单位共同犯罪探析

单位共同犯罪是指两个以上的单位与单位、单位与自然人共同故意犯罪。在单位构成单位故意犯 罪的前提下,单位内部成员之间不存在共同犯罪关系。单位内部的自然人如果没有利用单位内部成员的身份,而 是以独立的个人身份与单位实施共同故意犯罪的行为,且意图为自己谋取私利,可以成立单位共同犯罪。司法实 践中,要注意区分自然人共同犯罪和单位共同犯罪。可以参照自然人共同犯罪理论,对单位共同犯罪具体认定和 处罚中的一些问题进行解释。

A Study on Joint Crimes Committed By At Least One Unit

Joint crimes committed by at least one unit refers to intentional crimes committed by two or more units or unit and natural person jointly. If units commit intentional crimes, the relations of joint crimes do not exist in natural persons in units. The natural persons in the units commit joint crimes committed by at least one unit commit when they implement intentional crimes jointly with units as an independent person for his own interests. Joint crimes committed by natural person and joint crimes committed by at least one unit should be distinguished in the judicial practice. The theory of joint crimes committed by natural person may be applied in the explanation for a few problems of determining guilt and weighing the penalty in the joint crimes committed by at least one unit.