Basis of Classifying Ringleader in a Crime Syndicate as Principal

Yuan Guohe

Abstract: Ringleaders, who organize or lead crime syndicates, are key figures in setting goals and maintaining the existence of criminal syndicates, therefore they are generally proposers of criminal wills with contributions of strongly subjective wrongfulness. In view of the large amount of members in a crime syndicate and substitutability of crime executant, as a result, ringleaders of crime syndicates may largely ensure the realization of established criminal goals, which shall be deemed as having great contribution to behavioral illegality. Effective organizing, planning or commanding can push in a more forceful way to achieve goals, while useless organizing, planning or commanding may hinder realization of established goals; hence, ringleaders' contribution of consequent illegality shall be subject to concrete crime. However, in consideration of the general preventative necessity of ringleaders, the Criminal Law recognizes the ringleader as a principal without exception.

Keywords: Criterion for Judgement of a Principal; Decision for a Constitutive Perpetration; Implement of a Constitutive Perpetration; Constitutive Consequence; General Preventative Necessity