Research On The Penalty Range Of Crime Preparation

Crime Preparation is the status of discontinuance of intentional crime during the course of crime preparation, due to reasons other than the will of the perpetrator, who was not able to implement the behavior of a intentional crime as a result. The concepts of Crime Preparation Status and The act of Crime Preparation and the Perpetrator of Crime Preparation have their respective meaning and should not be confused with each other. Crime Preparation acts are essentially harmful acts in the sense of its violation of criminal law. The penalty and degree of penalty could be judged based on it's criminal nature. Perpetrator of Crime Preparation is the kind of criminal who should be responsible for criminal charges in violation of Crime Preparation. The concept of the scope of punishment refers to what kind of Crime Preparation Status should be penalized by Criminal Law. In the history of criminal law theory, objectivism holds that Crime Preparation Status should not be punished, and subjectivism holds that all kinds of Crime Preparation Status should be punished, while eclecticism insists that some Crime Preparation Status should not be punished in the exception of some sever ones. There are now three ways to define the scope of punishment, namely, general code, specific code, or the combined use of general code and specific code. Appropriate penalty could be decided base on the analysis from three perspectives: the philosophy basis of free will, the logic basis of crime construction, the realistic basis of the damage of the crime to the society. The justice system of our country holds a objectivism view traditionally on the issue of scope of punishment of Crime Preparation, insists that all kinds of Crime Preparation Status should be punished;while there is no unified recognition in our judicial practices, which undermines the authority of dignity of modern criminal law. Therefore, while adhere to the penalty of Crime Preparation we should strictly limit the scope of its punishment. In accordance with the nature of crime, and follow the premise of the Criminal Code of Modesty from a criminal law function perspective, the scope of punishment of Crime Preparation should be limited on major crimes that seriously harm society (national) security and the safety of citizens of crime, while, in legislation process, general code and specific code shall be prescribed in combination and implemented appropriately.