Determining the Disengagement of Accomplices in Telecom Network Fraud Crimes

Abstract

The incorporation the accomplice disengagement theory cases of cross-border telecom network fraud crimes is crucial for the objective and comprehensive assessment of the actions of accomplices who opt out of criminal activities midway. Nevertheless, the foundational theory of accomplice disengagement is still incomplete, leading to inconsistencies in the application of laws and disparities between the severity of sentencing and the leniency of conviction decisions in judicial practices. This study investigates this matter from a comparative legal standpoint, juxtaposing the key principles of civil law and common law jurisdictions with the theories on accomplice disengagement within China’s legal framework. Through this examination, the study the current approaches to addressing concerns related to accomplice disengagement. Subsequently, the discourse delves into defining concepts, elucidating principles, outlining fundamental elements, and deliberating on conviction and sentencing, with the objective of refining the processes for determining accomplice disengagement. The ultimate goal is to ensure fairness in disengagement determinations and to devise innovative strategies to crimes related to telecom network fraud.