The Study About The Accomplished Offences Of Perilous Crimes

The standard of accomplished offences is the core of the suspended state of perilous crimes. It is a prevailing academic viewpoint that dangerous offence is a kind of accomplished offence. But this viewpoint has been queried by many scholars in recent years. From the perspective of componential characteristics of perilous crimes, the accomplished state of perilous crimes is the state that the dangerous state is out of their control because of criminals’not taking corresponding measures to demolish the abstract dangerous state caused by their behaviors, but the state is dangerous enough for public security. Based on this point, the author illustrates some questions related to the attempted offence of perilous crimes and the criteria of the desistance of perilous crimes. The solution of the problem will be helpful in preventing criminals from running risks of committing crimes, which will provide chances for criminals to discontinue a crime and protect the legitimate rights and interests of the victims when facing with criminals’violating.Speaking specifically, we should adhere on the following standards when to judge the perilous crime is accomplished or desistedFirstly, if the dangerous behavior completed belongs to offender’s error of awareness, is not dangerous enough for public security in general circumstances, the danger should be recognized as attempted offence of not being able to commit. If the dangerous behavior is not completed because of other reasons beyond the offender’s awareness and does not endanger public security in general circumstances, it should be recognized as uncompleted attempted offenceSecondly, if the dangerous behavior will endanger public security in general circumstances and will be out of control of the offender, it should be recognized as accomplished offence. Thirdly, the dangerous behavior will endanger public security in general circumstances and is under the control of the offender, there will be several situations:if the offender actively eliminate and successfully prevent the danger from developing, the dangerous behavior should be recognized as desistance of perilous crimes; if the offender does not actively eliminate the danger, though the danger is prevented by other reasons beyond the offender’s awareness, the dangerous behavior should be recognized as accomplished offence of perilous crimes; if the offender does not actively eliminate the danger and the danger cause harm to victims, the dangerous behavior should recognized as accomplished offence of perilous crimes.