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To Proceed

Posted on:2015-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:H Y XuFull Text:PDF
GTID:2176330431969581Subject:Law
Abstract/Summary:PDF Full Text Request
Act to execute a crime is the beginning of act of crime preparing.It plays an important role of distinguishing between the attempted of crime and the preparation for crime. Initiate a crime is the basic element of the basic element of criminal attempt. Therefore, in modern judicial practice, to country which intends to punish criminal attempt, but not punish preparation of crime, Act to Execute a Crime is a boundary of distinguish crime and non crime. To country which punish between criminal attempt and preparation of crime.It is a boundary of distinguish criminal attempt and preparation of crime. But in identifying the form of acting to execute a crime, many countries have various types of theories.such as objective theory.subjective theory and compromise theory.Act to execute a crime has the feature of subjective and objective. In identifying act to execute a crime, we must take into account the criminal intent. Besides, the criminal act is in accordance with criminal law, and the criminal act can produce the infringement of legal interest urgent danger. To identifying specific danger, Danger is a consequential danger. Not the danger of the acting of suspects. Danger does not require happen immediately. But it does not mean the time of danger can prolong a lot. Danger is the infringement of legal interest urgent risk. There is no uniform standard in identifying act to execute a crime, so we should make a concrete analysis of each specific question.Act to execute a crime is the dividing line of the attempted of crime and the preparation for crime. So, we should strictly distinguish preparation and implementation of action. A burglary, indoor is the plot of forming the crime, therefore, indoor is the beginning of burglary. Enter room to rob, indoor is the aggravated circumstances of rob, so indoor is not the beginning of entering room to rob. Burglary and entering room to rob also include indoor action, but the time of acting to execute a crime is not different. Therefore, we should judge to the act to execute a crime according to the different crime. A single act of perpetrating, such as crime of intentional homicide, Multiple-act-crime, such as the crime of rape, therefore, in the judicial practice, we should identify the act to execute a crime according to the type of action of perpetrating.
Keywords/Search Tags:Act to execute a crime, Criminal attempt, Preparation for a crime
PDF Full Text Request
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