Reflection and Reconstruction of the Theory of Attribution of Causal Relationship in Assisting Offenders——From the perspective of preventing causality of assisting crime of fraud
The theory of causal complicity in criminal law holds that the reason for punishing accomplices is that there is a causal relationship between the perpetrator's aiding behavior and the infringement of legal interests caused by the principal offender.There is a common problem in current criminal justice practice of neglecting the factors that hinder the causal relationship between accomplices,and there is a tendency towards"simplification"in the identification and punishment of accomplices.Reflection and reconstruction of the theory of attribution of causal relationships in helping offenders is a new requirement in the era of light crime governance.Taking the crime of fraud as an example,this paper proposes three situations:"indirect intent can generally block the causal relation-ship of aiding and abetting,detachment from behavior can block the causal relationship of aiding and abetting in in-dividual circumstances,and imaginative competition may block the causal relationship of aiding and abetting".All of them cannot be established as aiding and abetting the crime of fraud.This promotes the rationalization and balance of the determination of joint crimes of minor offenses,and plays a guiding role of criminal law theory in criminal justice practice.
accomplicecausalityreflectionreconstructioncrime of fraud
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