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This successive accomplice is actually part of the theory of prior non-conspiracy accomplice, that is, after the previous actor has already carried out part of the act, the later actor deliberately participates in the commission of the crime or provides assistance or something as an accomplice, and the successor accomplice has two distinctions: the successor accomplice and the successor accomplice, let's simply say an example, A is robbing, and B joins in and uses violence to help A rob, then it is the successor perpetrator (accomplice); A used violence against C, and later B joined in to help Wangfeng, and he was the successor's helper. Also, it is generally said that the accomplices of the inheritance are continuous offenders and it is easy to do this, I know these things roughly, and I don't know if I can help you.
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A form of joint crime.
refers to the fact that the prior perpetrator has already carried out a part of the carrying out act, and the subsequent perpetrator participates in the commission or provides assistance with the intent of committing a joint crime. In this regard, the subsequent participants cannot bear criminal responsibility for all crimes, but only for their subsequent actions after their participation. This is an explanation of the law.
Case 1: One evening, A was discovered by the owner C of a single burglary, C wanted to catch him and chased A to a nearby road, A kicked the victim in the abdomen, but the victim still tried his best to grab A and did not let go. It happened that A's fellow villager B passed by the scene, saw this situation and accepted A's request for assistance, and also kicked the victim in the abdomen, and then the two escaped.
The victim later died of bleeding from a ruptured spleen, but it was not possible to identify whose actions caused the ruptured spleen. In this case, B is a successor accomplice, but is not responsible for C's death.
Hope it helps!
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"Succession to joint principal offender" refers to a situation in which the prior actor intervenes in the commission of a certain crime after the prior actor has begun to commit it, and after the conduct has not yet been fully carried out, the later actor intervenes and jointly commits the crime after obtaining contact with the prior actor. The scope of the establishment of a joint principal offender shall be limited to: where the later actor uses the prior actor's conduct and results as a means to achieve his own crime, and uses them based on the intention to exploit the conduct and results, such conduct should be regarded as the later actor's use or supplement to the prior actor's conduct, and the specific judgment should be based on equivalence in the sense of value and norms.
There is a theoretical controversy as to the assumption of the responsibility of an accomplice. There is a distinction between affirmative and negative theories, and most of the people in China's criminal law circles hold affirmative theories, that is, the successor accomplices are also accomplices, and they must bear responsibility for all the consequences of the crime according to the principle of "partial implementation and full responsibility", that is, they cannot only bear the consequences caused by the part of their own acts. However, there is still controversy about the responsibility for aggravating outcomes.
Inherit the characteristics of accomplices.
1.The person who joins later should have a common intent to carry out the act of the prior actor.
2.The criminal act committed by the prior perpetrator has not been completely completed, i.e., the criminal act has not stopped.
3.The person who joins later is not responsible for the aggravated consequences of the earlier act.
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Legal Analysis: The joint crime of succession refers to the fact that the prior actor has already committed part of the criminal act, and when the act has not yet been fully carried out, the later actor clearly knows the fact of the crime and participates, or alone or together with the prior actor, to complete the remaining act. According to the theory of joint crime, the establishment of a joint crime requires the unity of subjective and objective barriers, which requires that subjectively, the actor who participated in the crime later knew that the prior actor was committing the crime at the time of participation, and the actor who participated later also knew that the actor who participated later committed the joint crime with him, and the two should be subjectively related; At the same time, in the objective aspect, the two must jointly commit the criminal act, and the perpetrator who later participates can be the principal offender, that is, objectively committed the criminal act, or he can be an aider and abettor, but there is no successor instigator.
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, and they are not punished as a joint crime, they are to be punished separately in accordance with the crimes they committed.
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Legal subjectivity: What is the relationship between a successor accomplice and a one-sided accompliceInherited joint crime refers to the fact that the prior actor has already committed part of the criminal act, and when the act has not been fully carried out, the later actor clearly knows the fact of the crime and participates, or alone or together with the prior actor, to complete the remaining acts. According to the theory of joint crimes, the establishment of a joint crime requires the unity of subjectivity and objectivity, which requires that subjectively, the perpetrator who participated in the crime later knew that the prior actor was committing the crime at the time of participation, and the perpetrator who participated later also knew that the actor who participated later committed the joint crime with him, and the two should be subjectively related; At the same time, in the objective aspect, the two must jointly commit the criminal act, and the perpetrator who is later involved can be the principal offender, that is, objectively committed the criminal act, or he can be an aider, but there is no successor instigator.
One-sided accomplice is a symmetry of "comprehensive accomplice", where two or more perpetrators subjectively do not communicate with each other and only unilaterally have the intention to commit a joint crime. One-sided joint crimes fully meet the requirements for the establishment of a joint crime, and should be a joint crime, and the scope of one-sided accomplices is very wide, and the organizers, instigators, aiders, and perpetrators can all use the intentional criminal acts of the perpetrators to achieve their own criminal goals without the perpetrator's knowledge. Legal Objectivity:
Article 25 of the Criminal Law 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 shall bear criminal responsibility are to be punished separately according to the crimes they committed. Article 26: Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes, 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 crimes in which they participated, organized, or directed.
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.
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Legal Analysis: Inherited joint crime refers to the fact that the prior perpetrator has already committed a part of the criminal act, and when the act has not yet been fully carried out, the later act bends the person to participate in the crime knowing the fact of the crime, or completes the remaining act alone or together with the prior actor. According to the theory of joint crime, the establishment of a joint crime requires the unity of subjectivity and objectivity, which requires that subjectively, the actor who later participated in the crime clearly knew that the prior actor was committing the crime at the time of participation, and the actor who participated later also clearly knew that the actor who participated later agreed to commit the joint crime with him, and the two should be subjectively related; At the same time, in the objective aspect, the two must jointly commit the criminal act, and the perpetrator who is later involved can be the principal offender, that is, objectively committed the criminal act, or he can be an aider, but there is no successor instigator.
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.
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