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The Discontinuation of Offence of Specific Potential Damage

Author: YangHuiFang
Tutor: ZhangYongJiang
School: Xiangtan University
Course: Criminal Law
Keywords: Specific Dangerous Criminals Discontinuation Constituent elements Criminal responsibility
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 53
Quote: 1
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Abstract


Discontinuation of specific Dangerous Criminals involved specific Concept of Dangerous Criminals, specifically of Perilous the suspension of morphological established range, specific Dangerous Criminal constituent elements and specific Dangerous Criminals Discontinuation Discontinuation of criminal responsibility. For specific Dangerous Criminals Discontinuation solve not only related to the determination of the specific Dangerous Criminals theory directly related to whether the people's legitimate rights and interests of crime can be effectively protected. Dangerous Criminals in criminal behavior statutory dangerous state conditions for the establishment of criminal law interests protected by the criminal law. Specific Dangerous Criminals exist abort forms the theoretical basis and the legal basis. Combined abort Offense conditions specific Dangerous Criminals Discontinuation made the corresponding definition. For specific Dangerous Criminals, which ended form time to perform any act against the public safety risk status is a result of damage to the behavior of people want this period of time occurs, the behavior of the automatic suspension of the crime can set up a crime aborted. The the concrete of Perilous implementers in the case of no external obstacles or behavior of people think that there is no external obstacles out of their own subjective will, implemented in the crime proactive to stop crime before finished or in the sexual encounter may harm results to take measures to eliminate this possibility, on the establishment of a crime to abort. In the case of the failure to implement the ending, the perpetrator must be true to completely give up the crime. In the implementation of the end of the case, the suspension of behavior must be kind enough to avoid the result of the sincere efforts of behavior. Specific suspend acts of Perilous different manifestations in different stages, the crime would not have happened results in the behavior of people simply give up the implementation of the specific risk behaviors, behavior as long as the waiver of the specific crime of Perilous behavior suspension behavior is not as negative; ending stage Perpetrating end stage but the failure to implement some of the specific risk behaviors, simply give up the specific behavior of the Dangerous Criminals can not stop the crime results occur, it requires that the perpetrator through positive behavior to take effective measures to prevent the occurrence of specific Dangerous Criminals crime results. Specific Dangerous Criminals real harm committed unfinished form, specific Dangerous Criminals Discontinuation relief punishment in line with the purpose of punishment, the penalty for the principle of individual criminal policy of combining punishment with leniency, but also the behavior of people the Dangerousness reduce the inevitable conclusion. Specific Dangerous Criminals Discontinuation punishment should be directly in accordance with the provisions of the Criminal Law, and combined with the provisions of Article 24 of the General Provisions of the Criminal Code to cause damage to mitigate punishment, there is no damage to be exempted from punishment.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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