重新檢視過失共同正犯之難題──以德國學說為討論中心

Re-examine the Problem of Negligent Accomplice—The Theories in Germany

In the Hermeneutics of criminal law, the discussion of fahrlässige Mittäterschaft (negligent accomplice), is undoubtedly a most confusing areas. It is not only related to our understanding of the basis for criminal law but also the recognition of the type of crime or not will seriously affecting his/her criminal responsibility. In the twenty-first century, resulting from negligence against several people has already become much more frequently than traditional society. How to properly deal with the perpetrators responsibility, has become a major problem of criminal law. This article will take place in the Germany’s case【Ledersprayfall 】as a starting point to further illustrate the causation problem of cooperative decisions; therefore, we will inevitably have to move the center of gravity to the (accomplice) fields. The article intends to reinspect the elements of (accomplice), and further put criticism on existing views. At the end of this article, the author will point out that (negligent accomplice)’s recognition is a solution to deal with some difficult cases.