What is the concept of discontinuance of crime?

The concept stipulates that the concept of crime suspension is: "In the process of crime, it is a crime suspension to give up the crime automatically or to prevent the crime from happening automatically and effectively." There are two situations in which the crime is suspended: one is to give up the crime automatically in the preparatory stage of the crime or before the behavior is completed; The second is to automatically and effectively prevent the occurrence of criminal results at the end of the act. As an unfinished form of intentional crime, criminal suspension refers to the form in which the perpetrator has started to commit the crime and stopped it. There is a close relationship between the form of criminal suspension and the act of criminal suspension itself: there can be no form of criminal suspension without criminal suspension, and the act of criminal suspension is the decisive reason for the form of criminal suspension. The form of criminal suspension is different from the suspension itself: suspension itself is not a crime, but an act encouraged by criminal law; The form of suspension of crime is a state of crime, and criminal responsibility should be borne. In other words, the behavior before suspension belongs to criminal behavior, which is the factual basis for the actor to bear criminal responsibility. Suspension itself is an act encouraged by criminal law and is the basis for exempting or mitigating punishment. Constitutive elements Article 24 1 of China's current criminal law stipulates: "In the process of committing a crime, it is the cessation of the crime to voluntarily give up the crime or automatically and effectively prevent the crime from happening." This is a concise and general provision, and many thorny problems are often encountered in judicial practice. The suspension of crime is usually combined with the forms of suspension such as accomplished crime and attempted crime. It is difficult to accurately identify it simply according to the provisions of the law, and it is necessary to have a clear grasp of the constituent elements of the suspension of crime. Procuratorial organs should also have a clear understanding of this crime when they initiate public prosecution. With the evolution of objectivism to subjectivism in criminal law theory in various countries around the world, the perspective of criminologists has also shifted from focusing on criminal behavior to focusing on criminals. Therefore, crime ceases to conform to this trend and becomes a universally established system in criminal legislation. The criminal law of our country divides the forms of intentional crime suspension into four specific forms: completed crime, attempted crime, preparation for crime and suspension of crime, and the boundaries between these forms are clear. In the legislation of civil law countries, the discontinuance of crime in most countries is a special case of attempted crime, including attempted crime and attempted discontinuance. However, there are special provisions on probation in punishment. For example, Article 22 of Germany's current criminal law stipulates that "the actor directly committed the crime without obtaining the expected result of the actor", and Article 24, item 1, stipulates that "the actor automatically stops the crime", and a few countries, such as France and Spain, clearly distinguish between attempted obstacles and attempted suspension in legislation. It can be seen that the attempted crime in our country is an obstacle to attempted crime in the civil law system, and the cessation of crime is an attempted suspension. It should be said that the reason why China's criminal law separates criminal suspension from attempted crime is because the constitutive requirements and punishment of criminal suspension are obviously different from the obstacles of attempted crime. Judging from the provisions of Article 24 1 of the current criminal law of our country, there are two kinds of cases of crime suspension: one is that the crime automatically stops or gives up in the preparatory stage of the crime or in the process of implementing the unfinished crime, which is generally called ordinary crime suspension; The second is the termination of execution, that is, the automatic and effective prevention of criminal results before the end of behavior execution and the final appearance of criminal results, which is generally called special termination. ① The components of the two are slightly different. Criminal law scholars put forward two-feature theory, three-feature theory and four-feature theory on the specific elements of crime suspension. Among them, the theory of three natures and four natures have great influence. The theory of "three natures" generally holds that the constitutive elements of criminal discontinuance include timeliness, automaticity and effectiveness. The theory of four natures holds that there is an objective requirement on the basis of the theory of three natures, that is, the cessation of crime not only stops the crime subjectively and automatically, but also stops the behavior objectively. The author thinks that objective elements can be included in automatic elements. China's criminal law follows the theory of the unity of subject and object, and it is necessary to divide automaticity into internal active stop and objective stop in behavior, but it is not necessary to discuss it separately. Bian Xiao intends to analyze the constitutive requirements of criminal discontinuance from three elements. Characteristic (1) The perpetrator has the subjective determination to stop the crime. The actor automatically chooses not to continue the crime or pursue the criminal result when he can objectively continue the crime and achieve the criminal result. First of all, the actor is clearly aware that he can continue to commit crimes or achieve criminal results; Secondly, the implementation of suspension behavior is the choice made by the actor automatically; Third, the determination to stop crime must be complete, unconditional and thorough, not partial, conditional or temporary. Subjective reasons for stopping crime include fear of being punished by punishment; Some changed their original criminal intentions because of others' persuasion; Have a plenty of conscience, repent immediately, and change the criminal intention; Others, out of pity for the victims, turned to prevent the crime from happening. The subjective reasons for the suspension of crime do not affect the establishment of the suspension of crime. (2) The perpetrator objectively stopped committing the crime. First, the act of stopping is the act of stopping the crime and interrupting the ongoing crime. Secondly, suspension can be implemented in the form of action or omission. Third, the termination of the behavior is based on the fact that the criminal result did not happen, but this result is the result of the subjective pursuit of the actor and the inevitable result of the behavior. (3) Interruption of crime must occur in the process of crime, but not outside the process of crime. The criminal process here includes the criminal preparation process, the criminal implementation process and the criminal result occurrence process. Acts that are not committed in these processes do not belong to the suspension of crime. (4) The discontinuance of a crime must be the effective cessation of a criminal act or the effective avoidance of harmful consequences. The above is the concept, composition conditions and characteristics of criminal suspension. I believe that if we understand this, we can understand the cessation of crime in essence. There will be no more confusion between suspension and suspension, no more writing suspension as termination, no more jokes like this, no more confusion between criminal suspension and attempted crime. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.

Legal objectivity:

Article 22 of the Criminal Law mentions that if tools are prepared or conditions are created for committing a crime, it is crime preparation. For the preparatory crime, the punishment may be lightened, mitigated or exempted according to the completed crime. Article 24. In the process of committing a crime, if a person voluntarily gives up the crime or automatically and effectively prevents the crime from happening, it is a crime suspension. If the discontinuer does not cause damage, he shall be exempted from punishment; If damage is caused, the punishment shall be mitigated.