The Research On The Discontinuation Of Potential Damage Offence

Potention Damage refers to the behavior of the perpetrator caused harm to theimplementation of the risk of state law accomplished the elements of a class of crime,its most notable features and the most important element is the state with legal risk.Danger in the risk shall mean a dangerous state. The danger is that the harm from thecriminal law caused by acts of law sufficient to be effective against the benefits of arelatively stable and not develop the condition. Dangerous state with the results ofproperties. Dangerous suspension form, refers to the act in the criminal process,waiver of the crime or voluntarily take effective measures to prevent danger to stopthe formation of a form of crime.Dangerous suspension form, can only exist in the process of direct intentionalcrime. Dangerous form of the establishment of conditions of suspension, must meetthe timing stop crime, stop crime, the automatic nature of suspension of theeffectiveness of crime, these three conditions can set up the suspension Dangerousforms. Timing conditions, the most prominent of the criminal process understanding,where the criminal process to be broadly understood, both spatial and temporal rangeof occurrence of crime, the suspension should be prepared from crime to crime,including the results of the whole process before the occurrence. Conditions in theauto, the internal behavior of the role of advocate in the behavior of person isdetermined to meet the conditions, the key is to determine the perpetrator of the rootcauses of the evil is good for internal reasons. In addition, the effectiveness ofestablished forms of crime conditions require suspension of the perpetrator of theautomatic exclusion of risk behavior and risk status of the state is not a causalrelationship between the formation. But does not require state of the perpetrator’sbehavior automatically exclude limited my risk behavior.After the end of the implementation of criminal behavior, provided that theymeet certain conditions, there is potential damage can still stop form. However, theemergence of a dangerous condition, even if the perpetrator to take effective measuresto eliminate the dangerous condition, identified as the potential damage shouldAccomplished. Dangerous form of existence of the suspension according to thedifferent time periods, there are preliminary stages of Dangerous suspension, thesuspension of the implementation phase, the implementation of the suspension ended.Combining these three different types have different forms of Potential Damage suspended punishment.