The Study On Attempted Crime Of The Indirect Intentional Crime

Whether the indirect intentional crimes have possibilities to establish abortive form is a problem which has research value in both theory and practice.First, in theory, the provision of article 14 on indirect intentional crimes uses the words indulgence,permit the result to appear and the provision of article 23 on attempted crime uses the words unfinished crime in the criminal law.According to the usual understanding, unfinished crime refers to failure of the offender’s subjective purpose, so to establish attempted crime, the offender’s subjective form must have distinct subjective intention.Apparently, the subjective intention in the indirect intentional crimes do not meet the requirement.Consequently, it seems that the indirect intentional crimes does not meet prerequisites to establish attempted crimes.At the same time, article 14 deals with indirect intentional crimes rather than indirect intention,the expression is permit the result to appear rather than permit the result not to appear, as a result, according to the criminal law literally, all the indirect intentional crimes are consequential offenses.it is to say that results are essential elements to the establishments of indirect intentional crimes, so the indirect intentional crimes have no possibility to establish attempted crime.However, according to the principle of the unity of intention, direct intent has abortive form, indirect intention and direct intention have the same structure, so it is necessary to study whether the indirect intention has the possibility to establish attempted crime in theory; Second, in practice, according to the negativism insisting indirect intentional crimes have no possibilities to establish attempted crimes,some cases are unable to be processed.For example, sometimes criminal offence objectively give rise to an immediate and urgent danger that will cause serious harm consequences in some cases, though not to real damages,but,by the the negativism, such behaviors are only to be recognized as innocence.In fact, the immediate danger alone caused by such behaviors can be independent evaluation objects in the criminal law.So admitting that the indirect intentional crimes have possibilities to establish abortive form in some cases has a vital significance to judicial practice.There are two main views on the problem in domestic academic community, one is negative theory,the other is affirmative theory.The author argues that the indirect intentional crimes have possibilities to establish attempted crimes in some cases and puts forward a judgment standard which is based on whether the criminal offence gives rise to immediate and specific danger to legal Interests.Based on this standard, the author divides indirect intentional crimes into three specific classifications and uses the proposed standard to carry out a specific analysis of the three kinds of specific cases,pointing out the casas that have possibility to establish abortive form.By so, can we remedy the limitations which the current treatment mechanism that deny the indirect intentional crimes have the possibilities to realize attempted crime brings.