On Accomplice and Status in the Criminal Law
Sang Ci-you
Abstract
Sang Ci-you
Abstract
There is no specific definition of status in the general provision of the Criminal Law. There is no consensus on it. However, the relationship between accomplice and status makes things more complicated. By interpreting the concept of accomplice and status, this paper analyzes the essence of status criminal. On the problem of accomplices and status, the theory of violating legal interests should be adopted in conviction. To resolve the status and non-status joint crime, the behavior theory should be the main standard of measurement, and the principle of interest measurement, the secondary. When the status helps or abets the non-status to commit a standard status offense, the fact that the general provision of the Criminal Law of our country treats status as a specific element of crime should be paid attention to. The status should be treated as an indirect principal offender; the non-status, an innocent.
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There is no specific definition of status in the general provision of the Criminal Law. There is no consensus on it. However, the relationship between accomplice and status makes things more complicated. By interpreting the concept of accomplice and status, this paper analyzes the essence of status criminal. On the problem of accomplices and status, the theory of violating legal interests should be adopted in conviction. To resolve the status and non-status joint crime, the behavior theory should be the main standard of measurement, and the principle of interest measurement, the secondary. When the status helps or abets the non-status to commit a standard status offense, the fact that the general provision of the Criminal Law of our country treats status as a specific element of crime should be paid attention to. The status should be treated as an indirect principal offender; the non-status, an innocent.
Key concepts: Conviction, Legal status, Commit, Element (criminal law), Principal (computer security), Criminal law, Law, Criminology