共同正犯脱离的标准:基于“心理因果联系”的功能重析

The Standard of Withdrawal from the Joint Principal Offender:A Functional Reanalysis Based on“Psychological Causality”

共同正犯脱离的因果关系切断标准注重脱离前后的物理因果流程,但已造成的物理性因果在事实上常常难以改变,而其规范性修正与单独正犯中止的理论存在冲突。共同正犯的心理因果联系既实现结果归属,也为没有直接导致既遂结果的共同正犯奠定正犯责任,却不能成为认定共犯故意的充分根据。共同正犯的脱离,只要积极阻止行为能够切断脱离者与既遂结果之间的心理因果联系,不论先前行为残留的物理影响,最多只负帮助犯之责;如果因积极阻止行为或客观情势改变,脱离者对于其余共犯继续犯罪没有预见,即使事实上残留因果影响,亦无需对结果负责。

The causality cut-off standard for withdrawal from the joint principal offender focuses on the physical causality process,but the physical causality that has been caused is often difficult to change in fact,and its normative amendment is in conflict with the theory of the suspension of the individual principal offender.Although the psychological causality of the joint principal offenders not only realizes the attribution of the result,but also lays the foundation for principal criminal responsibility,it cannot be a sufficient basis for determining the intention of the crime.For the withdrawal from the joint principal offender,as long as active preventive behaviors can cut off the psychological causality between the withdrawer and the accomplished result,it will,regardless of the physical impact of the previous behavior,bear the responsibility of accomplice at most.If due to changes in active preventive efforts or objective situations,the withdrawer will not be responsible for the consequence resulting from his failure to foresee that the remaining accomplices continue to commit the crime,even if the causal influence remains.