How to understand the relationship between joint crime and criminal composition

As with a separate crime, the establishment of a joint crime is still premised on the constituent nature of the crime, that is, "two or more persons" must be persons who meet the main elements of the crime; "Joint intent" must be intent that satisfies the subjective elements of the crime; The "joint act" must be an act that meets the objective elements of the crime. If one of them does not meet the constitutive elements, it is not a criminal act and there is no joint crime. "Therefore, there is no peculiarity in the sense of the necessary elements of the crime.

Its particularity is mainly manifested in the criminal intent of the various perpetrators and the 'commonality' of the criminal acts. "The difference between a joint crime and a separate crime is not in the composition of the crime, but in the difference in the facts of the conduct that meet the composition of the crime. In other words, there is no independent criminal composition of joint crimes.

For example, the criminal composition of the crime of intentional homicide, whether for a single crime or a joint crime, does not change as a legal provision. The difference is that in the case of a separate crime, it is the act of one person alone that meets the criminal composition of the crime of intentional homicide, and in the case of a joint crime, it is the joint intent and joint conduct of two or more persons that meets the criminal composition of the crime of intentional homicide. Therefore, it may not be advisable to hold that the elements and structure of the crime constituted by a joint crime are different from those constituted by ordinary crimes.

In fact, there are several different views on criminal law theory.

1. Joint criminality: Two or more persons can only commit a joint crime for the exact same crime (this obviously does not apply to the majority).

2. When two or more people commit different crimes at the same time, and the nature of the crimes overlapping, an accomplice is established within the limit of overlapping, and on the premise that an accomplice is established, there will be separate convictions.

3. The doctrine of joint conduct (the doctrine of common facts), joint crime means that the index person jointly commits an act that should be the constitutive element of the violation (not the former constituent element or the natural act of the former law) rather than committing a specific criminal act, and each committing its own crime also constitutes a joint principal offender, and as long as there is commonality in the elements of the act, a joint crime can be established, and it is not required to jointly commit a specific criminal act, in terms of "communication of intent". A joint crime can be established as long as there is a communication of intent to commit the act, and there is no requirement that the number of persons must have a joint intention to achieve the crime. (This suggests that you go to watch the patrol inspection team, and after watching this TV series, you will understand this anymore).

1. The concept of what constitutes a crime.

The concept of the composition of crime and the concept of crime are two concepts that are both related and distinct; Clarify the concept of what constitutes a crime in China's criminal law and what it contains.

2. Common elements of the crime.

According to the general theory of the composition of crimes in China, the crimes stipulated in China's criminal law must have four common elements: the object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime.

II. Classification of the Composition of Crimes.

According to the different nature and characteristics of the criminal composition, different standards are adopted to classify the forms of the criminal composition in different directions, that is, the basic criminal composition and the modified criminal composition; standard criminal composition and derived criminal composition; simple criminal composition and complex criminal composition; The composition of the crime described and the composition of the crime in the blank.

The composition of a joint crime should also meet the four elements of the composition of the crime.

The subjective element of joint crime refers to the fact that two or more perpetrators have the intent to commit a joint crime. The so-called joint criminal intent refers to the psychological attitude of each actor who, through criminal intent contact, clearly knows that committing a crime together with others will cause a harmful result, and hopes or allows such a harmful result to occur. Specifically, it includes the following aspects:

1 The specific form of guilt of the intentional committal. We know that criminal intent can be divided into direct intent and indirect intent. Therefore, joint criminal intent can also be divided into three specific combinations:

1) Contributory, direct, and intentional. That is, all the joint offenders are aware that the joint criminal act will have a certain harmful result that is harmful to society, and they all hope that such harmful result will occur.

2) Contributory indirect intent. That is, all the co-perpetrators are aware that the joint criminal act will have a certain harmful result that will harm society, but they all allow such harmful results to occur.

3) A combination of direct, intentional and indirect intentional. That is, some of the co-offenders are directly intentional and the other part of the co-offenders are indirect.

2 Cognitive factors of intent in joint crimes. The cognizant factor of intent to commit a joint crime includes the following two aspects:

1) Recognize that they do not commit crimes alone, but jointly with others.

2) They are not only aware that their own actions will lead to a certain harmful result, but also recognize that the actions of other co-perpetrators will lead to such harmful results.

3 The volitional element of the intent to commit a joint crime. The volitional element of joint criminal intent includes the following two aspects:

1) The perpetrator is determined to participate in the joint crime.

2) Not only hope or indulge in a certain harmful outcome that may result from one's own conduct, but also hope or indulge in the harmful outcome that may result from the joint criminal conduct of other co-offenders.

Extended Information: A criminal act is an act committed by a criminal that violates the relevant legal provisions and constitutes a crime. There are many types of crimes in the process of crime. Among them, joint crime is a relatively common form of crime.

Legal basis: Article 25, Paragraph 1 of the Criminal Law of the People's Republic of China stipulates that a joint crime refers to a joint intentional crime committed by two or more persons.

An accomplice is relative to a principal offender, who refers to a criminal who organizes or leads a criminal group to carry out criminal activities or who plays a major role in a joint crime. Those who play a secondary or auxiliary role in a joint crime are accomplices. Plays a secondary or auxiliary role, refers to:

1) Although the criminal act is directly committed, it does not play a significant role in the premeditation, execution, and completion of the crime as a whole; (2) Only to create facilitation conditions and provide assistance for the commission of joint crimes. Such as providing criminal tools, indicating criminal targets, removing obstacles to crime, watching the wind, transferring stolen goods, etc.

[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 group.

The ringleaders of the group that organized and led the crime of burning and colliding with each other are to be punished in accordance with all the crimes committed by the group.

Principal offenders other than those provided for in paragraph 3 of the first knowledge shall be punished in accordance with all crimes in which they participated, organized, or directed.

An accomplice is a criminal who organizes or leads a criminal group to carry out criminal activities or plays a major role in a joint crime. Those who play a secondary or auxiliary role in a joint crime are accomplices.

The law is based on the evidence: the Criminal Code

Article 27: [Accomplices] Those who play a secondary or auxiliary role in a joint crime are accomplices.

For accomplices, punishment shall be mitigated, commuted, or waived.