Criminal Justice Guide - Issue 27

Author: Zhang Zhongfang
Publisher:
Publish Date: 2006-09-01
Features: Judicial Determination of Co-offenders in Bribery Crimes, Relevant Laws and Interpretations by Zhang Mingkai
"
Article 25 of the Criminal Law of the People's Republic of China (Excerpt)
Common crime refers to the crime committed jointly by two or more persons with a common criminal intent. If two or more persons commit a crime jointly through negligence, it shall not be deemed as common crime; those who should bear criminal liability shall be punished separately according to the crimes they have committed.
Article 26
Those who organize, lead a criminal gang in committing crimes or play a leading role in common crime shall be deemed as principal offenders. A criminal gang is a group of three or more persons who form a relatively stable organization for jointly implementing crimes. The leading members who organize or lead a criminal gang shall be punished according to all the crimes committed by the gang. For principal offenders other than those specified in the third paragraph, they shall be punished according to all the crimes they have participated in or organized or directed.
Article 27
Those who play a secondary or auxiliary role in common crime shall be deemed as secondary offenders. For secondary offenders, they shall be given lighter, mitigated, or waived punishment.
Article 28
Those who participate in crimes under duress shall be given lighter or waived punishment according to their criminal circumstances.