Under what legal circumstances is an accomplice?

We can't generalize, we should analyze the specific situation. * * * The same crimes are classified as follows:

1. Division of labor classification: that is, classification according to the division of labor or behavior of prisoners with the same crime. Divided into: (1) principal offender (2) instigator (3) helper offender (4) organized offender.

2. Role classification: that is, according to the role of prisoners in the same crime. Divided into: (1) principal (2) accessory (3) coerced accessory.

Except the principal offender and the principal offender, they can all be called accomplices. There is also the act of helping afterwards without complicity beforehand, which mainly refers to the act of harboring, shielding, harboring and selling stolen goods afterwards, and is also an accomplice!

Second, accessory and criminal responsibility.

According to Article 27 1 of the Criminal Law, an accomplice plays a secondary or auxiliary role in the same crime. There are two kinds of accomplices: first, criminals who play a secondary role in joint crimes, that is, criminals who play a secondary role in the formation, implementation and completion of joint crimes; Second, criminals who play an auxiliary role in * * * joint crimes, that is, criminals who provide favorable conditions for * * * joint crimes, usually refer to aiding criminals. Accessory is relative to principal offender. The principal offender is the core figure among the accomplices. Without the principal offender, it is impossible to form an accomplice. In the * * * accomplice crime, only the principal (at least two people) have no accomplices, but it is impossible to have only accomplices without the principal. An accessory should also bear criminal responsibility for all the crimes he participated in, but according to the provisions of the second paragraph of Article 27 of the Criminal Law, he should be given a lighter, mitigated or exempted punishment.

Third, coerced accomplice and its criminal responsibility.

According to Article 28 of the Criminal Law, a coerced accomplice refers to a person who is coerced to participate in a crime, that is, a person who is not completely willing to participate in a joint crime under the threat of others and plays a secondary role in a joint crime. If the perpetrator participated in the accomplice at first because of coercion, and later changed, he took the initiative to commit crimes and played a major role in the accomplice, he should not be considered as an accomplice under coercion. Because the coerced accomplice is a kind of * * * crime, which has criminal intent and criminal behavior, the coerced accomplice is not established when the actor is completely forced physically, completely loses his freedom of will, and meets the conditions of emergency avoidance. For the coerced person, the punishment shall be mitigated or exempted according to the circumstances of the crime.