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Anonymous users2024-02-07According to the first paragraph of Criminal Law article 26, the principal offender is the one who organizes or leads a criminal group to carry out criminal activities or plays a major role in a joint crime. There are two types of principal offenders: first, criminals who organize and lead criminal groups to carry out criminal activities, that is, the ringleaders of criminal groups; The second is other criminals who play a major role in the joint crime, that is, criminals who, in addition to the principal criminal of the criminal group, play a decisive or important role in the formation, implementation, and completion of the joint crime.
According to Article 97 of the Criminal Law, the ringleaders are divided into two categories: first, the ringleaders in the criminal group; The second is the ringleader in the crime of assembling a crowd. However, the principal offender in a criminal group is not necessarily the principal offender, because in a criminal group, in addition to the principal offender, the other criminals who play a major role are also the principal offenders.
Where the crime of assembling a crowd constitutes a joint crime, in principle, it may also be found that the ringleader is the principal offender. However, in cases where the crime of assembling a crowd does not constitute a joint crime (for example, when the Criminal Law stipulates that only one ringleader is punished, and only one ringleader is punished), there is no distinction between principal offender and accessory, and the ringleader of the group certainly does not care about the principal offender.
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Anonymous users2024-02-06There are two types of principal offenders: the first is the ringleader of the criminal group, and the second is the criminal who plays a major role in the joint crime, as opposed to the ringleader of the criminal group, also known as the other principal offenders or the principal offenders other than the ringleader. So some of the ringleaders are the main culprits, and obviously the main culprits are not necessarily the main culprits, and they want to help you
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Anonymous users2024-02-05The main culprit is only the main member of the multi-person crime, and the ringleader is the leading member of the criminal gang.
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Anonymous users2024-02-04Legal Analysis: The Distinction Between the Principal Offender, the Accessory and the Ringleader: The Principal Offender Includes:
1) Criminals who organize or lead criminal groups to carry out criminal activities, that is, the ringleaders of criminal groups; (2) Criminals who play a major role in joint crimes, that is, criminals who play a major role in joint crimes other than the principal members of a criminal group, including the backbone elements of a criminal group and criminals who play a role in organizing, planning, or directing certain crimes of assembling a crowd. 2. Accomplices include: (1) criminals who play a secondary role in the joint crime; (2) Criminals who play an auxiliary role in the joint crime.
3. The ringleaders include: (1) they play a role in organizing, planning, and directing in a criminal group, and they are completely consistent with the first type of principal offender; (2) It refers to playing a role in organizing, planning, or directing a crime (not a criminal group, but a joint crime) in gathering a trapped crowd.
Legal basis: Criminal Law of the People's Republic of China
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.
Article 97: "Ringleaders" as used in this Law refers to criminals who play a role in organizing, planning, or directing a criminal group or assembling a crowd.
It is impossible to absorb the offender without him, and it is okay to implicate the offender with or without it, for example, if the self-made **object carries out the ** behavior, it is the absorption offender.
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