A Study On The Cognitive Error Of One-sided Accomplice

The one-sided accomplice cognition mistake is a kind of objective phenomenon which really exists,also is one kind of extremely complex phenomenon.In order to solve the problem of one-sided accomplice,the first step is to identify the nature of one-sided accomplice,that is,how to assign responsibility when one-sided accomplice appears.This paper holds that one-sided accomplice is a special form of joint crime,and the one-sided accomplice should be treated according to the principle and way of joint crime,the uninformed principal offender shall be dealt with according to the principle and mode of liability fixation of the individual offender.It should be noted that the"crime" in one-sided joint crime only refers to the crime in the sense of the level of lawlessness,while the crime in the full sense contains the two levels of lawlessness and responsibility that accord with the constitutive elements.Therefore,when the one-sided accomplice and the unknowing principal offender make mistakes in understanding in the course of committing the wrongful act,it may have an impact on whether their act is one-sided accomplice or not,that is,in the course of one-sided accomplice’s conduct,the appearance of cognitive error may lead to the failure of one-sided accomplice.The cognitive errors of one-sided accomplice include factual cognitive errors and legal cognitive errors.The mistakes in understanding the facts of one-sided accomplice also include the mistakes in objects,the mistakes in striking down and the internal mistakes in understanding of one-sided accomplice,that is,the one-sided accomplice is wrong about the intention of the crime and the one-sided accomplice is wrong about the crime.On the occasion of one-sided accomplice being unable to be established because of the wrong understanding of facts,the identification and punishment of the nature of the conduct of the two parties are based on the theory of legal coincidence in the theory of cognitive error,and the conduct of the two parties is treated as a separate crime,the nature of one-sided accomplice and unwitting principal offender and the cognizance of their criminal liability should be combined with the theory of legal coincidence in the theory of cognitive error,and they should be convicted and punished according to the different treatment of one-sided accomplice and unwitting principal offender.In the one-sided joint execution,whether the one-sided joint executor has the object error or the strike error in the same crime constitution,will directly lead to the behavior which it has committed can not be established the one-sided joint crime.When the one-sided co-perpetrator makes mistakes in the objects of different crime components,it has no effect on the one-sided co-perpetrator’s behavior,but when the one-sided co-perpetrator makes mistakes in striking different crime components,the act committed by him can not be regarded as one-sided joint crime.In the case of an object error or a strike error,the object error or strike error will not affect the one-sided co-perpetrator’s behavior to form one-sided accomplice.When the one-sided co-executor mistakes the criminal intention of the unwitting principal offender,it does not affect the one-sided co-executor to form one-sided accomplice.However,the uninformed principal offender’s wrong understanding of the facts of the crime will not affect the establishment of one-sided accomplice,but may cause the uninformed principal offender to change his intention of the crime,will have an impact on the unwitting principal offender’s own nature of conduct and criminal responsibility.In the one-sided help,when the one-sided help appears the object mistake in the same crime constitution,will affect the one-sided joint crime establishment.When an unwittingprincipal offender makes an object mistake in the same crime,it does not affect the establishment of one-sided joint crime.When the one-sided helper or the unknowing principal offender appears the object error between the different crime constitution,does not affect the one-sided helper’s establishment.When the one-sided helper makes the mistake of striking,it will affect the establishment of the one-sided helper,but when the one-sided helper makes the mistake of striking,it has no influence on the one-sided helper’s helping behavior.In the cognitive error of one-sided help,whether there is the cognitive error of one-sided help to the criminal intention of the one-sided help or the cognitive error to the criminal facts of the one-sided help,it does not affect the establishment of the one-sided accessory offender,nor does it affect the identification of the nature of the act of the uninformed principal offender and the assumption of criminal responsibility.In one-sided abetment,whether there is an object error or a strike error,it does not affect the establishment of one-sided accomplice.In the cognition error of one-sided instigation,one-sided instigator either does not constitute a crime or sets up an accomplice when one-sided instigator is wrong about the criminal intention of the unwitting principal offender.When an unwitting principal offender modifies his criminal intent and misunderstands it,the one-sided instigator either establishes the accomplishment of a misdemeanor within the substantive coincidence of the crime instigated by him and the crime committed by the unwitting principal offender,or not liable for anything more than aiding and abetting.When there is a mistake of legal cognition in one-sided accomplice,either the behavior of the two parties can not be considered as a criminal act or the one-sided accomplice can not be established because of the mistake of legal cognition,either in the understanding of the possibility of illegality,the acts of both sides are still considered as one-sided accomplice,according to their acts according to the provisions of the law to make the corresponding punishment.