On The Separation Of Abettor

The separation theory of accomplice is put forward mainly in order to solve the problem that part of the accomplice decided to withdraw from the joint crime relationship and implemented positive measures to prevent other accomplices from continuing to commit crimes,but other accomplices were still determined to commit crimes.In this case,how to imputable them? For a crime results in our practice of this kind of situation more,according to the principle of "part of full responsibility" for processing,for from the accomplice relations after other inmates of behavior and the consequences of any leavers also should bear criminal responsibility,for the detachment of implementing ACTS as a discretionary sentencing plot and most be considerations.However,this kind of punishment method does not conform to the principle of adapting the crime to punishment,and is not conducive to encouraging the joint criminals to quit the original joint crime relationship,and is not conducive to the general and special prevention functions of criminal law.The separation of abettor is one type of the separation of accomplice.Fagin from refers to the instigator after implementation of abetting,making complete before crime,instigator automatically withdraw instigated,and actively implement dissuade behavior,but one still crime,so as to achieve criminal with state or was forced to stop down,the instigator discontinuation of a crime cannot be considered but greater shall take into consideration the circumstances of sentencing plot.The abettor’s separation from the accomplice relationship can happen before and after the principal offender starts,but because of the particularity of the abettor,there is no possibility of the abettor’s separation after the crime result.The instigator’s separation should be based on his automatism,and he wants to give up the crime from the bottom of his heart,and clearly expresses his separation intention to other co-criminals,so that other co-criminals can realize or perceive his separation,but he does not need to get the consent of other co-criminals.If abettor is divorced,he should withdraw his previous intention of abetting and actively dissuade other co-criminals from continuing to commit crimes.Based on the causality severing theory and the objective attribution theory,it is believed that the abettor can cut off the psychological causality with other accomplices as long as he can reduce the risk created by his previous abettor behavior to the extent that he can prevent from belonging to the result of his previous participation behavior.As for the behavior carried out by other accomplices after the abettor secures,the abettor does not create or cause the risk prohibited by the law,so the abettor does not need to bear the responsibility for the behavior after the separation.As for the abettor’s responsibility for the act before the abettor’s secession,we should adopt the modified differentiation theory,and divide the abettor’s secession into two parts:before and after the principal offender’s secession.Before the principal criminal starts,the legal interest has not yet faced the urgent danger.At this time,the subjective malignancy and personal danger of the instigator are not big,so the instigator can be mitigated or exempted from punishment by comparison with the preparatory criminal.If the result of the crime does not occur,it may be considered to be exempted from punishment.After the principal criminal starts,the risk of legal interests being infringed greatly increases,but the subjective malignancy is lighter than the attempted crime because the instigator takes the initiative to break away from the joint crime relationship and implements the active dissuasion behavior.Therefore,when the principal offender commits an attempted crime,he may be given a mitigated punishment or be exempted from punishment by making reference to the provisions on the punishment of an attempted crime.If a principal criminal has accomplished his crime,he may be given a lighter or mitigated punishment in comparison with an attempted criminal.