Elementary Analysis of Some Issues about Crime of Joint Corruption
|School||Central South University|
|Keywords||Conspiracy of Joint Corruption Actual Effect Criminal Amount Consensus on illegal possession|
The Conspiracy of Joint Corruption is a criminal offence which indicates two or more than two subjects with certain status or the subject with certain status together with the subject without certain status take advantage of his position to facilitate the deliberation to reach the consensus,and implement the Convenience of Duty, stealing,embezzlement,fraud and other crime means to illegally possess public property. The executive conduct of Joint Crime is tenable and the subjects of Conspiracy can be identified as the joint principal offenders only when Conspiracy has the Actual Effect. However,The subject with certain status in Joint Corruption can be identify as the joint principal offenders when subject satisfies the condition of by using the Convenience of Duty in addition to the Actual Effect of Conspiracy. In the aspect of the determination of Criminal Amount,the Total Criminal Amount can be the fundament for determining whether or not the crime of each accomplice is tenable. The determination of punishment amount of the subject with certain status depends on total Criminal Amount of Joint Corruption by using Convenience of Duty,while the determination of punishment amount of the subject without certain status relies on the different roles and status of each accomplice in the crime of Joint Corruption. Although the parts of subjects who abscond with money do not participate in misappropriation,they can be identified as Joint Corruption because they achieve the consensus on illegal possession with the subjects of pre-misappropriation when they participate in absconding with money.