Attempt Of Aggravated Consequential Offense

Because of the particularity of its nature and structure,aggravated consequential offense has caused great controversy in various propositions around it.It is also a type of crime that is often encountered and difficult to identify in judicial practice.The author deeply studies the criminal law theory and judicial practice in China and the West,and constructs a scientific theoretical system covering the concept,scope,essence,attempted form,qualitative and sentencing of aggravated consequential offense.This article is divided into four parts.The first part first introduces the concept and origin of aggravated consequential offence.The special type of crime in which aggravated consequences occur due to deliberate or negligent consequences other than the present criminal act.The second part identifies aggravated crime as an objective constitutive element of aggravated consequential crime rather than a simple rule of sentencing,so aggravated crime itself must implement the principle of responsibility,and there are completed and attempted forms of crime.The third part evaluates the three viewpoints of the attempted form,compares and demonstrates them,summarizes the focus,and finds that the accomplished form of the aggravated consequential offence must satisfy the requirements of complete constituent elements.The attempted form includes three kinds.Finally,in the fourth part of this paper,aiming at the combination of accomplished basic offense and attempted aggravated consequential offense,the author proposes the "dichotomy" of sentencing,classifying aggravated consequential offense into aggravated consequential offense of single act and aggravated consequential offense of compound act.The author believes that imaginative concurrence is applicable to aggravated consequential offense of single act and concurrent sentencing of aggravated consequential offense.