Discontinuance Of Crime On The Dangerous Criminals

Though the criminal pattern established in the specific provisionsof criminal law by legislators, the theory of potential damage offence isvery complex. So far, the research for it is still relatively simple.Therefore, in this article the author tried to expound the discontinuationof the potential damage offence which regarded as the quandary in thefield of judicial practice. For example, after the occurrence of thestatutory dangerous state, the persons may voluntarily and effectivelyprevents the actual damage consequences of the crime from occurring.How to deal with the phenomenon in judicial practice? The answer tothis question is very important for criminals. The answer is different thefate of the criminal is different. That is why the author tried to expoundthe discontinuation of the potential damage offence in the paper.It is a general viewpoint in theory that potential damage offense is akind of accomplished offense. But, this viewpoint has been queried inrecent years. The author tried to criticize the grounds of the opinionswhich once queried the general point. The completion of a crime existsin the crimes of all the guilty minds, so the topic that the offenses in thespecific provisions of a crime can be re-established. The constitution ofa crime should be distinguished from the facts of the constitution of acrime, but the connection between them should not be separated. Thecondition of the completion of a crime belongs to constitutive elements.The completion of a crime exists in the potential damage offense whoseguilty mind is direct intention.The completion of a crime still exists in the potential damage offensewhose guilty mind is indirect intention or negligence. In such case, theinchoate crime does not exist. The criterion for the judgment of thecompletion of the potential damage offense should be whether thestatutory dangerous state has been caused the dangerous act.The preparatory act of the potential damage offense should not beregarded as a crime. The existence of attempted act of the potential damage offense should be recognized. The minimum statutory sentenceof most potential damage offenses stipulated in Chinese Criminal Codeis imprisonment of not less than 3 years, so their attempted act should bepunished in principle. As far as the potential damage offense whosemaximum statutory sentence is imprisonment of not more than 3 years isconcerned, the attempted act should not be punished. Thediscontinuation during the preparatory period should be decriminalized.In judicial practice, after the occurrence of the statutory dangerous state,the persons may voluntarily and effectively prevents the actual damageconsequences of the crime from occurring. As far as the determinationof the nature of this phenomenon is concerned, there exist three kinds ofdoctrines in theory, i.e. the completion of the potential damage offense,the discontinuation of the potential damage offense and thediscontinuation of the actual damage offense. The author maintains thatthe doctrine of the discontinuation of the actual damage offense shouldbe advocated.