@article{oai:air.repo.nii.ac.jp:00001112, author = {西台, 満 and NISHIDAI, Michiru}, journal = {秋田大学教育学部研究紀要 人文科学・社会科学, Memoirs of College of Education, Akita University. The humanities & the social sciences}, month = {Feb}, note = {ACCOMPLICE WITHOUT THE QUALIFICATION - an essay on the basis of Subjectivism- It has been said that there is an inconsistency in Criminal Code Art. 65. Because Clause 1 of it prescribes that an accomplice without the qualification should be punished in the same way as the principal offender, while according to Clause 2, the accomplice should be imposed a lighter penalty than the principal. I insist that this apparent inconsistency can be explained only on the basis of Subjectivism, which attaches more importance to mens rea (guilty mind) than the external form that the accused actually committed actus reus (wrongful deed) or not.}, pages = {1--16}, title = {共犯と身分 - 共犯論における主観主義の展開を通じて -}, volume = {42}, year = {1991} }