Selected Papers of The Jurist (法学家), Volume 3
Renmin Chinese Law Review: Selected Papers of The Jurist
Edited by Jichun Shi
Chapter 7: Research on criminal omission in joint offenses
Whether one who commits a criminal omission constitutes a principal offender or a participant in complicity in a crime should not follow the rules of commission, because there are basic constructive differences between omission and perpetration. One who merely omits can only be taken as principal when their constructive requirements have the same value. The equal value of omission and principal offender cannot be determined by traditional theories of causal relationship or by the formal theory of guarantor. It can be determined by the substantive theory of guarantor, which has two criteria: one is the dominance of criminal fact, and the other as a supplementary standard is a guarantor’s functional duty. The criterion of criminal omission as a principal must be based on the two standards.
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