The so-called joint crime is actually a joint intentional crime committed by two or more people, and this knowledge point is generally examined in the form of case questions in the examination to determine which one of the certain situations belongs to the joint crime. Therefore, in order to accurately grasp the conditions for joint crimes, we can explain them from the following three conditions.
Subject requirements: The subject of a joint crime must be two or more natural persons or units that have reached the age of criminal responsibility and have the capacity for criminal responsibility. The subject of the crime requires that the age and mental state be up to standard, and it is especially easy to test the age problem. This must be grasped in conjunction with the main body of the crime, especially the age, people who have reached the age of 14 and under the age of 16 bear criminal responsibility for eight criminal acts, including arson, intentional homicide, rape, robbery, intentional injury causing serious injury and death, drug trafficking, explosions, and the release of dangerous substances. A specific examination may lead to the question of whether the following circumstances constitute a joint offence:
14-year-old Xiaoming and 17-year-old Xiaohua stole 5,000 yuan of property? Not constituted
14-year-old Xiaoming and 17-year-old Xiaohua robbed 5,000 yuan of property? constitute
Objective elements: The objective elements of a joint crime mean that each offender must have a common criminal act. The so-called joint criminal acts refer to the criminal acts of mutual relations and mutual cooperation committed by each offender in order to pursue the same harmful social results and complete the same crime.
Subjective elements: The subjective elements of joint crime mean that each joint offender must have a common intention to commit a crime. So what is common criminal intent: 1. Interesting contact between the perpetrators; 2. The scope of the meaning contact is consistent. Therefore, some situations will be ruled out, such as committing a crime at the same time is not a joint crime, A and B do not know each other, they both want to kill C, and they invariably shoot C at the same time, and C dies. The commission of an offence other than the common intent of the offence does not constitute a joint offence. A and B conspire to steal, B Wangfeng, A steals, A discovers that the owner of the house is an enemy and kills him. Then in the context of intentional homicide does not constitute a joint crime. Joint negligence does not constitute a joint offence. For example, A and B should foresee that there are people down the mountain and jointly push down the mountain with a stone and smash C to death. Two people together accidentally killed a person, there is no interest in contact.
【Test Drill】 A wanted to kill B, deliberately handed over the gun loaded with bullets to C, and deceived C into saying that it was an empty gun, and asked C to aim at B to intimidate B, and as a result, B was shot and killed. The following statements are correct ( )
A A and C are not joint offences
B A and C constitute a joint offence
C A C is based on the theory of common negligence
D C alone constitutes an offence
Answer: A. Analysis: Joint crimes are divided into two types: general accomplices and special accomplices, that is, criminal groups. General accomplices refer to a relatively fixed criminal organization formed by two or more people who jointly commit a crime, and three or more people who jointly commit a crime, which is a criminal group. The principal offender is the one who organizes or leads a criminal group to carry out criminal activities, or who plays a major role in a joint crime. The ringleaders who organize or lead a criminal group shall be punished according to all the crimes committed by the group. Principal offenders other than this shall be punished in accordance with all the crimes in which they participated, or who were organized or directed. Co-offenders are mainly divided into principal offenders, accessories and coercive accomplices. C is a criminal instrument in the process of indirect crime, A is an intentional homicide, and C does not constitute a crime. Therefore, the answer to this question is A.