Critique of the Mode of Accomplice Liability for Aiding Cybercrime:Advocacy of a Separate Accountability Mode
The mode of accomplice liability grounded on extreme akzessorietat,limited akzessorietat and minimal akzessorietat essentially reflects a mode of joint and several liability.However,the joint and several liability is no longer realistic as the participation in cybercrime has changed from a single-center type to a multi-center type,with a more obvious phenomenon of alienation,resulting in the fact that accomplices cannot be subordinated to the principal offender.Therefore,we should advocate a separate accountability mode,admitting that online assistance constitutes a crime and has nothing to do with the recipients,and focus on the illegality of providing online assistance,the responsibility of the providers and the legal interests protected by the crimes of criminalization.The proposal of the separate accountability mode is grounded on criminal policy and substantive basis.The application of this mode will not cause the perpetrator who should be punished as an accomplice to escape punishment,nor will it indirectly expand the punishment limit of accomplice,nor will the concurrently applicable terms be a mere figurehead.
aiding cybercrimeaccomplice liability modeseparate liability modealienation of network accomplice
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