The difference between joint crime and gang crime

Hello, (1) Joint crime refers to the joint intentional crime committed by two or more people. The following conditions shall be met for a joint crime:

1.Must be two or more persons who have reached the legal age of criminal responsibility and have the capacity for criminal responsibility.

2.The co-perpetrators must subjectively have a common criminal intent.

3.The co-perpetrators must objectively have committed a common criminal act.

4.There must be a common object of the crime. Joint crimes may be divided into simple joint crimes and complex joint crimes based on whether there is a division of labor between the joint offenders who committed and those who did not commit the acts.

A simple joint crime, which may also be referred to as a joint perpetrator, refers to a joint crime in which all the joint offenders directly commit the objective aspect of a specific crime as provided for in the specific provisions of the Criminal Law. It should be pointed out that the joint perpetrator does not not have a division of labor at all, only in the parallel joint perpetrator the joint offender has fully committed the commission of the crime, such as A and B jointly committing violence against C, and then robbing B of B's property together; In the case of a joint perpetrator of a shared crime, there is also a division of labor within the act of committing it, such as in the joint crime of robbery, in which one person commits violent means and the other person commits the act of obtaining property. Complex joint crime refers to the division of labor between the joint offenders and their different positions in the joint crime.

2) Gang crime is a relatively broad concept, which includes both organized crime such as criminal groups, as well as crimes that are loosely integrated and have not yet reached the level of organization of criminal groups. There are no special penalties for "gang crimes" in the current law. Because juveniles are physically and psychologically immature, they often exhibit suddenness, entanglement, and gangs when committing crimes, that is, what is commonly referred to as "juvenile gangs", but they are loosely organized and their members are not fixed.

When handling the case, the law should be used as the criterion, and the facts should be used as the basis for differential treatment, and the "criminal gang" cannot be convicted.

If more details can be given, more detailed information can be made.

Gang crime is also a joint crime, and the law does not make special provisions on the concept, characteristics, and sentencing of criminal gangs, and this form can be completely tolerated by ordinary joint crimes, so there is no need for independent existence. It can be seen that the so-called criminal gang is actually a collection of criminal groups and ordinary joint crimes.

Article 25 of the Criminal Law stipulates that "joint crime refers to the joint intentional crime committed by two or more persons".

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.

Joint crime refers to two or more people committing a crime jointly and intentionally, and as for the gang crime you mentioned, I think it should be called a criminal group in law, that is, a relatively fixed criminal organization formed by three or more people for the purpose of jointly committing a crime, which is a criminal group.

Both of these can be divided into principal offenders and accomplices, and those who organize or lead a criminal group to carry out criminal activities or play a major role in a joint crime are principal offenders. Those who play a secondary or auxiliary role in a joint crime are accomplices. For accomplices, punishment shall be mitigated, commuted, or waived.

Another point is that in group crimes, the ringleaders who organize and lead the criminal group are punished according to all the crimes committed by the group. and the principal offender in a joint crime shall be punished in accordance with all the crimes in which he participated, or who organized or directed.

The treatment of members of a joint offense is the same.

And in the case of group crimes, it is necessary to distinguish between the first offender and the accessory.

Legal Analysis: The Difference Between Joint Crime and Gang Crime: A joint crime is a crime committed by two or more people who imitate it.

Gang crime is a concept in the Criminal Procedure Law, which generally includes not only organized crime forms such as criminal groups and other forms, but also general joint crime forms that are relatively loose and temporarily combined. Gang crime is a relatively broad concept, which includes both organized crime such as criminal groups and crimes that are loosely integrated and have not yet reached the level of criminal group organization.

Legal basis: "Criminal Law of the People's Republic of China" Article 25: Joint crime refers to two or more people committing a crime together for the purpose of quarreling and committing a crime.

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 shall be punished separately in accordance with the crimes they have committed.

Where a crime committed by a gang constitutes a crime, it is a joint crime. 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 and lead criminal groups are the ringleaders. The ringleaders who organize and lead a criminal group shall be punished in accordance with all the crimes committed by the group.

[Legal basis].

Article 25 of the Criminal Code.

A joint crime refers to a joint intentional crime committed by two or more persons.

Where two or more persons summon Lu to 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.

Article 26.

Those who organize or lead a criminal group to carry out criminal activities, or who play a major role in a joint crime, are the principal offenders.

A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group;

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 those provided for in paragraph 3 shall be punished in accordance with all the crimes in which they participated or organized or directed the pure chain.

Article 27.

Those who play a secondary or auxiliary role in a joint crime are accomplices.

For accomplices, punishment shall be mitigated, commuted, or waived.