What are the categories of joint offenders and what criminal responsibility they bear?

1. Principal offender: The ringleader who organized or led the criminal group is to be punished in accordance with all the crimes committed by the group; The other principal offenders shall be punished in accordance with all the crimes in which they participated, or who organized or directed. 2. Accomplice:

Punishment shall be mitigated, commuted, or waived. 3. Accomplices: Punishment shall be reduced or waived in accordance with the circumstances of his crime.

4. Abettor: aIf the instigator commits the crime of being instigated, the instigator shall be punished in accordance with his role in the joint crime.

b.Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment. c.

The person who was instigated did not commit the crime of being instigated, and the punishment for the instigator may be mitigated or commuted.

Legal Analysis:1A person who does not have a specific status alone cannot constitute an identity quiver, but can constitute an accomplice to a status offender.

2.Where a person without a specific status commits a crime with a person with a specific status, the aggravating circumstances of the person with a specific identity are not to be applied to those who do not have a specific status. 3.

Where persons with specific identities each use their positions to facilitate the commission of a joint crime, the nature of the case is to be determined in the capacity of the principal offender.

Legal basis: Criminal 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 are to be punished separately according to the crimes they committed.

Classification of joint offenders: The main offender includes the principal offender, the accomplice, the coerced accessory, and the instigator. Ways to bear criminal responsibility:

The principal offender is to be punished in accordance with all the crimes in which he participated, or who organized or directed; Accomplices shall be given a mitigated or commuted punishment or be exempted from punishment; An accomplice to coercion shall have his punishment commuted or waived in accordance with the circumstances of his crime; The instigator shall be punished in accordance with his role in the joint crime.

Legal analysis

The principal offender is not only criminally responsible for the criminal acts he or she has directly committed, but also for all criminal acts committed by other members on the basis of the criminal plan of the group. The reason why the law provides for this is that the criminal activities of the ordinary members of the group are all specific criminal plans for the realization of the principal offender and are ordered and instructed by them. However, if a member commits an offence outside the scope of the group's criminal plan, the principal offender is not responsible for the excesses.

In a joint crime, an accomplice is instructed or arranged by the principal offender, and only plays a role in assisting the principal offender in completing the crime, but does not play a major or decisive role. Thus, accessory offenders exist both in criminal groups and gangs and in general joint crimes. Because the accessory does not play a major role in the joint crime, he should bear less criminal responsibility than the principal offender.

It is the coercion and accomplice who are coerced or tricked into participating in the joint crime, and there is an essential difference between the coercion and the accessory. The key is that the coercion or accessory is subjectively unwilling or not fully willing to participate in the criminal activity, and that the coercion or accessory to participate in some of the more minor criminal activities of the joint crime is the result of coercion or inducement of the principal or accomplice, and the role played in the specific crime is even smaller. On the other hand, an accomplice participates in a joint crime completely voluntarily, and its subjective malice is much greater than that of an accessory to coercion, and the role played by an accomplice in the joint crime is also greater than that of an accessory to coercion, and its harm is also more serious than that of an accessory to coercion.

Therefore, the penalties are different.

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 defense 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.

Article 28: Where a person is coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of the crime.