In the case of jointly committing criminal acts,judicial practice often applies the theory of"partial responsibility for all acts"to sentencing and punishment in accordance with Article 26 of"The Criminal Law".However,in reality,there is little separation and distinction between whether there is an indirect principal offender in a joint crime,resulting in situations where the judgment of crime,responsibility,and punishment is not appropriate.According to the theory of indirect principal offender in criminal law,in the case of joint participation between the user and the exploited,if the exploited uses the wrong understanding of the user to complete the constitutive behavior,and the user has a factual understanding error,the user should be recognized as an indirect principal offender.
关键词
共同犯罪/部分行为全部责任/事实认识错误/间接正犯
Key words
joint crime/partial behavior and full responsibility/wrong understanding of facts/indirect principal offender
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