On The Essence And Construction Of The Aggravated Consequential Offence

The aggravated consequential offence is a type of crime, full of disputes and arguments. Thescholars have different opinions on its essence, its structure and other related criminal questions.The aggravated consequential offence is not only a legal concept, but also a policy tool, which isable to effectively prevent and fight extremely serious crimes of particular periods. Therefore, theexistence of the aggravated consequential offence is reasonable and necessary. Undeniably, theacademic arguments regarding the aggravated consequential offence may bring bothers, adddifficulties to the the judicial practice and, to some extent, injure criminal law’s authority andstabilization. Rediscussing this question, therefore, is meaningful to the criminal theory and practice.This thesis’ purpose is to reveal the essence of the aggravated consequential offence and defineits structure. By logical reasoning, comparing and analyzing on the related provisions and theories,this thesis serves to reconcile the various opinions in academic community and make slightcontribution to handle the aggravated consequential offence in judicial practice.There are three chapters in this thesis. In chapter1, it reveals the essence of the aggravatedconsequential offence. Because the structure depends on and develops from the essence, the first stepof this thesis’ research is to reveal the essence of the aggravated consequential offence. In chapter2, itanalyzes the objective elements of the aggravated consequential offence, from which three questions,including basic crime, aggravated consequence and causal relationship, are chosen to be discussedcarefully. In chapter3, it analyzes the subjective elements of the aggravated consequential offence inorder to define basic sin and aggravated sin.The conclusion of this thesis is as below: The essence of the aggravated consequential offence isthat the actor deliberately commits a crime which contains typical danger and involuntarily bringsabout the aggravated consequence. The basic crime, containing typical danger, is able to harm theimportant legal interests directly. The aggravated consequence is the injury of physical interests andthe death and hurt of the victims. The causal relationship of the aggravated consequential offenceshould be judged by condition theory and the one with intervention elements should be judged bydiscontinuity theory. Whether the relationship should be interrupted depends on the contribution ofthe elements, which bring about the consequence, to the aggravated consequence. Last but not least,the actor commits the basic crime in purpose and brings about the aggravated result involuntarily.