Criminal Justice Guide (Issue No. 27)

Author: Zhang Zhongfang, Editor-in-Chief
Publisher:
Publish Date: 2006-09-01
Features: Judicial Determination of Co-offenders in Bribery Crimes, Relevant Laws and Interpretations by Zhang Mingkai
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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 (intention). If two or more persons commit a crime jointly through negligence, it shall not be deemed as common crime; those who should bear criminal responsibility shall be punished separately according to the crimes they have committed.
Article 26
Those who organize, lead a criminal gang to engage in criminal activities or play a leading role in common crime are the principal offenders. A criminal gang is a group of three or more persons who form a relatively stable organization for jointly implementing a crime. The principal offenders who organize or lead the criminal gang shall be punished according to all the crimes committed by the gang. For principal offenders other than those specified in Paragraph 3, they shall be punished according to all the crimes they have participated in or organized or directed.
Article 27
Those who play a minor or auxiliary role in common crime are accessories. For accessories, mitigation of punishment, reduction of punishment, or exemption from punishment shall be applied.
Article 28
Those who participate in a crime under duress shall have their punishment mitigated or exempted according to their criminal circumstances.
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