Research On Certain Unaccomplished Offences Of Special Forms

Offences in special forms are defined by reference to the basic and complete offences. They differ from the basic crimes in the essential components, nature and structure, thus need to be addressed by a different set of rules. A research on the special forms of these offences helps to better understand various forms and characteristics of the components of the offences, to distinguish one offence from another, to ascertain the nature of the crime and give an appropriate sentence.An attempt at the offence (or unaccomplished offence) is one of the offences in special forms worth studying well. Considering the volume of this thesis, this thesis will express the author's view only on the three aspects of unaccomplished offence of amount, unaccomplished offence aggregated by the circumstances and unaccomplished offence aggregated by the result.Chapter 1 of this thesis discusses whether there exists the issue of unaccomplished offence of amount. This chapter starts with the concept and categorization of the unaccomplished offence of amount, introduces and analyses the disputes arising from the practice and theory of this offence, points out the different provisions for offence of amount triggered by result and offence of amount triggered by action, finally concludes that an unaccomplished offence of amount triggered by action does exist. This chapter also deals with the adjudication of the unaccomplished offence of amount triggered by action. It is submitted that the punishment of the unaccomplished offence of amount triggered by action should be limited to those aggregated by the amounts. Where there are concurrently the accomplished and unaccomplished offences of amount triggered by actions, the rule for calculating the years of imprisonment should be to add together the years for both accomplished and unaccomplished offences but reduce the total with leniency.Chapter 2 discusses whether there exists the issue of unaccomplished offence aggregated by the circumstances. This chapter starts with the concept and characteristics of the unaccomplished offence aggregated by the circumstances, introduces two different views on whether there exists an unaccomplished offence aggregated by the circumstances. It goes on with the possibility of the unaccomplished offence aggregated by the circumstances, different treatments of two types of unaccomplished offences aggregated by the circumstances. This chapter further confirms that the punishment of the unaccomplished offence aggregated by the circumstances is in line with the principle of measuring the punishment with the seriousness of the crime. In practice, the punishment of the unaccomplished offence aggregated by the circumstances has helped to alleviate the imbalance between the seriousness of the crime and the punishment. The denial of the existence of the unaccomplished offence aggregated by the circumstances is contrary to the basic social value and is difficult to be accepted by the public. This chapter concludes that the unaccomplished offence aggregated by the circumstances does exist.Chapter 3 discusses whether there exists the issue of unaccomplished offence aggregated by the result. This chapter starts with the concept and components of the unaccomplished offence aggregated by the circumstances. After an introduction of the dispute on the existence of the unaccomplished offence aggregated by the result and analysis of the theory of unaccomplished offence aggregated by the result, this chapter pointed out that there are two circumstances of the unaccomplished offence aggregated by the result: 1. unaccomplished basic offence aggregated by the result; 2. the basic offence is unaccomplished, the offender has the direct intention to have the result which would aggregate the crime, but the result does not happen.In my view, under the current legal framework, the acknowledgement of the existence of the unaccomplished offence of amount, the unaccomplished offence aggregated by the circumstances and the unaccomplished offence aggregated by the result are not only in the interest of implementing the principle of meting out punishment suitable for the crime, but also makes it easier for the public to accept the result of adjudication and helps to achieve a good legal and social effect.