Being Coerced into Committing Crime under the Bounding of"Volition Reins"
Due to the presence of"Volition Reins",the person who was coerced to participate in criminal activities engaged in criminal behavior involuntarily yet still causing harm or danger to legal interests.The application of criminal defence of duress is relatively limited in judicial practice in our country,usually resulting in conviction and punishment under Article 28 of Criminal Law of China for being an"Accomplice under Duress".Actions are manifestation of one's will after all rather than neutral objec-tive existence,and decisions made under free will directly affect the judgment of constitutive requirements,illegality,and culpa-bility.The main reasons for considering duress as grounds for exemption from criminal liability lie in the expression of one's will and the degree of suppression faced."Proportionality of Volition"becomes a decisive factor determining whether there is guilty and its severity.Engaging in crime under significant coercion that would make an ordinary person succumb could constitute being coerced to participate in crime,apart from crimes such as intentional homicide,serious bodily injury,robbery that seriously en-danger personal safety or public security,as well as crimes that seriously jeopardize national security.It is necessary to pay more attention to the position of criminal intent within the framework of criminal theory and its impact on the application of penalties,e-valuate"Intention against Law"using mens rea as main content and consider it as a major aspect when assessing recidivism risk and necessity for punishment,thus applying penalties more appropriately.
accomplice under duressmens reavolition reinssystem of criminal theory
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