揭发关联性犯罪的立功认定

On Meritoriousness for Disclosing the Related Crime

立功认定的实质标准,在于行为人所揭发的他人罪行是否超出了其自身所犯之罪的构成要件事实的范围。就揭发关联性犯罪的立功而言,在任意共犯中可基本排除认定,但在片面共犯以及毒品犯罪中仍有认定的可能;在必要共犯中,除了不处罚一方的对向犯(或者聚合犯)根本无认定立功的必要外,其它情况下也基本排除了认定的可能;至于连累犯,则基本上应当认定。

The substantial criterion of establishing meritoriousness is that whether the others＇ crime disclosed by the defendant is beyond the constitutional elements of crime committed by the defendant himself. As to the establishment of meritoriousness for disclosing the related crimes, in the random complicity except for the unilateral complicity and the drug-related crime, as well as in the necessary complicity except for the correspondence offense or aggregation offense for which meritoriousness is unnecessary, it ex- cludes the possibility, but it should be considered as meritoriousness in the incriminator.