On the Types of Punishment of Section 2 of Article 29 of Criminal Law——The Advocation of the Theory of Correcting Independence
Since the theory of the double nature of abettor is flawed in logic,the type of punishment of Article 29,Section 2,which is limited based on the theory,will lead to unclear boundaries and unclear application.In order to carry out the concept of accomplice's subordination,the author tries to limit the punishable types of this article based on the theory of subordination,charge subordination and preparation subordination,but it is not worth advocating because the theory itself and the restricted punishable types have many problems.It should be based on the theory of abettor independence,but in order to respond to the criticism,it should be partially revised.From the viewpoint of revised independence,the types of punishment in this article should be redefined as two types:the instigated persons intention to convert and commit another crime does not coincide with the crime of instigation;the instigated person accepts the instigation of not performing any act.
the abettorpunishable typetheory of abettor independencetheory of joint crime dependencemodified independence theory
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