Study on Establishment Conditions for Joint Omission Principal Offender from the Perspective of Conditional Affirmation Theory
Joint omission principal offender has the dual nature of being a principal and an accomplice.Its principal nature can only be obtained from the theory on omission while its accomplice nature can merely be obtained from the theory on joint crime.Under the framework of the conditional affirmation theory,the establishment conditions for joint omission principal offender mainly include the following three aspects.Firstly,the objective element is the fact that the joint omission behavior has contributed to the completion of an offense.When making objective attribution judgment,the assumed causal process is likely to be used to determine the attribution of the results of a specific case,and a review of the relevance of the illegality is carried out.Secondly,it requires an intentional joint offense with dual nature as the subjective element.When making subjective attribution judgments,we should take moral responsibility as the basis and normative responsibility theory as the framework to discuss the elements and structures of responsibility.Thirdly,the restriction conditions include the obligations of action with the characteristics of equality and mutuality,and the causality that infringement of legal interest is directly or jointly caused by each omission behavior.
omissionjoint principal offenderobligations of actioncausalitydie Lehre von der objektiven Zurechnung
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