1. Identification of principals and accomplices of the same crime of rape: 1. A person who organizes and leads a criminal group to carry out criminal activities, or plays a major role in the same crime of rape, is the principal offender. 2. A person who plays a secondary or auxiliary role in a crime is an accessory. 3. A person who plays a major role in a crime is an instigator. He directly commits a criminal act during the crime, and his behavior is the main cause of the crime, or instigates or colludes with others in advance to make him have criminal intentions or make plans for the crime. Yes, he is an instigator. Playing a secondary or auxiliary role
2. Sentencing of the principal and accomplices: 1. Sentencing of the principal offender. According to the facts and circumstances of the crime, it should be classified into the statutory penalty range, and the principal offender's penalty type or term should be determined in accordance with the principle of consistency between guilt and punishment. It is not appropriate to impose a heavier punishment. 2. Sentencing of accomplices (1) An accessory should be given a lighter punishment, a reduced punishment or be exempted from punishment compared to the principal offender.
3. Procedural part: 1. If the crime does not fall into the same crime, even if there is some connection, such as the defendant is involved in several crimes of the same crime, or several defendants have no crime Collusion, but targeting the same object separately, should be dealt with separately.
2. If the case of a co-defendant has not yet been concluded and the fugitive co-defendant has been captured, the whole case shall be tried together.
3. When sentencing a defendant who is prosecuted later after the co-defendant has been sentenced, the sentence of the co-defendant should be used as an important reference standard to achieve a balanced sentencing.