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"Joint crime" refers to two or more persons committing a crime jointly and intentionally. According to the provisions of paragraph 1 of article 25 of the Criminal Law, the following conditions must be met for a joint crime to be constituted: (1) In terms of the subject of the crime, the joint crime must be two or more natural persons and units that have reached the age of criminal responsibility and have the capacity for criminal responsibility, as well as natural persons and units with the capacity for criminal responsibility.
2) Objectively, each joint offender must have a common criminal act. (3) In the subjective aspect, each joint offender must have a common criminal intent. Only when all three of the above conditions are met can a joint crime be constituted.
The following situations are not joint crimes:
Special Reminder (1) A crime committed by two or more persons with joint negligence does not constitute a joint crime. Paragraph 2 of Article 25 of the Criminal Law stipulates: "If two or more persons commit a crime of joint negligence, it shall not be punished as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
The composition of a joint crime is subjectively a common criminal intent, and objectively the mutual acts are a unified whole, while the joint negligence crime does not have a common expression of intent, and the conduct does not form a unified whole; Therefore, a crime of contributory negligence is not a joint offense.
2) Concurrent offenses do not constitute joint crimes. Two or more persons intentionally committing a crime at the same time, but they are not connected with each other, do not constitute a joint crime.
3) In the course of two or more joint intentional crimes, the part that exceeds the intent of the joint crime does not constitute a joint crime.
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If two or more persons commit a joint intentional crime, it is a joint crime.
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Two or more are fine, but not all two or more people involved in the crime are joint crimes. Like what.
Among the instigators, if the minor is instigated to commit a crime, then it is very likely that only the instigator will be held criminally responsible, and the minor is innocent.
For crimes such as assembling crowds to fight, only the ringleaders are to be punished, and other minor persons are not to be pursued for criminal responsibility.
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A joint crime refers to a joint intentional crime committed by two or more persons.
There are two types of joint crimes: general accomplices and special accomplices, i.e., criminal groups. Ordinary accomplices refer to two or more persons who commit a crime together and intentionally, and a relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group. Those who organize or lead a criminal group to carry out criminal activities, or play a major role in a joint crime, are the principal offenders.
The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group. Principal offenders other than this shall be punished in accordance with all crimes in which they participated, organized, or directed. In addition to the principal offender, accomplice, or coerced accessory, there are also instigators who instigate others to commit crimes.
The instigator shall be punished in accordance with his role in the joint crime. Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment. If the person instigated did not commit the crime instigated, the punishment for the instigator may be mitigated or mitigated.
Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
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Legal Analysis: Joint crime refers to a crime in which the joint conduct of two or more persons is used as an element of the dispersal of the crime, and the subject of the crime must be two or more persons with common criminal conduct, and one person cannot constitute the crime alone. For joint crimes, the principal offender shall be given a swift punishment in accordance with all of his crimes, and accomplices shall be given a lighter, commuted punishment, or waived punishment.
Legal basis: Article 25 of the Criminal Law of the People's Republic of China: Joint crime refers to two or more persons committing a joint intentional crime. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who should bear criminal responsibility shall be punished separately according to the number of crimes they committed.
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A joint crime refers to two or more persons committing a crime with the same intention and with caution.
Criminal Law of the People's Republic of China
Article 25.
Where two or more persons commit a crime of joint negligence, it is not to be punished as a joint crime; Those who should be held criminally responsible shall be punished separately according to the crimes they have committed.
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