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直接正犯与间接正犯是刑法中两个相对应的概念,直接正犯由本人亲自实施分则中构成要件的客观方面,而间接正犯是将他人作为工具利用,让他人实现犯罪的情形。事实上只有亲自实施的犯罪的人才能被作为正犯并进行正犯处罚,而间接正犯在这一点上与狭义的共犯即教唆犯、帮助犯具有类似的构造,尤其是在教唆犯的关心层面上,它都是属于诱导他人犯罪并且通过其他人实现的犯罪行为。本文主要是通过简介正犯何以作为正犯处罚的的层面上进行阐述,也就是即间接正犯的正犯性问题。
Direct offender and indirect offender are two corresponding concepts in criminal law. They are directly offenders who personally implement the objective aspects of the elements in the sub-rules. Indirect prisoners, on the other hand, use other people as tools and allow others to commit crimes. In fact, only criminals who commit crimes in person can be prosecuted as principal offenders and punish criminals. Indirect criminals, on the other hand, are complicit in the narrow sense of being abettors and assist criminals with similar structures, especially at the level of care of abettors. It all belongs to the criminal act of inducing others to commit crimes and to realizing them through others. This article mainly expounds the reasons why offenders are punishable as principal offenders, that is, the principal offender who is indirectly guilty of an offense.