What is joint intentional crime and what is joint criminal intent

In practice, joint offences do not require the intentional commission of the same offence.

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. Co-offenders are mainly divided into principal offenders, accomplices, and coerced accomplices.

Legal analysis: joint intent is the subjective basis of joint crime, and it is an independent criminal will composed of several separate criminal intentions and tendencies, so the structure of Hui Dachang's joint criminal intent is a composite independent intention, rather than a simple superposition of several criminal intentions.

Legal basis: "Criminal Law of the People's Republic of China" Article 25: The crime of joint offense imitation 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 responsibility for pickpocketing before punishment are to be punished separately in accordance with the crimes they committed.

Joint criminal intent refers to the intentional mental attitude of the joint offenders towards the criminal act, and the intentional content is the same, and the intentional contact between the two parties is dismantled. Realized in the synergistic common behavior. Article 25 of the Criminal Law of the People's Republic of China provides for this.

Legal basis] Article 25 of the Criminal Law of the People's Republic of China.

A joint crime refers to a 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.

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 organized the attack on the Emperor and led the criminal syndicate shall be punished in accordance with all the crimes committed by the syndicate.

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.

Joint criminal intent refers to the fact that the joint offenders all have an intentional mental attitude towards the criminal act, and the content of the intention is the same, and there is an intentional connection between them. Realized in the synergistic common behavior. Article 25 of the Criminal Law of the People's Republic of China provides for this.

2. Is it a crime to help a friend do a family and dislike babies?

Helping a friend abandon a baby may constitute a joint crime of abandonment.

There are two meanings here:

First, the co-perpetrator not only realizes that he is intentionally participating in the commission of the joint crime, but also recognizes that there are other co-perpetrators and he participates in the commission of the crime at the same time.

The second is that the co-offenders have a deliberate attitude of hope or laissez-faire towards the occurrence of the outcome of the crime.

3. Definition of partnership fraud.

Fraud carried out by two or more persons shall be found to be a partnership fraud.

1. There must be more than two people.

A person who has not reached the age of criminal responsibility or lacks the capacity for criminal responsibility cannot be the subject of a separate crime, nor can he be the subject of a joint crime. Therefore, where a person with subject qualifications "commits a crime together" with a person who has not reached the age of criminal responsibility and does not possess subject qualifications, it is not considered a joint crime, and the person with subject qualifications bears criminal responsibility. Where a person with subject qualifications instigates a person who has not reached the age of criminal responsibility to commit a crime, it is not considered a joint crime, and the criminal responsibility is borne by the person with subject qualifications.

In this case, it is considered that the instigator is using another person as a tool, which is an indirect offense.

2. There must be joint criminal intent.

There must be two layers of intent before it can be considered to have the intent to commit a joint crime. First, joint intent requires that all joint offenders are aware of the nature of the joint criminal act and the consequences of harming society, and that they hope or allow the harmful consequences to occur. The so-called same criminal intent means that all the accomplices have intent for the same crime or several crimes, and such intent only requires that it be the same within the scope of the criminal law, and does not require that the form of intent be exactly the same as that of the specific internal combustion goodness.

As far as the form of intent is concerned, when both parties are directly intent, both parties are indirect, and one party is directly intentional and the other party is indirect, as long as it is the intent of the same crime, a joint crime can be established.

3. There must be a joint criminal act.

Legal Analysis: Yes. A joint crime refers to a 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; In other words, the following conditions must be met to constitute a joint crime: 1. Objectively, the perpetrators of each common bureau chain must have common criminal conduct; 2. Subjectively, each joint offender must have a common criminal intent.

Legal basis: Criminal Law of the People's Republic of China

Article 14: Intentional crimes are committed intentionally where one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, and thus constitutes a crime.

Those who commit intentional crimes shall bear criminal responsibility.

Article 25: Joint crimes refer to two or more persons committing a joint intentional crime.

Where two or more persons commit a crime of joint negligence, they are not to be punished as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.

Joint crimes are all intentional crimes. The co-perpetrator must subjectively have a common criminal intent to be frank. The criteria for determining a joint crime are:

1. Two or more persons must have reached the legal age of criminal responsibility and have the ability to be responsible for criminal crimes.

2. The co-offenders must subjectively have common criminal intent.

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

4. There must be a common object of crime.

1. What are the criteria for determining the principal offender and accessory in a joint crime?

1. 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.

2. Those who play a secondary or auxiliary role in a joint crime are accomplices. For accomplices, punishment shall be mitigated, commuted, or waived.

II. What are the differences between joint crimes and unit crimes?

1. The time of committing a crime is different.

In unit crime, intent can only arise before the crime is committed. This is because unit crimes are always carried out after the collective research decision of the unit or the decision of the person in charge of the unit, so it must be carried out after the criminal intent.

In a joint crime, the time at which the intention arises is relatively arbitrary, either before or during the crime.

2. All kinds of crimes.

In unit crimes, the perpetrator subjectively manifests himself as direct intent. The co-offender may subjectively manifest itself as direct intent, direct intent, indirect intent, or both.

3. The ultimate subject of the crime is different.

In the case of unit crimes, in addition to the criminal accidents of the directly responsible managers and other directly responsible personnel, there is also the criminal intent of the unit, that is, the crime committed by the unit is carried out in the name of the unit, and the crime committed by the unit is investigated with the overall intent of the unit.

The will of the individual should be expressed through the will of the unit. Where a joint crime is committed, there is no criminal intent other than the crimes committed by the co-offenders, and the criminal activities are generally carried out in the name of the convict and not in the name of other units.

Even if it is implemented in the name of another Authority, it does not represent the will of that Authority. This is an important criterion for distinguishing between a crime committed by a unit and a crime committed by a joint crime.

4. The motives for criminal acts are different.

In unit crimes, the motive of each offender to carry out criminal psychological activities is to realize the development interests of the enterprise unit. In the case of joint crimes, the motive of the joint offenders in committing the criminal activities is to achieve their own personal learning goals. This is another important technical criterion for distinguishing between unit crime and joint crime.