프랑스 형법상 공범의 유형과 처벌체계

If several people commit a crime, a review of an accomplice is necessary. The punishment for the accomplice is closely involved in the essence of the accomplice theory. In France, the accomplice is subordinated to a principal offender according to the theory borrowing the criminality(La théorie de l’emprunt de la criminalité). The former is penalized as the latter based on article 121-6 of French criminal law. The range of borrowing criminality is limited to objective circumstances. Article 121-7 defines the form of the accomplice as (1) the aid or assistance (L’aide ou l’assistance), (2) the instigation(La provocation), and (3) the instruction(La fourniture d’instructions). First of all, the aid or assistance is a form of an accessory. Unlike Korean law, this is punished as the principal offender. Concerning the instigation, it is also same as the first act, whereas French law punishes an indirect perpetrator as an abettor. Likewise, the instruction is considered as a form of the accessory. Moreover, the accomplice by omission or negligence is not penalized in principle, but there are some exceptions. At last, this research will take a comparative legal approach with Korean law.