Factual Errors In The Criminal Law

The theory of factual mistake holds a very important position in the criminal theory continuously. Determining the nature of a criminal offence demands the unification of subjective aspects of crime and objective aspects of crime. But practically the disagreements between those two aspects happen commonly. Therefore, the theory of factual mistake plays a decisive role in determining the criminal responsibility where the factual mistake happens. In view of the significance and dispute of the theory of factual mistake, the author tries to expound some fundamental concepts and theories and makes detailed discussions about the criminal responsibility in the theory of factual mistake.This thesis includes three parts with 30,000 words approximately.Part Ⅰ: The overview of factual mistake.In this part, first, the author discusses the classification which puts the mistake into factual mistake and legal mistake, introduces the origin of the classification and proves its rationality. The classification is not only in accord with the criminal legislation and judicial definition and the theory of the constitution of crime, but also defines more clearly the object of mistake which is the natural nature or the legal nature of behavior. So the author follows the classification and establishes a foundation for the following discussion. Secondly, the author makes a definition of the factual mistake. After analyzing some different definitions, the author draws a conclusion that the factual mistake is the disagreement of subjective recognition and objective facts relevant to the behavior. Lastly, the author lists the classifications of factual mistake. Because of the difference of system of criminal theory, there are so many different classifications of factual mistake. By analyzing some different classifications, the author offers a rational classification on the basis of common criminal theory.Part Ⅱ: The exploration of the theory of factual mistake.In this part, first, the author makes clear the scope of factual mistake theory. In traditional theory, the theory of factual mistake is included in the theory of intentional offence. The author disagrees with the opinion. The purpose of theresearch on the theory of factual mistake is to determine the criminal responsibility where the factual mistake happens. Obviously, the theory of factual mistake surpasses the scope of the theory of intentional offence. And then the author thinks that the theory of factual mistake includes two levels: the first level is relevant to the fault and the second is relevant to the convict. Secondly, the author expounds the position of factual mistake in criminal theory. Thirdly, the article discusses the relationship between the factual mistake and the fault. Lastly, the author expounds the criminal responsibility in factual mistake and offers a principal that is the unification between subjective aspects of crime and objective aspects of crime on the basis of constitution of crime.Part III: The analysis of criminal responsibility in specific factual mistake.This is the key point of the whole article. In this part, the author classifies the factual mistake into subject mistake, object mistake, objective aspects mistake and the mistake of the nature of behavior and gives a detailed statements on those mistakes.