Difference Between Principal Offender and Principal Offender What is the difference between an accom

1. Different acts: The general theory advocates the normative theory of carrying out acts (the doctrine of carrying out acts), that is, in the distinction between principal offenders and accomplices, it should be judged on the basis of whether the perpetrator personally carried out the act. In the case of indirect principal offense, the perpetrator does not simply induce the will of others to commit the crime or facilitate the commission of the crime by others, but uses the other person as a tool of the crime according to his own will to achieve his own criminal purpose.

2. Different purposes: This kind of behavior of achieving the purpose of a crime by pretending to be another person is not fundamentally different from committing a crime with one's own hands, so it also belongs to the view that the principal offender tends to carry out the normative act theory, and further believes that the general theory understands the (direct) principal offender as a type of crime that personally commits the basic constituent elements of the act and directly causes the infringement of legal interests; Accomplices are the type of crime in which acts such as instigation and assistance are used to cooperate and add credit to the principal offender, and indirectly cause the consequences of infringement of legal interests through the principal offender's conduct.

3. Different convictions: In addition, the theory of normative implementation of behavior is completely consistent with China's criminal law, which is completely consistent with the two-tier division system of the two-tier division system between principal offender and accomplice, which aims to solve the conviction and the division between principal and accomplice.

In terms of thinking about specific issues, on the one hand, it is based on the constituent elements of the specific provisions of the Criminal Law, which has the advantages of being intuitive, concise and bright, and is convenient for judicial practice. On the other hand, according to the doctrine of normative conduct, even if a participant who did not participate in the commission of the constituent element of the act but played an important role in the joint crime, even if he cannot be found to be a principal offender, it will not in any way prevent him from being severely punished in accordance with the principal offender; On the contrary, even if a person participates in the commission of the constituent acts but makes little contribution or plays a small role in the joint crime, even if he is found to be a principal offender, it does not affect his punishment as an accomplice.

Difference between principal offender and accessory:

1. The difference between mastermind and follower: In joint crime, the principal offender is the core of the whole incident, while the accomplice only obeys and obeys the orders of the principal offender.

2. Difference in the frequency of crimes: The principal offender mostly participates in multiple joint crimes or participates in the whole process, while the accessory offender participates in part or less than the principal offender.

3. The difference in the intensity of the crime: The principal offender's conduct is usually more intense, cruel in means, and skilled in skills, while the accomplice appears to be unfamiliar with technology due to the first time or fewer times.

The difference between the principal offender and the accomplice is that in the joint crime of prior conspiracy, the person who plans and directs the criminal activities is usually the principal offender, and the person who passively accepts the task and obeys the command is usually the accomplice; From the perspective of the intensity of participation in joint crimes, the principal offender's conduct is usually more intense and cruel, while the accomplice's conduct is usually less intense or not skilled enough; Wait.

The principal offender refers to the perpetrator, that is, he has committed the crime and there is no necessary connection with the principal offender. Corresponding to indirect recidivism, indirect recidivism, also known as indirect committing crimes, refers to situations in which another person is used as a tool. The user and the exploited person are not guilty of a joint crime.

The principal offender refers to a criminal who organizes or leads a criminal group to carry out criminal activities in a joint crime, or who plays a major role in a joint crime. Similarly, an accomplice is a criminal who plays a secondary role.

The principal offender is the perpetrator of a joint crime. It is divided into separate principal offenders, joint principal offenders and indirect principal offenders. The principal offender is the person who plays a major role in the joint crime.

The principal offender cannot be the principal offender, but it is also possible that he is an accomplice. The principal offender is not necessarily the principal offender, for example, the instigator is sometimes the principal offender, but he is not the perpetrator of the offense and not the principal offender.

An accomplice refers to a joint intentional crime committed by two or more persons, and the offender in the accomplice is divided into a principal offender and an accomplice, and the accomplice is a person who plays a secondary or auxiliary role in the joint crime.

1. Different concepts: In the joint crime of prior conspiracy, the person who first proposes to commit the crime is usually the principal offender, and the person who echoes and agrees with it is usually the accomplice. 2. Different behaviors:

In the case of prior conspiracy, the person who plans and directs the criminal activities is usually the principal offender, and the person who passively accepts the task and obeys the command is usually an accomplice.

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

Article 26: Principal offenders refer to criminals who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes.

Article 27: Accomplices refer to criminals who play a secondary or auxiliary role in a joint crime.

An accomplice is one in which two or more persons commit a crime with intent in part. Here, the principal offender and the accessory, the wrongdoing are common, but the responsibility is separate. The accessory, in terms of his position in the joint crime, is subordinate to the principal offender; From the point of view of its role in the joint crime, it plays a secondary or auxiliary role.

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, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately in accordance with the crimes they committed. Article 26 of the Criminal Law of the People's Republic of China: 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 in which three or more persons form a criminal group 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.

Legal analysis: 1. In the joint crime of prior conspiracy, the person who proposes the intent to commit the crime is usually the principal offender, and the person who echoes and agrees with the voice of the branch is usually an accomplice.

2. In joint crimes of prior conspiracy, the person who planned and directed the criminal activities is usually the principal offender, and the person who passively accepts the task and obeys the command is usually an accomplice.

3. Judging from the frequency of participation in joint crimes, those who have participated in joint crimes multiple times or all of them are usually principal offenders, while those who have participated in joint crimes for the first time or have participated in fewer times than other criminals, as well as criminals who have only participated in some of the joint crimes, are usually accomplices.

4. From the perspective of the intensity of participation in joint crimes, the principal offender's conduct is usually relatively strong, cruel, and skillful, while the accomplice's conduct is usually less intense or not skilled enough.

5. From the perspective of the effect on the outcome of the crime, the principal offender usually has a greater effect on the outcome of the crime due to the intensity of his conduct or the practice of his skills, and is the main cause of the outcome of the crime; Accomplices, on the other hand, usually play only a small or no role in the outcome of the crime due to their first crime, low intensity of their conduct, lack of clarity, or lack of skill.

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.

Article 27: Those who play a secondary or auxiliary role in a joint crime are accomplices.

Difference Between Principal and Accomplice:

1. The principal offender is a criminal who plays a major role in a joint crime, and an accomplice refers to a criminal who plays a secondary or auxiliary role in a joint crime, 2. The principal offender shall be punished in accordance with all the crimes in which he participated, organized, or directed, and for accomplices, punishment shall be mitigated, commuted, or waived.

[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 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 27.

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

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