigated,reduced or exempted from punishment.