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Study On Post Factum

Posted on:2012-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:P C ZhangFull Text:PDF
GTID:2216330338969235Subject:Law
Abstract/Summary:PDF Full Text Request
Post factum means a new behavior happened after the earlier crime. It is have some relationship with the earlier crime, but isn't a part of it. What's more, the post factum will react on the punishment of the earlier crime. Post factum has three characters. The first, it happened after the earlier crime, and can take supplementary specification of the crime. We called it the character of continue. The second, it isn't a part of the earlier crime, so it has the character of relative independence. The third, it must have some relationship with the earlier crime, and can react on it. This is the character of relationship.Post factum has three pattern of manifestation. The first is action retrieval. The second is an action disclosed the criminal attitude. The third is supplementary action. Action retrieval reduce the harm caused by the earlier crime, because of the contrition, or do more action to break the law because of the crime results excepted. Action disclosed the criminal attitude must be written in the law. It has two cases. One is doing something to harm. The other one is refuse to do what need do. Action retrieval generally becomes a fact to affect the punishment of the earlier crime. Supplementary action can prove the purpose of the earlier crime, and then make the subjective attitude of the earlier crime changed. This will be cause the result of conviction changed.Post factum is similar to behavior don't need punishment happened after a crime, the crime happened after a lawful act, and the later act of which need more than two act to form a crime. Don't like the behavior that don't need punishment happened after a crime, post factum is independence, and it isn't a part of the first crime. Generally, the active behavior of remediation because of regret will be the post factum. But the more action to break the law because of the crime results excepted will be the post factum just because it is written in law. Otherwise it will be the behavior don't need punishment happened after a crime. The crime happened after a lawful act refer to a crime happened after a lawful act which was inducted by intentional offense happened after the lawful act. In fact, it just has one behavior, and the lawful act is the base of the crime. The later act of which need more than two act to form a crime is one part of a crime, it is a necessary impersonality constituent of a crime, but post factum.Post factum can affect the punishment of the earlier crime, because the post factum will prove the attitude of the earlier crime or can supply the subjective constituent of the earlier crime. The other, post factum can be the fact to measure punishment main depend on the attitude when a man break the law, and the behavior must be defined to be a measure punishment in the law. In this article, we analysed some cases, sum up the condition of supplementary action and the measure punishment depend on the post factum.
Keywords/Search Tags:post factum, conviction, measure punishment
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