What are the constituent elements of a joint crime?

Updated on society 2024-03-12
5 answers
  1. Anonymous users2024-02-06

    For a joint crime to be established, the following elements must be met at the same time: the subject of the joint crime must be two or more persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility; The objective element of joint crime refers to the fact that two or more persons must have joint criminal conduct; Wait.

  2. Anonymous users2024-02-05

    The basic elements for the establishment of a joint crime are: 1. The joint offenders have common criminal intent. 2. The joint offender has a common criminal act.

    3. The co-offenders have all reached the age of criminal responsibility and have the capacity for criminal responsibility. 4. The acts of the joint offenders are directed at the common object of the crime.

    [Basis of the spine of the shirt].

    Article 25 of the Criminal Law: Joint or infiltration crimes refer to joint intentional crimes 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 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.

  3. Anonymous users2024-02-04

    Legal Analysis: The subject of a joint crime must be two or more persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility.

    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, it is not to be punished as a joint crime; Those who shall bear criminal responsibility shall be punished separately in accordance with the crimes they have committed.

  4. Anonymous users2024-02-03

    Legal Analysis: 1. Subject Elements: The subject of the joint crime must be two or more persons.

    2. Objective element: It means that all offenders must have a common criminal act.

    3. Subjective element: It means that the joint offenders must have a common criminal intent.

    Legal basis: "Criminal Law of the People's Republic of China" Article 25: 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 shall be punished separately according to the crimes they committed.

  5. Anonymous users2024-02-02

    The constitutive elements of a joint crime are as follows: 1. Subject elements: The subject of a joint crime must be two or more persons.

    2. Objective element: It means that all the criminals who buried the tomb must have a common criminal act. 3. Subjective elements:

    It means that the joint offenders must have a common criminal intent. Article 25 of the Criminal Law of the People's Republic of China.

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Although each specific constituent element of a crime has its own particularities, if we summarize and summarize the constituent elements of various specific crimes, any constituent element of a crime includes four elements: the object of the crime, the objective aspect, the subject, and the subjective aspect.