What is the relationship between indirect recidivism and joint crime?

The so-called indirect principal offender is to instigate a person under the age of 18 to commit a crime, that is, to instigate a person who lacks civil capacity to commit a crime, that is, to do his own thing by the hands of others.

A joint crime is a joint crime committed by two or more people, note that it is intentional! In the case of negligence, there is no such thing as joint guilt. This includes the communication of the two meanings, joint acts, and so on.

An indirect principal offender, also known as an indirect offender or a principal offender, is a type of principal offense against a direct principal offender. It refers to the use of another person's hand to achieve a criminal purpose without personally committing harm. Where the perpetrator dominates the direct perpetrator through coercion or deception, thereby dominating the constituent elements of the fulfillment, it is an indirect principal offense.

The establishment of an indirect principal offender does not require the perpetrator to be present at the scene of the crime, nor does it require the perpetrator to participate in the joint commission of the act. The affirmation of indirect principal offenders means that indirect principal offenders must be held liable for the results of the infringement of legal interests caused by the exploiter.

There are two types of joint crimes: general accomplices and special accomplices, i.e., criminal groups. According to Article 25, Paragraph 1 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. 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.

Indirect principal offense is an amendment to a joint crime, "I use others as a gun, and the gun and I do not establish a joint crime", mainly because: A gun lacks the intent to establish this crime with me (accident, negligence, illegal act, intention to commit other crimes) B the gun has a cause for illegal obstruction (legitimate defense, emergency avoidance) and c the gun has a responsibility to stop the cause (under the age of criminal responsibility, no corresponding capacity for responsibility).

I don't really want to know if that's right. If the perpetrator has the intent and capacity to commit an accomplice, then it cannot be said to have taken advantage of the intention, and should the original indirect principal offender be understood as an instigator?

The traditional theory holds that indirect recidivism is a phenomenon of a single crime, and that the indirect recidivist and the exploited person do not constitute a joint crime. But there are drawbacks to this view. Indirect principal offenders are also a type of principal offenders, and as long as they are principal offenders, they are eligible to have accomplices (abettors, aiders) to themselves.

1. Is the indirect principal offender a joint crime?

1. Indirect principal offenders are not joint crimes. Because indirect principal offense refers to the fact that the principal offender of the crime uses deception or coercion to force others to commit a criminal act, and the criminal act is not committed out of the true will of the persecuted person, that is, there is no intention to commit a joint crime, it does not constitute a joint crime. However, if there is intent to commit other crimes, it is a different matter.

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

The concept of joint crime] Joint crime refers to the joint intentional crime committed by two or more people. 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.

2. What is the concept of indirect recidivism?

Indirect principal offender refers to the use of a person who does not have the qualifications to be the subject of a crime or a third party who does not have an accomplice relationship to commit a crime. From the perspective of criminal law theory, indirect recidivism is a category deduced by the objectivist theory of accomplice in order to make up for the shortcomings of its theory of accomplice subordination and to borrow from the subjectivist theory of accomplice. According to the subjectivist theory of accomplice, as long as there is a joint criminal act, even if one party has not reached the age of criminal responsibility or does not have the capacity for criminal responsibility, it does not prevent the establishment of the joint crime, that is, the so-called accomplice independence theory.

Indirect principal offenders are not joint offences. Indirect principal offense refers to the use of an incapacitated person or a person with limited capacity to commit a crime.

"The concept of principal offender, in a broad sense, is based on the constitutive elements set forth in each article of the Criminal Law, and all those who commit a crime are principal offenders, regardless of the constituent elements of their own fulfillment, whether they are from their own hands or using the hands of others, and the former is called a self-committed principal offender, also known as a direct principal offender; It is called or the principal offender of his hand, and it is also called an indirect principal offender.

1. What are the types of indirect recidivism?

1) Exploiting a person who lacks the capacity for criminal responsibility to commit a crime.

