On Involved Offence

Crime is completed social phenomenon. In reality, the morphology of specific differ in thousands ways. Involved offence neither belongs to joint offence nor is individual crime, but the criminal morphology which has intimate connections with joint offence. Research on it is of great value to both criminal theory and juridical practice. Involved offence is the act to be punished, namely the person intentionally aids the other after he committed certain crime, knowing his criminal facts but without conspiracy with the offence. The counterpart he aids can be called original offence. The first part gives a detailed review of legislations in different states from ancient time to nowadays. The article makes comparisons between involved offence and assistance offence ,Begenungsdelikte ,implicate offence and associative offence. And it also explains the research value of involved offence. The second part of the article analyzes the constitution of involved offence in detail. It takes that involved offence has four characters:legality,independence and adherence,scienter and post factum, among which the second and the third character is the main problem. Although involved offence is derived from original offence, the independence aspect of involved offence should not be ignored. Based on the knowledge, the article makes in-depth discussion on establishment of original offence with the opinion of criminal establishment in fact and the opinion of criminal establishment in legal procedure. The opinion of criminal establishment in fact restricted by the opinion of criminal establishment in legal procedure should be the standard. About the problem of scienter, the article firstly defines the relations between scienter in pandect and scienter in specific provisions and its implications. It thinks that supposition should be highly emphasized in legal practice. When we use supposition in reality, we should pay attention to the science and rationality of the fact as the basis of supposition. In the following part it analyzes the standard of supposition judgement, and thinks that it should takes the knowledge of ordinary person as basis and is revised by special conditions of actors individual. The article also analyzes the forming time of scienter and how to differentiate scienter in involved offence from joint crime. On the basis of analysis of character of involved offence constitution, the article classifies involved offence into several categories from different angles and by different standards, which further deepens understanding of involved offence. Their exist many special problems in involved offence. Harbouring in relatives is relatives in certain range won't be punished or be mitigated when they harbour criminals. Harbouring in relatives is an important theoretic problem, which is not unique to China. In modern countries, including developed countries, harbouring in relatives is still stipulated in criminal law. It shows that harbouring in relatives has profound ethical foundation and theoretical foundation in criminal law, and should be adopted by our legislation. The involved offence is closely related with original offence, which decides that the judgement of the crime number of involved offence is...