Research On Attempted Crimes Of The Aggravated Consequential Offense

Whether attempted crimes of the aggravated consequential offense exists and which form of attempted crime exists is so complicated that there are very intensive theoretical disputes on it in Chinese and foreign criminal law academe. In order to analyze the attempted type of a crime exist or not, we should start with the structure of the crime itself, at the same time, combine with the theory of attempted criminals, then compare whether the crime is in conformity with the conditions that attempted type requires. If the answer is positive, the crime has attempted type, or else it doesn't has attempted type. In the consideration of this, the article goes from the concept, constitution characteristics of the aggravated consequential offense and the theory of attempted crime to illustrate the controversial subject.The article consists of three parts with exception of introduction and conclusion.The first part is concerned with the debate on aggravated consequential offense. Aggravated consequential offense is a special criminal pattern belongs to Roman law family, the discussion on whether it exists attempted type has been long. This part mainly summarize the different theories on it, including the main viewpoints and the author's understanding of it. Altogether, there are affirmation theory and denial theory. Today, the denial theory has been the opinions of generality. But in this paper, we approve that the aggravated consequential offense has attempted types, and research the view by four angels, namely the comparatively independent criminal constitution, the principle of suiting punishment to crime, the purpose of legislation and practice.The second part surveys on the interrelated theories about attempted criminals of aggravated consequential offense. It has two precondition theories, namely the basic theory of aggravated consequential offense and attempted crime. The former one mainly deals with whether a crime is aggravated consequential offense, and its internal structure character, the latter one is the common precondition for discussion the attempted types of a certain crime. With this view on mind, this part discusses the concept of aggravated consequential offense, the constitution characteristic of basic crime, the constitution characteristic of aggravated result, the concept and conditions of attempted crime and the scope of attempted crime.The concept of aggravated consequential offense. It is a criminal pattern in which constitutive act of a crime brings in extra aggravated results and severe penalty. The basic pattern is that, aggravated consequential offense is basic crime plus aggravated result plus severe penalty in law.The constitution characteristic of basic crime. It includes objective elements and subjective elements. From the objective aspect, the author puts forward ideas as follows: first, the basic crime must be crimes prescribed in a country's criminal law; second, it contains not only realistic outcome offense, but also danger offense and behavior offense; thirdly, it can be singly composes active and multiple compose active; fourthly, it includes complete active and attempted active; fifthly, it also can be nonfeasance. From the subjective aspect, this paper pose that it only can be intention.The constitution characteristic of aggravated result. This paper approve that the aggravated consequential offense has independent criminal constitution, aggravated result is not subject punishment condition, but is constitution element of the aggravated consequential offense , the victim may be different nature from the previous result and the aggravated result must be legal and precise. The author also pose that the subject aspect of aggravated result can be intention and negligence.The concept and condition of attempted crime. Attempted crime, refers to a matter of crime with the criminal act left unaccomplished due to accidental reasons. It has three conditions: put into practice, left unaccomplished, and accidental reasons.The existing scope of attempted crime. This paper considers that attempted crime only exists in direct intention crimes, however, there is no attempted crimes in negligence and indirect crimes.The third part makes detailed analysis on attempted crimes of aggravated consequential offense. The author divide the aggravated consequential offense into two parts: basis crime plus aggravated result with negligence and basic crime plus aggravated result with intention.Basic crime plus aggravated result with negligence. It include two cases, the aggravated result doesn't occur or the basic result doesn't occur, the author figure out that, whichever case there is no attempted crimes of aggravated consequential offense.Basic crime plus aggravated result with intention. It can be divided into three cases. The first is the aggravated result doesn't occur; the second is the basic result doesn't occur; the third is neither the basic result nor the aggravated result occurs. The second case doesn't exist attempted crimes of the aggravated consequential offense, while the first and third cases, if the basic crime is single active, there isn't attempted crime, if the basic crime is multiplex activity, and the subjective aspect of the aggravated result is direct intention, there exists attempted crimes of the aggravated consequential offense.Consequently, the author sum up with his own views, that is, attempted crimes of the aggravated consequential offense includes two cases:The first case is a aggravated consequential offense formed by multiplex activity, in which basic result occurs, but aggravated result doesn't occur, and the subjective aspect of the aggravated result is direct intention.The second case is a aggravated consequential offense formed by multiplex activity, in which neither the basic result nor the aggravated result occurs, and the subjective aspect of the aggravated result is direct intention.