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Judicial Determination, The Crime Of Intentional Injury

Posted on:2012-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiuFull Text:PDF
GTID:2216330371453941Subject:Law
Abstract/Summary:PDF Full Text Request
Intentionally injury offence is common in criminal justice practice, injury case occupies a very great comparison of the criminal case every year, and is also the kind of criminal case that is much more familiar to people, so it is very important to research the quality of injury offence in justice. The main content of this text is divided into five parts:The first part is the cause of action and fact of the case that mentioned in the text. This part contains the cause of suspect's action, the time and place of the action, the instruments of crime, the proceedings and judgment of the case, and so on.The second part is the analysis of the focuses of this case. According to the fact of this case, author point two questions that must be answered: (a) what is the quality of suspect's act? General assault, injury, defiance and affray or intentional murder? (b) Whether the form of attempted intentionally injury offence exists?The third part is about the controversial views of the case. There are four different views about this case: attempted intentional murder, attempted internationally injury offence, defiance and affray crime and the act that shall be subject to law and order punishment. This part instructs their proposition and argument.The fourth part concerns with the analysis of criminal law theory about the case. Firstly, the author analyzes the differences between intentionally injury offence and other crimes, and concludes that the quality of suspect's behavior is internationally injury; Secondly, author studies the form of attempted intentionally injury offence, and divides to two parts: offense basic consequence and offense aggravated consequence, and concludes that suspect's behavior is attempted internationally injury offence; Finally, the text analyzes the punishment of attempted intentionally injury offence.The fifth part is the conclusion of the case. According to the analysis above, the conclusion is that suspect's behavior is attempted intentionally injury offence, and should be punished under the Penal Code Article 234(2) and Article 23(2).
Keywords/Search Tags:Intentionally Injury Offence, Defiance and Affray Offence, Attempted Offense, Offense Aggravated Consequence, Consequential Offense
PDF Full Text Request
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