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No. If the principal offender has not been brought into the case, but for a criminal suspect who has already been brought in, if there is already conclusive evidence proving that a crime has been constituted, the criminal suspect who has already been brought into the case may still be convicted and sentenced in advance. For criminal suspects who have not been brought in, the investigating organs should continue to arrest and bring them to justice.
If the evidence is insufficient and the period of arrest is complete, measures may also be taken against the criminal suspect who has already been brought into the case, such as residential surveillance or release on guarantee pending further investigation.
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If the main culprit can't be caught, other people will definitely be sentenced, as long as he is involved in this crime, he needs to be punished by the law, and it is only a matter of time before the main culprit is caught, and when he is caught, he will definitely be sentenced heavily, because this is equivalent to a fugitive. If any crime is committed, the public security organs will definitely investigate clearly. The principal offender should be an accomplice, but they play a different role in the crime, and each of them will be punished accordingly according to the severity of the crime.
Therefore, accomplices don't need to have a fluke mentality, and they can't let go of any of them.
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Depending on the size of the case, the case is usually closed after holding one or something, and the police don't have so much time. If it is a relatively serious case, it will definitely extort a confession, and the case will not be closed until it is fully grasped.
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1. How to sentence the principal offender for failing to catch the accomplice.
1. Under normal circumstances, it is necessary to wait for the principal offender to be brought into the case before sentencing. Only when the principal offender has escaped for more than a year and there is no way to apprehend him can the existing offender be tried and sentenced. Generally speaking, the punishment imposed on an accomplice cannot be heavier than that of the principal offender, but if the accomplice has other aggravating circumstances, then the criminal law imposed on the accessory will be heavier than that of the principal offender.
2. Legal provisions: Article 26 of the Criminal Law of the People's Republic of China.
Principal offender] 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.
Criminal group] A relatively fixed criminal organization formed by three or more people 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.
Accomplice] An accomplice who plays a secondary or auxiliary role in a joint crime.
For accomplices, punishment shall be mitigated, commuted, or waived.
II. Classification of Accomplices.
The classification of accomplices is as follows:
1. Criminals who play a secondary role in a joint crime, the so-called principal offender who plays a secondary role is relative to the principal offender who plays a major role, and although he directly participates in the commission of an act that constitutes an objective element of the crime, his role is still a secondary criminal when measured as a criminal who plays a secondary role. Plays a secondary role in a joint crime, directly participates in the commission of the criminal act, but plays a secondary role in the overall criminal activity. For example, in a criminal group, they are at the behest of the ringleaders and participate in certain criminal activities; or, in the case of a general joint crime, participated in the commission of a part of the criminal activity.
Generally, the principal offender who played a secondary role in the specific crime was relatively minor, the circumstances were not serious, and did not directly cause serious consequences;
2. The so-called helpers of criminals who play an auxiliary role in a joint crime are relative to the principal offenders. Playing an auxiliary role in joint crimes, facilitating the commission of joint crimes, creating favorable conditions, removing obstacles, and so forth, such as providing tools for committing crimes, spying on the whereabouts of victims, pointing out the location and route of crimes, making recommendations on the time and methods of committing crimes, and making prior promises to help harbor other joint criminals, as well as harboring or selling stolen goods.
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Legal Analysis: In one case, the principal offender is at large, and the accomplice voluntarily surrenders or the accomplice is arrested. In the case where the principal offender is not caught, in order to avoid the situation of holding the accomplice for a long time because the principal offender cannot be caught, the sentence will also be imposed on the crime committed by the accomplice, and in the case of distinguishing between the principal offender and the accomplice, the sentence can generally be imposed only after the principal offender has been brought into the case, and only if the principal offender has escaped for more than a year and has not been able to be apprehended, the existing offender can be tried and sentenced.
Legal basis: Criminal Law of the People's Republic of China
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 65: Criminals who have been sentenced to fixed-term imprisonment or higher who, after the completion of the sentence or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher within 5 years of completing the sentence or being pardoned, are recidivists and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.
Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are to turn themselves in. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
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1. All the cases have already involved the field of criminal cases, so go through the public prosecution procedure of investigation by the public security organs and prosecution by the procuratorate, if this is the case, you can only file a criminal incidental civil compensation with the court when the procuratorate files a lawsuit with the court, and seek financial compensation for your boyfriend's physical injury. Both the principal offender and the accessory are criminally responsible. However, since the circumstances of the accomplice's crime may be relatively minor, if he voluntarily admits his mistake and actively compensates you for your losses, the public security organs may not pursue his criminal legal responsibility.
Then you can file a civil lawsuit in court based on the harm you have done to you, sue him personally, and ask him to bear part of the liability.
At the same time, if the procuratorate does not initiate a public prosecution in the case, you can exercise the right of private prosecution. Prepare the evidence and go to the court to sue the two of them, but can only ask for financial compensation. If there is sufficient evidence, the court may render a default judgment in the absence of the principal offender.
Then enter the enforcement procedure, and if the other party's family (the other party is the main labor force of the family member and has its own income) is unwilling to compensate, it can also apply for enforcement.
These are all theoretical things. In reality, you have to pay attention to your own losses and the amount of energy you can expend. If the loss is not large, I suggest that it is better to negotiate compensation directly with the other party or the other party's family.
You have evidence in hand, and the other party has violated the criminal law, you can say this: after compensating for the necessary losses, forgive the other party, and you can write an agreement not to pursue it again. The other party will measure it themselves.
In fact, the purpose of the settlement of the case is financial compensation. What's the use of the other party's imprisonment and you can't get the money? Unless, of course, you want the other person to go to jail.
However, it is a matter of mist for the police to find people.
Legal basis: Interpretation of Several Issues Concerning the Criminal Procedure Law of the People's Republic of China (Fa Shi 1998 No. 23, Passed at the 989th Meeting of the Adjudication Committee of the Supreme People's Court on June 29, 1998) stipulates that private prosecution cases directly accepted by the people's courts include:
2) Minor criminal cases in which the People's Procuratorate has not initiated a public prosecution and the victim has evidence to prove it: 1. Cases of intentional injury (as provided for in the first paragraph of Criminal Law article 234); 2. Cases of illegal trespass into a dwelling (as provided for in Article 245 of the Criminal Law); 3. Cases of infringement of freedom of communication (as provided for in Article 252 of the Criminal Law); 4. Bigamy cases (as provided for in Article 258 of the Criminal Law); 5. Cases of abandonment (as provided for in article 261 of the Criminal Law); 6. Cases of production and sale of counterfeit and shoddy goods (as provided for in Section 1 of Chapter 3 of the Specific Provisions of the Criminal Law, except where social order and national interests are seriously endangered); 7. Cases of infringement of intellectual property rights (as provided for in Section 7 of Chapter 3 of the Specific Provisions of the Criminal Law, except for those that seriously endanger social order and national interests); 8. Cases that are provided for in Chapters 4 and 5 of the Criminal Law, and where the defendant might be sentenced to up to three years imprisonment.
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Accomplices can be caught.
Article 234 Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Mitigated punishment for accomplices.
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The two sides negotiated together, and it would be nice to give some money.
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In the case of distinguishing between the principal offender and the accessory, the sentence can generally be imposed only after the principal offender has been brought into custody, and only if the principal offender has escaped for more than one year and is unable to be apprehended, the existing offender can be tried and sentenced.
Generally speaking, the punishment given to an accomplice cannot be heavier than that of the principal offender, but if the accomplice has other aggravating circumstances, such as recidivism, or if the principal offender has mitigating or mitigating circumstances, such as confession and surrender, then the criminal law imposed on the accomplice will be heavier than that of the principal offender.
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If the facts are ascertained and the evidence is credible, even if the principal offender is at large, the accomplice can be punished. Otherwise, the accomplice may be released on bail pending trial when the period of detention expires, and the sentence will be re-imposed when the principal offender is caught.
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