摘要
连累犯是由本犯派生的犯罪,连累犯对本犯具有一定的依附性,但独立性是其本质属性。连累犯是否应以本犯成立犯罪为前提,需要针对连累犯类型的不同区别对待,总体上应建构以事实上本犯成立为根据、以法律上本犯成立为补充的判断标准。
Including the accumulative offense is by this commit derivation crime, has certain analysis including the accumulative offense to this commit, but the independence is its essential attribute. Including accumulative offense whether should take this commit establishment crime as the premise, needs to aim at continually the accumulative offense type different differential treatment, as a whole should construct take this commit establishment as acts according to fact, take the law in this commit establishment as the supplement judgment standard.
出处
《吉林公安高等专科学校学报》
2008年第2期80-82,共3页
Journal of Jilin Public Secunity Academy
关键词
连累犯
本犯
两重性
relative criminal
basic criminal
duality