In a joint crime, both the principal and the accessory are jointly responsible for the amount of fraud, and then the benchmark punishment of each person is adjusted according to their role. However, according to the second paragraph of Article 27 of the Criminal Law, an accessory shall be given a lighter, mitigated or exempted punishment. An accessory may be given a lighter or mitigated punishment than a principal offender. As far as joint crime is concerned, the punishment for crimes other than joint crime cannot be the object of comparison. If the principal commits several crimes, he is an accessory to one crime, and the accessory can only be punished according to the same charges as the principal accomplice.

In the case that the principal is a recidivist, the accessory can only be punished by comparing the fact that he and the principal jointly participated in the crime with the punishment that the principal should receive. The facts of the crime committed by the principal alone and the punishment he should receive should be excluded from the comparison. For example, if the principal and the accessory jointly steal, and then the principal commits multiple thefts independently and continuously, the punishment that the accessory should receive for joint theft with the principal and the accessory should be compared.

legal ground

Article 27 of the Criminal Law of People's Republic of China (PRC) stipulates that those who play a secondary or auxiliary role in a joint crime are accomplices. An accessory shall be given a lighter, mitigated or exempted punishment.

Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; 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 shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.