Thoughts On Whether Criminal Offenses Can Be Established After A Dangerous State Appears

For potential damage offense,when he has carried out a dangerous behavior and caused a dangerous state,he actively takes measures to eliminate the dangerous state and avoid the actual result before the actual damage occurs,whether the act of the potential damage offense constitutes discontinuance baffles the academic circles.There are three viewpoints on this issue in the academic circles: the dangerous offense completion theory,the dangerous offense suspension theory and the actual offender suspension theory.The dangerous offense completion theory holds that for all dangerous offenders,as long as the dangerous state appears,the danger has been established.Due to the mutual exclusion and incoexistence between suspending form of the completed offense and that of other offenses,there is no space for discontinuation of crime after the dangerous offense is completed.However,the theory of dangerous offenders has been strongly questioned by other theories.Whether starting from the criminal policy,the legislative intent of criminal suspension,or from the perspective of appropriate criminal punishment and humble punishment,scholars who hold the theory of suspension believe that the theory of suspension has more persuasive.The dangerous criminal suspension theory holds that although the behavior of the perpetrator caused a dangerous state to occur and the establishment of the dangerous criminal was completed,the subsequent behaviors to prevent actual harm should still be evaluated as criminal suspension.The perpetrator's suspension said that the criminal process of the perpetrator should be a whole,that is,although the perpetrator's behavior caused a dangerous state to occur,before the actual result occurs,the behavior that avoids the actual result can still be evaluated as a suspension,is the suspension of the harmful results.The theory school holds their own words,and the characterization of this behavior has not yet been resolved.This article consists of six parts.The first part starts with four cases and introduces what kind of crime the problem belongs to.The second part is an introduction to the theoretical viewpoints of the completed theory of dangerous offenders,the suspended theory of dangerous offenders,the completed theory of actual offenders,and the problems existing in each doctrine.The third part focuses on the disputes of three theories from whether the dangerous offenders have completed pattern and uncompleted pattern at the same time,the specific interpretation of the "criminal process" and "criminal outcome" of criminal suspension.The writer expounds his own viewpoint that dangerous offenders have completed pattern and uncompleted pattern at the same time;the "criminal process" should refer to the establishment of the crime to the completion of the crime,and the "criminal result" refers to the result required by the completed crime.In the fourth part,the author classifies dangerous offenders and divides into two categories based on the role of dangerous state in the constitution of crime.One is dangerous offenders who takes dangerous states as a consummation of criminal offenses,at this time,automatic rescue cannot be regarded as discontinuation of crime.The suspension of an act should be considered as a certain amount of criminal circumstances;the second is the occurrence of a dangerous state as an element of the establishment of the crime,at which time the automatic rescue action can be regarded as discontinuation of crime.The fifth part is to define the completed pattern of the first class of dangerous criminals.Although the completed crime cannot constitute discontinuance,there is still space for the discontinuance of the crime before the establishment of the completion.So it's important to differentiate the completed crime and uncompleted crime,which will directly affect the existence of the suspension of the crime and the final penalty result of the crime.The sixth part uses the above theory to make specific analysis and application of the four cases in the first part,in order to make a satisfactory answer to this controversial issue.