Can a person who did not have prior conspiracy constitute a joint crime?

The case is roughly as follows: A steals the gun in revenge by breaking into the unit, forcing B to open the door of the warehouse with a knife and getting the gun, but he fails to kill because the gun has no bullets. When A was leaving, B asked to tie himself up, and A did.

The question is, do the two constitute a joint crime? Why? I don't think it's a combination of an act and omission of a joint crime, because B has no mens rea.

Everyone's analysis, thank you Satisfactory answersOnline collar level 22009-07-05From the confession of the facts of the case is a bit vague, I think if it constitutes a crime, then B is an accessory to coercion, and the criminal law can reduce or exempt the punishment. If it is not enough to commit a crime, then A is an indirect principal offender, and B is only being used by A. It depends on the details.

Supplement: If it is enough to become an accomplice, then B should be an accomplice to coercion Other (6) Lawyer**Level 9 2009-07-05 is not a put, this is obviously not a joint crime Taiz2 Level 2009-07-05 There was dereliction of duty at work, and afterwards the suspect was legally connived at the escape. dī3 2009-07-05 is not considered a joint crime...

Addendum: If you first want to figure out why B wants A to tie himself up! Shadow9 Level 2009-07-05 may constitute a one-sided complicity.

Why did B ask to tie himself up? Addendum: I believe that B has a previous obligation to keep the gun store, and when he is violated by a crime, not only does he not actively fulfill his duty of protection, but allows the other party to tie him up, which is a kind of connivance in the crime, which is a one-sided accomplice, and there is no need for the intention of joint crime.

In other words, his intention is the intention to condone the other party's crime. A one-sided accomplice can be considered an accomplice. Grade 8 2009-07-05 No prior conspiracy can constitute a joint crime, this sentence is: Yes.

A person who has not conspiracy in advance can constitute a joint crime, and this sentence is: Yes.

However, in this case, B's purpose is unclear. I don't know what he means, I don't think it constitutes an accomplice.

The purpose of the torture should be questioned, and then decided.

Legal Analysis: A joint crime cannot be constituted without prior conspiracy, and a joint crime refers to a joint intentional crime committed by two or more persons.

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

The absence of prior conspiracy does not constitute a joint crime. According to article 25 of the Criminal Law, 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.

The absence of prior conspiracy may also constitute a joint crime. Article 25 of the Criminal Law stipulates that "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. "It can be seen that joint crime refers to the joint intentional crime committed by two or more persons, and this intention can be achieved before the crime or in the course of the crime, so prior conspiracy is a form of joint crime, and the absence of conspiracy is also a form of joint crime.

It is also a joint crime of fraud without prior conspiracy.

The forms of joint crimes include joint crimes with prior conspiracy and joint crimes without prior conspiracy. "Joint crime without prior conspiracy" refers to a situation in which the joint offenders temporarily develop the intent to commit a joint crime when they start to commit a crime, such as committing a crime, or in the course of committing a crime. If, at the beginning of the commencement of the crime, a joint criminal intent is formed and the criminal act is jointly committed, each of the accomplices shall be held responsible for the joint criminal act and its consequences.

Joint crime without conspiracy.

Joint crimes without prior conspiracy, referred to as complicity in the matter, refers to the criminal intent of the joint offenders, formed at the time of initiation of the commission of the crime or in the course of committing the crime. For example, A robs B and fights, and A's friend C passes by. When A asks C for help, they jointly snatch some money and belongings from B.

In this case, the joint crime of A and C is a joint crime without prior conspiracy.

Is it considered a joint crime if there is a connection beforehand?

Prior contact does not necessarily establish an accomplice, and prior conspiracy constitutes a joint crime. Article 25 of the Criminal Law [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.

A joint crime without prior complicity.

Joint crimes without prior conspiracy, abbreviated as accomplices, refer to the criminal intent of the joint offenders, formed at the time of committing the crime or in the course of committing the crime. For example, A robs B and fights, and A's friend C passes by. When A asks C for help, they jointly snatch some money and belongings from B.

In this case, the joint crime of A and C is a joint crime without prior conspiracy.