How do you tell the difference between a conspiracy and an implication? What s the difference?

If a criminal act commits several crimes, it is an imaginary conspiracy; Committing multiple criminal acts for the purpose of committing a crime is an implicated offense if the offence is committed with different offences.

Imaginary joint offender refers to a crime in which the offender commits a series of criminal acts in the course of committing a crime, and on the surface it seems that several crimes are involved at the same time, but in fact can only be convicted of one crime, and the implicated offender refers to a crime in which the offender commits other crimes at the same time in the course of committing the crime in order to achieve his own criminal goals, and the court convicts and punishes him on different charges.

Imaginary co-offense is the commission of several offences by one act. An implicated offender is a person who commits a different offence based on the purpose of the crime, the method of act, or the result of the act.

Joints are convicted of a felony An implicated offender is convicted of a crime that absorbs other offences.

Imagine the difference between a co-offender and an implicated offender:

1. In terms of nature, imagining that the joint offense is a substantive crime, and the implicated offense is a substantial multiple crime;

2. Subjectively, imagine that several sins committed by the joint commission can be either intentional or negligent, while several sins committed by implication can only be caused;

3. Objectively, imagine that the co-perpetrator commits one criminal act, while the implicated offender commits several criminal acts.

"Implicated offender" refers to a situation in which the perpetrator commits a certain crime, and the means or result of the act also violates the name of another crime. For example, if the property of another person is defrauded in the form of forging an official document, the purpose of the fraud constitutes the crime of fraud, and the act of forging the means of the official document constitutes the crime of forging the official document, and the two crimes form an implicated relationship between the purpose and the means, and constitute an implicated offender.

Imaginative co-crime, also known as conceptual co-crime and imaginary multiple crimes, refers to the situation of committing a criminal act based on one crime, and simultaneously committing several criminal objects and committing several crimes.

Legal basisArticle 69 of the Criminal Law of the People's Republic of China.

Where a person has committed several crimes before the judgment is announced, except where the death penalty or life imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence to be enforced below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, the maximum sentence of hand pure imprisonment shall not exceed 20 years where the total sentence is less than 35 years, and the maximum sentence shall not exceed 25 years where the total sentence is 35 years or more. Where a sentence of fixed-term imprisonment or short-term detention is to be given in several crimes, the fixed-term imprisonment is to be enforced. Where a sentence of fixed-term imprisonment or controlled release is given for several crimes, or short-term detention or controlled release, the controlled release must still be enforced after the completion of the fixed-term imprisonment or short-term detention.

Where there are several crimes where a supplementary sentence is given, the supplementary punishment must still be enforced, and where the type of supplementary punishment is the same, it is to be enforced together, and where the types are different, it is to be enforced separately.

Legal Analysis: The Difference Between Imaginary Conspiracy and Implication: Imaginary Conspiracy is a criminal act that violates several criminal objects and commits several crimes; An implicated offender, on the other hand, is when the perpetrator commits a certain crime, and the act of means or result commits another crime.

Legal basis: Article 269 of the Criminal Law of the People's Republic of China stipulates: Whoever commits the crime of theft, fraud, or robbery, and uses violence or threatens violence on the spot in order to conceal stolen goods, resist arrest, or destroy criminal evidence, shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 329 of the Criminal Law of the People's Republic of China stipulates that anyone who snatches or steals state-owned archives shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever violates the provisions of the Archives Law by selling or transferring state-owned archives without authorization, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes provided for in this law, follow the provisions for the heavier punishment at trial and sentencing.

For example, A intends to kill B and shoots B at night while B is watching a movie, killing one person and injuring another. Person A's homicide commits two crimes: intentional homicide and intentional injury. The implicated offender has committed a crime for the purpose of committing a crime, and his method act or result act has committed other offences.

For example, if the property of another person is defrauded in the form of forging an official document, the purpose of the fraud constitutes the crime of fraud, and the act of forging the means of the official document constitutes the crime of forging the official document, and the two crimes form an implicated relationship between the purpose and the means, and constitute an implicated offender. 2. Different in nature: An implicated offender is a form of crime in which the perpetrator commits a certain crime, and the criminal act or the resulting act commits another crime.

Imaginary joint offense is a form of crime in which the perpetrator commits a harmful act based on several different crimes governed by one criminal intent, and commits two or more different crimes. 3. Different principles: Where the provisions of the sub-provisions of the Criminal Law clearly stipulate the corresponding punishment principles for the implicated offenders of specific crimes, the provisions of the sub-provisions of the Criminal Law shall be strictly followed, regardless of the punishment principles stipulated.

Imaginary joint crimes, also known as imaginary crimes, only formally constitute several crimes, because only one criminal act is obviously different from the nature of substantive crimes.