浅议共犯的脱离

A Brief Discussion on the Departure of Accomplice

我国刑法理论通说和司法实务都认为,对于脱离的共犯,按照犯罪既遂处理。但是该种理论的合理性是否正确,正受到越来越多的人质疑。笔者认为,有必要承认共犯脱离的合理性,并对其从轻处罚。

China＇s criminal law theory and judicial practice both deal with accomplice departure as complete crime. However, the rationality of the theory is questioned by more and more people. The writer believes that there is a need to reeognize its rationality and exert lighter sentence.