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共犯是与单独犯相对应的概念。共同犯罪不一定要有相同的犯罪故意,根据部分犯罪共同说,在不同的犯罪构成要件之间,具有同样性质并且相互重合的情形也能成立共同犯罪。对于此类共同犯罪,因各被告人的犯罪故意不同,应当根据相应的犯罪构成确定具体的罪名,行为人应该只就自己实施的行为及其结果承担责任。在共同犯罪中,根据部分实行全部责任原则,应当根据各共犯的行为及其结果和在共同犯罪中的作用确定相应的刑事责任,确保罪责刑相适应。
Accomplices are concepts that correspond to solitary confrontation. The common crime does not have to have the same intention of crime. According to some crimes, it can be said that crimes of the same nature and overlapping with each other constitute the common crime. For such a common crime, because each defendant’s crimes are deliberately different, the specific charges should be determined according to the corresponding crime constitution, and the perpetrator should only be responsible for the acts and the results of their own actions. In the joint crime, according to the principle of partial responsibility for implementation, the corresponding criminal responsibility should be determined according to the behavior of each accomplice and its result and the role in joint crime, so as to ensure that crimes and punishments are compatible.