On The Constitutive Requirements Of Discontinuance Of Accessory

Accessory and discontinuance of accessory are very important. They have abearing on many other matters such as the role of the offender in the crime, crime andnoncrime, the seriousness of this crime, bearing the criminal responsibility or not, thedegree of criminal responsibility, the correct execution of criminal law and thecompletion two major tasks of the criminal law to punish crime and protectionrechtsgut. Therefore, it is very necessary to study accessory and discontinuance ofaccessory and discontinuance of accessory. Accessory belongs to the category of jointoffense and discontinuance of accessory belongs to the category of discontinuance ofjoint offense.The criminal law of our country stipulates the discontinuance of crime,joint offense, principal, accessory, coerced accomplice, abettor, but does not provideaccessory and discontinuance of accessory. A few foreign penal codes provideaccessory and few foreign penal codes provide discontinuance of accessory. There arefew study on accessory and discontinuance of accessory at home and abroad.Accessory which has dependency nature is accomplice in narrow sense. Basedon corporate requirements of discontinuance of joint offense three establishingconditions of discontinuance of accessoryare temporality, automaticity andvalidity.The temporality of discontinuance of accessory begins with the preparatoryact of the perpetrator and ends with accomplished offense of theperpetrator.Automaticity means that accessory stop helping the perpetratorvoluntarily or withdraws the earlier offer of help; Validity means that accessory stopsthe perpetrator to reached accomplished offense.The study of establishing conditionsof discontinuance of accessory will help improve and perfect the theory ofdiscontinuance of joint offense and better serve the judicial practice.