A Study On Discontinuation Of A Completed Offence

According to behavioral developing stage, discontinuation of crime in article 24 of Chinese Penal Code can be divided into discontinuation on preparation, discontinuation of an uncompleted offence and discontinuation of a completed offence. Both discontinuation of an uncompleted offence and discontinuation of a completed offence happen when the conduct is beginning, but the former happens before completed and the latter happens when the conduct is completed. The more important is that the two are different in composition. The former only need voluntary abandon the conduct, but the latter need prevent the harm to happen. Analysing discontinuation of a completed offence's composition in depth can end the dispute on theory, offer the instruction for the judicial and suggestions in legislation.The article divides into three chapters. Chapter one describes its theoretical foundation of discontinuation of a completed offence. Judging whether the conduct is completed need the actor know the conduct's developing stage, so the subjective standard is appropriate. Various theories have certain convincingness and defects. No one theory can singularly explain why punishing discontinuation of crime lightly, so need synthesize various theories to explain it. Chapter two describes its composition. Before the actor abandons, he need know external things. So Judging whether the conduct is voluntarily abandoned, the subjective approach is right. In discontinuation of an uncompleted offence, the actor only need voluntarily abandon the conduct, so validity only exists in discontinuation of a completed offence. Chapter three describes discontinuation of a completed offence in judicial use. Concrete danger belongs to widely confined outcome, so discontinuation of a completed offence can exists in concrete danger crime. Quasi-discontinuation of crime is one type of the discontinuation of a completed offence...