摘要
共同正犯的犯罪未遂问题应根据“部分实行全部责任”的原则来判定,因而包括共同正犯的亲手犯在内均不存在部分正犯犯罪既遂、部分正犯犯罪未遂的现象。应从是否脱离了共同关系出发具体认定共同正犯的部分实行犯的犯罪中止行为。
As far as attempt of joint principal offenders＇ crime is concerned, it should be dealed with according to the principle of “partly action is responsible for the whole action”, all joint principal offenders should be responsible for the whole crime even though one of them have accomplished the crime. Thus, there not exists partly attempt and partly complete about violator personally. As to discontinuance of joint principal offenders＇ crime, it should be coped with in accordance with whether he has eliminated their influence from the other joint principal offenders.
出处
《河南公安高等专科学校学报》
2005年第6期23-25,共3页
Journal of Henan Public Security Academy
关键词
共同正犯
未遂
中止行为
Joint principal offender
Attempt of joint principal offenders＇ crime
Discontinuance of joint principal offenders＇ crime
