The Court of Final Appeal recently ruled that the "principle of joint criminality" does not apply to crimes of illegal assembly and riots.
The Secretary of Justice Zheng Ruohua published his blog this morning (7th), quoting the final court’s decision, stating that “participating” in riots and illegal assembly of cases has a broad meaning, and facilitating, assisting or encouraging others to commit prohibited acts can be regarded as " "Participation", the law does not require the prosecution to prove any additional common purpose for prosecution, and the "joint crime plan" does not require a basic form.
Zheng Ruohua stated in his blog that the sentence clearly stated that public order can be fully enforced on the basis of "criminal conduct" and "incomplete crime". Therefore, the mastermind responsible for remote monitoring and command, and the person who provided funds or materials for illegal assembly or riots , Dissemination of information through social media to encourage or promote illegal assembly or rioters, provide back-up for participants, such as collecting bricks or responsible for the wind, can be regarded as the principal offender for "participating".
She emphasized that even if she is not at the scene of the crime, she can still bear legal responsibility for instigating and facilitating the crime.
Zheng Ruohua also pointed out that if a group of people agreed to participate in the riot and intended to set up debris on the street to block traffic, he also learned that some of them would carry petrol bombs.
If this group of people continue to plan and someone uses petrol bombs to cause serious injuries, the principle of extended "joint crime" can be applied, and they will face more serious crimes.
Zheng Ruohua said that even if he is not at the scene of the crime, he can still bear legal responsibility because of counseling and facilitating the crime.
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