Legal Analysis: Identification of Accessories:
First, in a prior conspiracy to commit an accomplice crime, the person who first proposes the intention to commit the crime is usually the principal offender, and then echoes and expresses his approval. The person is usually an accessory. However, this standard is not static. It only echoes the crime during the planning stage, and criminals who play a major role in the implementation of specific criminal acts are also principal offenders and do not constitute accessory offenders.
Second, in the conspiracy crime involving prior conspiracy, the person who plans and directs the criminal activity is usually the principal offender, and the person who passively accepts the task and obeys the command is usually the accessory.
Third, from the perspective of the frequency of participating in the same crime, those who have participated in the same crime many times or those who have participated in all the same crime activities are usually the principal culprits, while those who participated in the same crime for the first time Criminals who commit the same crime or participate less often than other criminals, and who only participate in part of the same crime are usually accessories.
Fourth, from the perspective of the intensity of participating in the same crime, the principal’s behavior is usually more intense, cruel, and skillful, while the accomplice’s behavior is usually less intense, or his skills are insufficient. skilled.
Fifth, from the perspective of the effect on the outcome of the crime, the principal offender usually has a greater effect on the outcome of the crime due to the intensity of his behavior or the proficiency of his skills, and he is the main original prisoner who caused the outcome of the crime; Committing a crime for the first time, with low intensity of behavior, or unskilled skills usually only play a small role in the outcome of the crime, or even play no role at all.
Legal basis: "Criminal Law of the People's Republic of China and the People's Republic of China"
Article 27 Anyone who plays a secondary or auxiliary role in the same crime is an accessory.
As for accomplices, the punishment should be lighter, reduced or exempted from punishment.
Article 177-1 Whoever interferes with the management of credit cards under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 10,000 yuan but not more than 100,000 yuan. ; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine of not less than 20,000 yuan but not more than 200,000 yuan:
(1) Holding a credit card knowing that it is a counterfeit Possessing and transporting blank credit cards, or knowingly holding and transporting blank credit cards in large quantities;
(2) Illegal possession of other people’s credit cards in large quantities;
(3) Using false identity certificates to fraudulently obtain credit cards;
(4) Selling, purchasing, or providing others with forged credit cards or using false identity certificates to fraudulently obtain credit cards.
Anyone who steals, bribes or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.
If a staff member of a bank or other financial institution takes advantage of his position to commit the crime in Paragraph 2, he shall be severely punished.