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共犯中止的通说对意图中止犯罪并为防止犯罪结果的发生而作出真挚努力的部分共犯,在犯罪结果最终发生时,以共犯的既遂论处。这既不符合常情、常理,又显失公正。笔者主张有必要在我国刑法理论中引入共犯脱离理论。
The accomplices who have been suspended say that part of the accomplice who made a sincere effort to stop the crime and to prevent the occurrence of the crime should be considered as accomplice upon the final outcome of the crime. This is neither consistent with common sense, common sense, but also obviously unfair. The author advocates that it is necessary to introduce the accomplice to break away from the theory in our country’s criminal law theory.