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结果加重犯在刑法实务中屡见不鲜,在各国刑法中基本上都规定了对结果加重犯的处罚。但是对于结果加重犯中共犯的问题,许多国家的刑法并未作具体的规定,学者对该问题也各持己见,实务部门在具体处理案件的过程中亦是经常做出迥异的判决。本文试图从外国刑法理论的角度对结果加重犯中共犯的成立给出肯定的回答,以期对司法实践的开展有所助益。
As a result, aggravating offenders are not uncommon in the practice of criminal law. Penalties for aggravated offenses are basically stipulated in criminal law of all countries. However, the criminal law of many countries aggravates the issue of criminals who aggravate the result. Many scholars also hold their own views on this issue. The substantive departments often make very different judgments in the specific handling of cases. This paper attempts to give a positive answer from the perspective of foreign criminal law theory about the establishment of accomplice to those criminals who aggravate their crimes in the hope of helping the judicial practice.