Consequential Offense Theory And Practice

The article focuses on the aggravated consequential offence. Through studyingthe offence's concept, constitutive characters, essence, situation of attempt, distinctionwith other criminal shapes and criminal responsibilities, also combing with theCriminal Law and judicial practice of China, the author gives his opinion on someissues in theory and how to dispose of the aggravated consequential offence in legalpractice.The author believes the aggravated consequential offence is a behavior to finishthe special constitutive elements of intentional crime, while the aggravatedconsequence is beyond the basic constituting elements intentionally or negligently.For such offence, the Criminal Law regulates an aggravated punishment beyond themaximum prescribed. In today's Criminal Law of China, there are only 16 clausesand 17 crimes concerning the aggravated consequential offence, excluding thesituation that the basic crime is negligent, aggravated offense of illegal amount,aggravated offense by circumstances or offence "with severe or especially severeconsequence" regulated by law.As the aggravated constitutive element of basic crime, the aggravatedconsequential offence doesn't have the situation of attempt or accomplishment. Ifthe basic crime is joint crime, the plural negligently aggravated consequentialoffences may constitute joint crime, while the intentionally aggravated ones may bemore flexible. In legal practice, the aggravated consequential offence should bejudged accurately from its constitutive conditions.