Act To Execute A Crime In Intentional Crime

"Act to Execute a Crime" as an element of the attempt of crime is the distinction between the attempted of crime and the preparation for crime. Particularly, it's very significant in the modern criminal legislation and judicial practice. For the country that punish the attempt of crime rather than punishing the preparation for crime, whether "Act to Execute a Crime" or not, it is the demarcations between crime and non-crime. But for the country that both punish the attempt of crime and the preparation for crime, whether "Act to Execute a Crime" or not simply means the difference at severity of penalties. Now there are various views of identifying "Act to Execute a Crime" in academia, so we should research it deeply. This article made a round and systematical discussion of it in four aspects:the general inspection, the disputed views, the identity in practice and the special types of it.The thesis is comprised of four parts except for introduction and conclusion.Chapter One::The general inspection of "Act to Execute a Crime". Firstly, introducing the concept of "act to execute a crime", including the concept of "Act of Perpetrating ", the concept of "Act to Execute a Crime" and the location of "act to execute a crime". Then discussing the natures, the characteristics and the significance of the "Act to Execute a Crime".Chapter Two::Theoretical disputes and Analysis. On the basis of listing theoretical disputes and analyzing the pros and cons, I think we must insist on three principles when identifying "act to execute a crime".Chapter There::The identity in practice. In this part, I advise we should think of many factors in identifying the "act to execute a crime". For example, the types of the perpetrating act, the act of crime in law, the difference between perpetrating and preparation, the criminal intent and the object of crime. Otherwise, time, place and the instrument which be used in criminal act.Chapter Four:The special types. This part mainly discussed indirect Perpetrator, Omissions, Actio libera in cause, Co-Perpetrator and other special types of acts. Based on introducing the theoretical disputes of Act to Execute a Crime in these special criminal acts, I put forward my opinion when is Act to Execute a Crime in these special criminal acts.