| The joint principal offender of omission is a joint crime committed intentionally and by omission。The elements for the establishment of joint offence of omission are as follows:The precondition of the actor of omission is that he has a specific obligation to act,Subjectively,it has the intention of joint crime,Objectively,it is a fact that two or more persons jointly commit crimes by omission,There are three conditions for constituting joint principal offender of omission.As far as the scope of establishment of joint principal offender of omission is concerned,it can be divided into two parts according to the behavior constitution of joint principal offender of omission:There are two types of joint principal offender of omission,one is the unitary joint principal of omission and the other is the mixed joint principal of omission and omission。According to the classification of Omission offense crime in civil law system,it can be divided into two categories:real Omission offense joint principal offender and non-real Omission offense joint principal offender.The attempted form of joint principal offender of omission refers to the situation where the result of a crime does not occur for reasons other than will after the crime has been committed.Scope of establishment of joint principal offender of omission:As there is no attempted crime in the real omission crime,so there is no attempted crime in the joint principal offender of the real omission.Therefore,we should only discuss the completeness of a joint principal offender if he does not really act as a joint principal offender.There is no coexistence of attempt and accomplishment in the form of joint principal offender of omission,but the form of attempt and suspension can coexist.The suspension of joint principal offender of omission refers to the situation in which the crime has been committed but the completion of the crime is prevented on the basis of one’s own will.The suspension of joint principal offender of omission includes partial suspension and overall suspension.The establishment and suspension of joint principal offender of omission need to satisfy the following conditions:First,the joint principal offender of omission ceases to commit a crime.Second,the joint principal offender of omission fulfills the obligation of act.Third,effectively prevent the occurrence of criminal results.The establishment of joint principal offender of omission depends on different circumstances.Criminal liability of joint principal offender of omission in incomplete form:Establishment of Criminal Liability of Joint Principal Offender of omission Applicable to the Principle of Full Liability for Partial Acts and the Principle of Differential Treatment of Liability.The principal offenders of each omission should not only be responsible for their own actions and results,but also for the whole joint criminal act.Criminal liability for attempt and suspension of joint principal offender of omission,On the Basis of the Provisions on Suspension and Attempt in China’s Criminal Law,In the specific sentencing,it is determined by the role of the perpetrator in the criminal process of omission as a joint principal offender. |
