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criminal attempt 犯罪未遂。

criminal conversation

At last , the concept of criminal attempt is defined : it ' s one of unfinished crime patterns in which the legal actual consequence has n ' t happened because of the subjective and objective obstacles when the criminal has executed his criminality and given the criminal object a current danger 而對于犯罪中止與犯罪未遂競合的情形,則應按中止犯論處。最后,犯罪未遂定義為:行為人已經著手實行犯罪,對犯罪客體產生現實危險,由于主客觀障礙原因而未發生法律實害結果的一種犯罪未完成形態。

To subject , the range should be strictly limited in the leader who has direct relation with unit attempted crime . secondly , the principles mainly involve legal charge and punishment ; investigating individual duty ; charges applicable to punishment ; restrain ; combining punish unit crime and criminal attempt and so on 其次,責任追究的原則主要包括罪刑法定原則、罪責自負原則、罪刑相當原則、刑法謙抑原則、將“兩罰制為主,代罰制為輔”與“得減主義”相結合的原則等等。

This paper compares the legal regulations concerning the applicable conditions and the recognition of the crime and proposes : ( 1 ) the prerequisites should be extended to include the acts of robbery . snatch , and deception ; ( 2 ) the “ violence “ as an objective condition should be interpreted as the violent and forcing actions in robbery , while “ on site “ should be the site of the stealing , deception , or snatch , or the area involved in the crime with the site as the center ; ( 3 ) the connotation of the subjective condition “ harboring the stolen goods , resisting an - eat , destroying criminal evidence “ needs expansion ; ( 4 ) dual criteria should be adopted emphasizing on both the act and the consequence in distinguishing the completed crime and the criminal attempt ; and ( 5 ) in case of overlap of law and imaginary concurrence of crimes only by convicting the crime as theft , snatch , and deception can it be regarded as transformed robbery 本文通過比較不同國家該罪的有關法律規定,對我國轉化型搶劫罪的適用條件及法律認定問題進行分析,認為: ( 1 )前提條件應擴展為實施盜竊、搶奪、詐騙行為; ( 2 )客觀條件中“暴力”應與搶劫罪中的暴力與脅迫行為作同樣理解, “當場”應是實施盜竊、詐騙、搶奪行為的當場或以犯罪現場為中心、與犯罪分子活動有關的范圍; ( 3 )主觀條件中“窩藏贓物、抗拒抓捕、毀滅罪證”的內涵應有所延伸; ( 4 )既遂與未遂的判定應采用既主張行為又注意結果的雙重標準; ( 5 )在想象競合或法條競合時只有以盜竊、搶奪、詐騙罪論處方可轉化為搶劫罪。

Although this method is desirable , the notion at criminal attempt cannot be carried through in the conception of impossible attempt , so the impossibility which is unpunishible invades the concept of impossible attempt . in this thesis , the author thinks the impossibility consists of two parts : impossible attempt ( crime ) and unprnishable impossibility ( non - crime ) 這一研究方法有可取之處,但犯罪未遂概念并未在不能犯未遂概念中貫徹,從而在本質上造成了作為不可罰的不能犯行為侵入不能犯未遂概念,導致作為非犯罪行為的不能犯行為也以犯罪未遂處罰。

On possible criminal attempt and impossible criminal attempt , three aspects are discussed . primarily , the category and name of possible criminal attempt ; secondly , the basis of bearing the criminal responsibility for impossible criminal attempt ; thirdly , whether the extent of injury is different between the impossible criminal attempt and superstitious offense 關于能犯未遂與不能犯未遂,主要論述了,一是能犯未遂的種類和名稱;二是不能犯未遂應刑事責任的根據;三是不能犯未遂與迷信犯的危害程度有無不同。