Persons incapacitated for criminal responsibility include: minors under the age of 16 and mentally ill persons.

2) Lawful acts of taking advantage of others.

For example, if A falsely accuses B of killing another person, and B is later sentenced to death, A constitutes an imaginary competition between the crime of false accusation and the crime of intentional homicide (indirect principal offense). Because A used the sword of national democracy to kill B.

3) Taking advantage of the negligence of others.

For example, if A and B are hunting in the mountains, A knows that there is a person in front of them but says to B, "There is a bear in front of you", B believes it and shoots the victim, causing the victim's death. A took advantage of B's negligence without knowledge to cause the victim's death, so A was found to be an indirect principal offender of the crime of intentional homicide.

4) Make use of deliberate tools.

For example: the screen case. A instigated B to shoot at C's screen, because A knew that C was behind the screen, B did not know about it, B shot it, the screen was shattered, and C was shot and killed.

A and B establish a joint crime within the scope of the crime of intentional destruction of property. B constitutes an imaginary coincidence of the crime of intentional destruction of property and the crime of negligence causing death, and A establishes the indirect principal offender of the crime of intentional homicide. A takes advantage of B's destruction of property.

5) Taking advantage of another person's non-criminal acts.

This includes taking advantage of another person's innocent acts (force majeure and accidents) as well as taking advantage of another person's other non-guilty acts. For example, if A and B commit suicide by throwing themselves into the river together, B asks A to jump first, and after A jumps into the river, B is very happy and after confirming that A has drowned, he walks away.

B constitutes an indirect principal offender of the crime of intentional homicide.

The essence of indirect principal offender is to use others as tools for his own crime, and the exploiter and the exploited person do not establish accomplices, so indirect principal offenders are excluded from accomplices within the scope of the crime used. In other words, if an accomplice to crime A is established, an indirect principal offender of crime A cannot be established. However, an indirect principal offender who is guilty of crime A may also be an accomplice to crime B.

Indirect principal offenders shall be given heavier punishments. Indirect principal offender refers to a person who, with his or her own criminal intent, uses a person who is incapable of responsibility or a person who has no criminal intent to commit a criminal act in order to achieve his or her own criminal purpose. The principal offender is the person who has a dominant position in the realization of the facts that constitute the elements.

According to this viewpoint, the principal nature of indirect recidivism is mainly manifested in the dominance of the indirect recidivist in a dominant position over the exploited person (the agent of the act), and if the manipulator who is hidden behind the scenes does not know about it, it may be impossible to know because of the limitations of age and responsibility capacity, or it may be unable to know because he is deceived or deceived.

The user who is behind the scenes dominates the user's behavior as part of his own behavior, and this domination is a kind of domination of the will in a dominant position. Dominance of the meaning of dominance indicates that the user has a clear understanding of the elements of the crime than the exploited person to control, control and decide on the crime, and the minimum conditions for committing the crime are not met. The direct principal offender causes harmful consequences through his own conduct, and his domination over the crime is manifested as direct domination over the crime.

Indirect principal offenders need to be through the actions of others to cause the results to occur, but the other people are completely unaware of the fact that they are being used, and they are innocent people who have committed the criminal acts of the exploiters.

Joint crime refers to the situation and phenomenon in which the index person jointly commits the crime. To constitute a joint crime, it is necessary for the participants to communicate with each other about their criminal intentions, and if they contribute to the crime committed by others, some kind of accomplice, such as an aider, can be established even if they do not communicate with others. Therefore, there is room for the theoretical recognition of one-sided tangible aiders (accomplices).

Criminal Law of the People's Republic of China》 Article 29: [Instigators] Those who instigate others to commit crimes shall be punished in accordance with the role he played in the joint crime. Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment.

If the person instigated did not commit the crime instigated, the punishment for the instigator may be mitigated or mitigated.

Criminal Law of the People's Republic of China" Article 25: [Concept of Joint Crime] 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 according to the crimes they committed.