General principles of our country criminal law set the 67th times respectively with the 68th confess one's crime and make contributions, top people court was made on this foundation " confess his crime about processing and make contributions is specific applied law the explanation of a certain number of problems " (the following abbreviation " confess his crime to explain with make contributions " ) . Accordingly, the surrender of accomplice and make contributions distinguish not hard commonly, but because be opposite,the surrender of collective crime and make contributions problem did not make specific provision, in causing judicatory to carry out, often distinguish hard quite the surrender that accomplice explains an accomplice and accomplice impeach, make contributions that exposes other crime, accomplice tells accomplice circumstance and the render meritorious service that help a judiciary capture an accomplice, be necessary to give to this discuss.

One, accomplice explains accomplice and problem of exposure other crime

Does accomplice tell accomplice and render meritorious service medium " exposure other criminality " how to distinguish? Perhaps say to expose an accomplice, it is accomplice person only confess one's crime establish a condition, be still in hold water confess one's crime while still make render meritorious service? To this, academia of our country criminal law ever had different knowledge: The first kind of viewpoint thinks, to collective crime case, do not ask collective crime person must explain the other crime that gives other accomplice person to be carried out alone, but participate in executive crime to involve the guilty fact of person of other and collective crime to oneself, must explain according to the facts, ability is pressed confess one's crime punish. Of course, if the criminal confesses his guilt according to the facts not only, and active still exposure, impeach gives other criminal (include accomplice) the crime that carries out alone is belonged to via check solid, can treat by make contributions. The 2nd kind of viewpoint thinks, whether be the same as case accomplice no matter, whether is the crime that should inspect its to expose mainly belonged to solid, if exposure is belonged to solid, even if accomplice, also can consider as make contributions expression. The 3rd kind of viewpoint thinks, the first member of guilty group commits a crime for narrating according to the facts the group is other the member's criminality, guilty group is first the prime culprit beyond the element, the criminality that joins the someone else that commits a crime with its for narrating according to the facts perhaps suffers the criminality of other of its organization, commanding, should not consider as make contributions. Because the criminality of these other is the component of prime culprit criminality, prime culprit offers the criminality that narrates these other according to the facts, it is to offer the criminality that narrates oneself according to the facts essentially. Because accessary criminal, be an accomplice under duress makes the criminality that carries out to oneself only assume corresponding criminal responsibility, they expose the criminality that is the same as the someone else in the case, check is belonged to solid, should consider as make contributions expression. Accordingly, expose the accomplice's criminality, want concrete analysis, unfavorable entirely considers as make contributions.
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