Research On The Validity Of Criminal Discontinuation Without Causation

As an uncompleted form of crime,the judicial practice and academia concentrate on whether the actor's behavior could comply with the four elements about discontinuation or not.Therefore,the scope of criminal discontinuation depends on the different explanation about the four elements of discontinuation.For example,in dangerous crime,the actor engage effective measure to protect the legal benefit after his behavior has triggered the danger which is not allowed in criminal law,and it depends on how to explain “in the course of committing a crime” prescribed in discontinuation of a crime.This research would focus on the validity of criminal discontinuation when there is not any causation between the actors' discontinuing and criminal consequence.Under that circumstance,how to explanation the validity of discontinuation would determines evaluation of the behavior of actor with accuracy.This study totals more than 34,000 words.It falls four chapters to explore this problem and make an attempt to illustrate the essence of the validity in discontinuation.The first part would analyze whether the causation is necessary for the validity.It reveals the division of the validity in academia by citing cases,which has been controversial in discontinuation.Additionally,it reviews the theory relevant to this problem both in German and Japan.Then,it argues that the validity emphasize on the behavior of discontinuing a crime,but the criminal consequence not happening.This conclusion is based on the foundation of the mitigation and exemption of punishment for the discontinued crime,as well as the position of causation in uncompleted crime.Thus,causation could only be a hypothetical Judgment rather than the component of validity about criminal discontinuation.The second part suggests that the criteria which distinguish criminal discontinuation from criminal attempt shall stand on the perspective of actor's discontinuing behavior.And this discontinuing behavior shall eliminate the danger as it is the fundamental wrongdoing of criminal attempt.Whether thediscontinuing satisfies the criteria of validity also need referring the capacity of actor under the different situation.Hence,this part discuss the model of discontinuing,the criteria of validity and the intervention from third party as well.Then third part focuses on the theoretical basis of quasi-discontinued criminal.Since there is no precise definition of quasi-discontinued criminal,this part summarizes the concept and characteristics of it.Then,this part discusses the independent value of quasi-discontinued criminal and the scope of its existence.This paper holds that it is not necessary to transplant the quasi-discontinued criminal as it has been included in the provision of discontinued criminal.The fourth part rebuilds the framework of the validity and argues that what make criminal discontinuation independent from criminal attempt is not just the deference of wrongdoing and culpability,but it also reflects the encouragement of the normative expectation.This paper draws a conclusion that the validity of discontinued criminal comprises ‘Crime is uncompleted' and ‘Actors has taken effective measures and make sincere efforts'.Meanwhile,it also depends on specific case.And the amendment related to discontinuation is necessary.