On one hand, by the Modified Provoking Theory, one of the theories witch is named Foundations of Punishment on Accomplices, and according to the substantial interpretation to accomplishment conduct, when the judicial officer participates a crime committed
On one hand, by the Modified Provoking Theory, one of the theories witch is named Foundations of Punishment on Accomplices, and according to the substantial interpretation to accomplishment conduct, when the judicial officer participates a crime committed
摘要根据共犯处罚的根据论中的修正惹起说，以及对实行行为的实质理解，在司法工作人员参与无身份者实施以司法工作人员身分作为构成要素的真正身份犯时，司法工作人员只能构成间接正犯，而不能构成教唆犯。