Primarily , the crimes have been set about to carry out , which is the mark distinguished the attempt of crime from the preparation of a crime ; secondly , the crimes do n ' t finished , which is the mark distinguished the attempt of crime from the accomplishment of a crime ; thirdly , the reasons that the crimes do n ' t finished are independent of the wills of the offenders , which distinguishes the criminal attempt from the desistance of a crime 即已經著手實行犯罪,因為犯罪分子意志以外的原因而未得逞的是犯罪未遂。筆者認為犯罪未遂的特征有三點:一是已經著手實行犯罪,這是犯罪未遂區別于犯罪預備的標志;二是犯罪未得逞,這是犯罪未遂區別于犯罪既遂的標志;三是犯罪未得逞是由于犯罪分子意志以外的原因,這一點把犯罪未遂與犯罪中止區別開來。

The category of attempt of crime according to the theory of our crime law , the author considers attempt of crime has two categories . namely , the classification between the completed attempt and the uncompleted attempt and the classification between the possible criminal attempt and the impossible attempt 二、犯罪未遂的種類根據我國刑法理論,筆者認為犯罪未遂有兩種類型,即實行終了的未遂與未實行終了的未遂之分,能犯未遂與不能犯未遂之分。

Primarily , the conditions compared between the offender of an accomplished crime and offender of a criminal attempt are much the same ; secondly , what are the meanings of “ being given a lighter punishment “ and “ being given a mitigated punishment “ ; thirdly ; how is the meaning of “ can “ understood 主要從三個方面進行,一是被比照的既遂犯應與未遂犯的犯罪情況大致相同;二是“從輕” 、 “減輕”處罰的含義,三是如何理解“可以”的含義。

Part four , the question of types of robbery : this article mainly expounds the four types of robbery including preparation of offender , criminal attempt , suspension , completed offense , and amount of crimes and some knotty question in judicial practice 第四部分,搶劫罪的犯罪形態問題:文章主要論述了搶劫罪的預備、未遂、中止、既遂四種形態及罪數等司法實踐中存在的疑難問題。

Secondly , the start of criminality execution is the joint links between the preparation for a crime and criminal attempt it means the beginning of guilty act , which demonstrates that the fault act has given the criminal object a current danger 著手實行是犯罪預備與犯罪未遂的關節點。著手預示著實行行為的開始,其實質為客觀上行為已對犯罪客體造成了現實危險。

In this part , the author analyses the nelation ship between the criminal attempt and impossible attempt in the continental law system , and details the conception and the factors of impossible attempt 對大陸法系比較有代表性的國家德國、日本、意大利刑法理論中不能犯與犯罪未遂的關系進行了比較分析,以資借鑒。

At last , the article mentions the functions of the harmful consequence on distinguishing crime and not crime , one crime and other crime , accomplished crime and criminal attempt 最后論述了研究危害結果在界定罪與非罪、此罪與彼罪、既遂與未遂等方面的意義。

Article 23 . criminal attempt occurs when a crime has already begun to be carried out but is not consummated because of factors independent of the will of the criminal element 第二十三條已經著手實行犯罪,由于犯罪分子意志以外的原因而未得逞的,是犯罪未遂。

Article 23 a criminal attempt refers to a case where an offender has already started to commit a crime but is prevented from completing it for reasons independent of his will 第二十三條已經著手實行犯罪,由于犯罪分子意志以外的原因而未得逞的,是犯罪未遂。

In our traditional theory at criminal law , the impossible attempt is studied within the criminal attempt which is all punishible 我國傳統刑法理論在犯罪未遂內部研究不能犯未遂,認為犯罪未遂分為能犯未遂和不能犯未遂,不能犯未遂全部可罰。

A criminal attempt refers to a case where an offender has already begun to commit a crime but is prevented from completing it for reason independent of his will 已經著手實行犯罪,由于犯罪分子意志以外的原因而未得逞的,是犯罪未遂。

The criminal attempted to justify his crime by claiming that he had not been responsible for his actions at the time of the arson 這個被指控犯有縱火罪的男人在初審時被判罪名成立,他的律師當庭提出異議。

Unfinished crime pattern lies in three aspects : preparation for a crime , criminal attempt and criminal suspension 完成形態即為犯罪既遂,未完成形態包括犯罪預備、犯罪未遂和犯罪中止三種。

The connections between the criminal attempt and impossible attempt are not a embodied relations , but a cross relationship 犯罪未遂與不能犯的關系,不是包含與被包含的關系,而是交叉關系。