共犯脱离及其在刑事司法中的运用

Theory of Withdraw from Complicity and Its Application in the Criminal Justice

共犯脱离理论始于日本,在一些国家有不同程度的发展。它为共犯中想要放弃犯罪、又不能确保阻止犯罪结果发生的部分共犯行为人提供了减轻甚至免除处罚的出罪之口。在共犯脱离理论的不同学说中,因果关系切断说是最为合理的。在刑事司法的运用中,从共犯的不同阶段入手,讨论相应的脱离认定标准和处罚。

The theory of withdraw from complicity was originated from Japan, and gets some developments in other countries. The theory provides a guilt emergence functionfor the offenders who want to be apartfrom the accomplice, while does not make sure to stop the guilt. Through the different views, we could make a conclusion that the view of causal relationship is the most reasonable one. During the application of the criminal justice, we may start it from the different aspects, discuss the concerned standards and punishment.