I * * * Types of the same crime
1, arbitrary crime and necessary crime.
This is divided according to the number of people needed to constitute a public crime.
(a) Any * * *
The so-called arbitrary crime refers to a crime that can be committed by one person alone as stipulated in the specific provisions of the criminal law, and is intentionally committed by two or more people. Judging from the criminal law, most crimes have no limit on the number of subjects, so usually * * * accomplices are arbitrary, such as robbery, rape, murder, arson, throwing dangerous substances, kidnapping, fraud, theft, looting and other crimes. The so-called "arbitrary" means that the law has no special restrictions on the number of criminal subjects. That is to say, from the legal point of view, the subject of this crime is single or more than two, without special restrictions, and it is arbitrary or arbitrary.
(2) Necessary crime.
The so-called crime of necessity refers to a crime in which only two or more * * peers are the constitutive elements of the crime, that is, the subject of this crime must be more than two people, mainly including the crime of affray (such as the crime of disturbing social order in Article 290 of the Criminal Law and the crime of robbing a prison by gathering people in Article 3 17 of the Criminal Law). ) and group crime (such as criminal law)
In other words, the law stipulates that it is necessary for several people to commit the same crime. And this kind of regulation will only exist in the section, so the necessary crime is mainly the problem of the section, that is, the section has special requirements for the number of criminal subjects. In other words, the subject of this crime is "plural".
Necessary * * * with the crime, according to the provisions of the criminal law of our country, this * * * with the crime has the following three kinds:
(1) Opposing * * * accomplice crime refers to the crime constituted by the opposing actions of more than two people. In this kind of crime, without the behavior of the other party, the crime cannot be established. The characteristics of this joint crime are as follows: ① The crimes committed may be different (such as bribery and bribery). ) or the same (such as bigamy). (2) each commits its own criminal acts, such as bribery, that is, one gives and the other accepts. (3) The opposing behaviors of both sides are interdependent. For example, bribery can only happen if there are conditions for bribery. (4) If one party constitutes a crime, one party may not. For example, Party A, Party B and Party C each paid a bribe of 3,000 yuan to Ding, and Ding * * * took a bribe of 9,000 yuan. Party A, Party B and Party C do not constitute the crime of accepting bribes, while Dante does. Although this situation is still called necessary accomplice, the terminology is really worth studying.
(2) Aggregative * * * crime refers to the crime that takes most people's * * * companions as the constitutive elements of the crime and moves towards the same goal. Such as armed rebellion, riot crime, gathering people to disturb social order and so on. The characteristics of this kind of joint crime are as follows: first, there are many people; Second, the participants in the crime act in the same direction; Third, the degree and form of participation may be different, some participate in organization, planning or command, and some just participate in the implementation of criminal activities.
(3) Group crime refers to the crime of organizing, leading or participating in criminal groups. For example, "organizing and leading a terrorist organization" as stipulated in Article 120 and "organizing and leading an organization of a triad nature" as stipulated in Article 294 1 fall into this category. The necessary accomplice in a crime should be dealt with in accordance with the relevant provisions of the specific provisions of the criminal law, and it is not necessary to apply the provisions of the general provisions of the criminal law.
2, * * * committed in advance and * * * committed in the event (inherited * * * committed)
This is based on the time of conspiracy, that is, the time when * * * and the crime were deliberately formed. "In advance" here means before committing a crime. Before the implementation, planning to commit the same crime or constituting an intentional crime is a pre-crime; After committing a crime, the crime of * * * is intentional, and it is the crime of * * * (the crime of inheriting * * *).
If the antecedent commits some acts, and the subsequent actors participate in or provide help with the meaning of * * * accomplice, it is called * * * accomplice. The behavior after the actor's participation and the behavior before him constitute a crime. But they should also be responsible for the basic criminal acts before joining, and should not be responsible for the aggravated acts before joining. For example, Zhang San robbed B's property and violently injured B. At this time, Li Si arrived at the scene and knew that Zhang San was going to rob B's property. Li Si and Zhang San robbed B's property together. Although both Li Si and Zhang San are guilty of robbery, Li Si is not criminally responsible for serious injury to B, and only Zhang San is criminally responsible for serious injury to B..
Time of establishment of the crime of inheriting * * *: It must be before the crime is completed. Criminals who do not constitute inheritance after joining are crimes of harboring and sheltering. But multi-link crimes and serial crimes are exceptions.
3, simple * * * and complex * * *
This is classified according to whether criminals have a specific division of labor. Simple * * * offender, also known as * * * accomplice and * * * accomplice, refers to the behavior of two or more people who directly commit a specific crime. * * * Prisoners are criminals, and there is no problem of organizing crime, assisting crime or abetting crime. And complex * * * crime refers to * * * accomplice crime with division of labor between * * * and criminals. There are not only the perpetrators who directly commit the crime, but also the division of labor among the organizers, instigators and helpers.
4. General criminals and special criminals.
This is divided according to whether there is an organizational form. General * * * crime refers to * * * accomplice crime without special organizational form, which is temporarily combined by * * * criminals to commit a certain crime. Once the crime is completed, this combination will cease to exist. Special * * * criminals, also known as organized * * * accomplices and group * * * criminals, are generally called criminal groups, which are relatively fixed criminal organizations formed by three or more people who commit crimes together as stipulated in the second paragraph of Article 26 of the Criminal Law.
The above information is provided by lawyers from the Criminal Law Department of Sichuan Huyun Law Firm, which is a well-known law firm in Sichuan. Its office address is 20th floor, Hualian Donghuan Square, No.55 Jianshe Road, East Second Section of First Ring Road, Chengdu.