Accomplished And Commit Aggravated Attempted

Since judicial practice has ambiguous understanding on whether aggravated offense by circumstances has criminal attempt and if it does,how to determine,this paper,on the basis of aggravated offense theory,crime constituent theory and accomplished offense theory and in combination of the cases in judicial practice,makes analysis,hoping to offer reference for adequate determination of aggravated offense by circumstances in judicial practice.This paper begins with aggravated offense theory and relevant connotations of circumstances in criminal law,defining aggravated offense by circumstances as follows:aggravated offense is applied to the criminal pattem,on the condition of unchanging the constituents of basic crimes,with some serious circumstances,and clears its relationship with aggravated consequential offense from the origin of aggravated offense by circumstances,laying a foundation for adequate determination of aggravated offense by circumstances.Then,this paper holds that aggravated offense by circumstances is composed of essential offense and aggravated circumstance,among which aggravated circumstance includes amount element, site element,object element and means element,offering an angle for analysis of whether aggravated offense by circumstances has criminal attempt or not.Next,this paper,taking a case of amo.unt aggravated offense as example and in combining relevant theories,holds that aggravated offense by circumstances has the division between accomplished offense and criminal attempt.And next,this paper,from different combinations of respective accomplished offense and criminal attempt of essential offenses and aggravated circumstances, analyzes how to determine criminal attempt of aggravated offense by circumstances,that is, accomplished offense of essential offense and aggravated circumstance,criminal attempt of essential offense and accomplished offense of aggravated offense should be found as criminal offense of aggravated offense by circumstances.In a word,accomplished offense or criminal attempt of aggravated offense by circumstances depends on whether aggravated circumstance of essential offense is complete or not in the constituents.Finally,this paper,from the perspective of value,puts forward expectations to judicial practice,hoping to have this paper recognized and if there is any improper,please make a comment.