The Establishment Conditions of the Separation of Accomplice

Abstract

: In the process of joint crime, some accomplices voluntarily give up their behavior and strive to prevent the occurrence of crime, but still fail to prevent the occurrence of results. The issue of accountability has always been a difficult issue in criminal theory and practice. In China's criminal law, there is no concept of separation of accomplice relationships. For the difficulties caused by such accomplice cases in judicial practice, in practice, it is usually regarded as a completed crime, and separation is only a case of discretionary sentencing. The acceptance of accomplices' disengagement from relationships is low. This approach clearly violates the principle of adapting crime, responsibility, and punishment in China, and there are also drawbacks to varying degrees. Therefore, this article introduces the theory of separation of accomplice relations. Based on the investigation of the separation of accomplices at home and abroad, it is believed that different accomplices have different requirements for separation from accomplices due to their different division of labor and stages in accomplices.