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On The Quantity Of Offences Of Joint Offender

Posted on:2007-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z LaiFull Text:PDF
GTID:2166360212477563Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Joint offender is secondary. It is subject to a principal in criminal constitution. Not considering the constitutive requirements that the act of the principal accords with, it is difficult to ascertain the imputation of the joint offender. Accordingly, the imputation of the joint offender should be consistent with the imputation of the principal in principle. Meanwhile, the joint offender come into existence in the overlapped field of two constitutive requirements, when the joint offender and the principal companying with inconsistent intentions implement the acts that accord with different constitutive requirements.Joint offender is also causal. Because the causality lies between the act fulfilled by the joint offender and the criminal consequence, the joint offender ought to assume the criminal liability. Accordingly, the joint offender assumes the criminal liability not owing to the principal's act but due to his act. The act of the joint offender is the standard that judges his quantity of offences.Concerning the standard judging the quantity of offences of the joint offender, there are principal standard theory, joint offender standard theory, intersected possibility theory, quasi nonfeasance crime theory, illegal content theory, mixed offend theory and so on. Then, the joint offender standard theory has weightily referenced value with regard to differentiating the quantity of offences in narrow sense with the quantity of offences in broad sense.The quantity of offences in narrow sense means that the joint offender constitutes the numbers of crimes on his own, or how many imputations the act fulfilled by the joint offender violates. According to criminal constitution standard theory judging the quantity of offences and the affiliation of the joint offender, the imputation of the joint offender should be consistent with the imputation of the principal in principle. But the joint offender doesn't assume the criminal liability, when his act is beyond the scope.The quantity of offences in broad sense means which relation should be among the plural imputations the joint offender violates, imaginative...
Keywords/Search Tags:Joint offender, Quantity of offences in narrow sense, Quantity of offences in broad sense
PDF Full Text Request
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