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The Establishment Conditions of the Separation of Accomplice

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DOI: 10.23977/law.2023.020201 | Downloads: 13 | Views: 387

Author(s)

Liu Yiting 1

Affiliation(s)

1 School of Economics and Management, China University of Geosciences, Beijing, Beijing, China

Corresponding Author

Liu Yiting

ABSTRACT

In the process of joint crime, some accomplices voluntarily give up their behavior and strive to prevent the occurrence of crime, but still fail to prevent the occurrence of results. The issue of accountability has always been a difficult issue in criminal theory and practice. In China's criminal law, there is no concept of separation of accomplice relationships. For the difficulties caused by such accomplice cases in judicial practice, in practice, it is usually regarded as a completed crime, and separation is only a case of discretionary sentencing. The acceptance of accomplices' disengagement from relationships is low. This approach clearly violates the principle of adapting crime, responsibility, and punishment in China, and there are also drawbacks to varying degrees. Therefore, this article introduces the theory of separation of accomplice relations. Based on the investigation of the separation of accomplices at home and abroad, it is believed that different accomplices have different requirements for separation from accomplices due to their different division of labor and stages in accomplices. 

KEYWORDS

Joint crime, withdrawal from accomplice offense relationship, elements of establishment, localization identification

CITE THIS PAPER

Liu Yiting, The Establishment Conditions of the Separation of Accomplice. Science of Law Journal (2023) Vol. 2: 1-12. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020201.

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