The suspension of crime is the unfinished form of the crime, because the criminal automatically suspends the crime or effectively prevents the occurrence of the result of the crime, therefore, the criminal law adopts an encouraging and advocating attitude towards the suspension of the crime, which is specifically manifested in the punishment of the criminal law for the suspension of the crime, and if there is no damage result, the punishment shall be waived, and if the damage result is caused, the punishment shall be mitigated. Different cases and the theoretical theories adopted by criminal law theory on the suspension of crimes are different, so the suspension of crimes does not seem complicated on the surface, but it is a very complicated issue in its determination. Through the following cases, this article attempts to show you the process of finding the suspension of crime, please add and guide.
"As soon as I entered the door, I was pushed to the ground by a stout man. In the face of the police's questioning, Ms. Yang was still shocked and uncertain, and said intermittently. While comforting Ms. Yang, the police recorded Ms. Yang's recounting of the scene that had just happened.
According to Ms. Yang, her family of three went to the city from Sichuan to work, rented a small house in the urban-rural combination department, and usually, her husband went to work and took care of his children to go to school. After sending off her husband and children every day, I went to the market to prepare the dishes of the day and take care of the housework.
Today, as usual, after sending the child to school, I went to the nearby market to buy the dishes of the day, and when I arrived home, I found that the door was unlocked, at that time, I stood outside the door and hesitated for a while, thinking that my memory was really poor, and I forgot to lock the door. Without thinking much, I pushed open the door with my bare hands, who knew that as soon as I entered the house, I was covered by a pair of thick hands from behind and wrapped my arms around my neck, I was frightened by this sudden situation, instinctively struggling, but to no avail.
The man threw me on the bed and snapped, "Don't shout, or I'll kill you!" Get the money out! "When I handed the man more than two thousand dollars, mobile phones and necklaces from home, the man relaxed his control over me a little. Suddenly he pushed me down on the bed again, tearing my blouse and trying to take off my pants. At this time, I knew what the man wanted to do, and I thought about how to get rid of the man, and I began to say that I was in the menstrual period, but, thinking again, such an excuse was easily discovered by the man, so he said to the man: "You can't have a relationship with me, because I have an venereal disease, and my husband divorced me." The man stood by the bed and hesitated for a moment, then quickly rushed out of the room and disappeared into the village in the city.
The following is a combination of case studies.
The man was suspected of robbery
The crime of robbery is the forcible seizure of public or private property of a relatively large amount by force, coercion or other means. The legal interests infringed by this crime are dual legal interests, both property possession and personal rights. After all, the crime of robbery is stipulated in chapter V of the Criminal Code of The Crime of Property Infringement, so the criterion for judging the completion of this crime can only be the theft of property, and if no property is robbed, but the personal injury or death caused by violence or other acts can only be evaluated as the crime of attempted robbery or intentional injury causing serious injury, death or intentional homicide.
According to article 269 of the Criminal Law, whoever commits the crime of theft, fraud or robbery, and uses violence or threatens violence on the spot for the purpose of hiding stolen goods, resisting arrest or destroying evidence of the crime, shall be convicted and punished in accordance with the provisions on the crime of robbery. This is the provision of the Criminal Code on transformative robbery.
In this case, if a man commits a burglary and uses violence against Ms. Yang on the spot in order to resist arrest, the crime of theft is changed from the crime of theft to the crime of robbery.
Man suspected of rape (suspended)
The crime of rape is the forcible act of having sex with a woman by violence, coercion or other means. The legal interest violated by this offence is the woman's sexual autonomy or sexual self-determination, i.e., the right to decide with whom, when, where and in what manner.
In this case, when the man pushed Ms. Yang down behind the bed and was trying to plot against him, Ms. Yang's words made the man give up the rape, so was the man's act an attempted rape or a suspension? The following focuses on the determination of the suspension of crime, the difficulty is the judgment of "automaticity", when judging whether the perpetrator automatically abandons the crime, according to Professor Zhang Mingkai's point of view, it should be carried out in the following order.
First of all, according to the "limit subjective theory" to judge, if the perpetrator gives up the crime based on sincere remorse or sympathy, it is automatically abandoned the crime and suspended for the crime; if the conclusion cannot be reached according to the "limit subjective theory", it is judged according to the Frank formula "can achieve the purpose without desire", and the "can" here should be judged only by the standard of the actor's knowledge, if the actor thinks that the criminal abandonment can be completed, it is the criminal suspension; finally, it must be judged with reference to the objective standard. That is, according to the standards of ordinary people in society, it is possible or not to judge whether it can or cannot be judged.
Specific cases, first of all, the man's abandonment of rape is not based on sincere remorse or sympathy, when Ms. Yang lied that she had a sexually transmitted disease, the man thought he could commit rape and gave up, according to Frank's formula "can achieve the purpose without desire", the man's rape should be found to be suspended. If a man is afraid of being infected and cannot have sexual relations and gives up, is it a suspension or an attempt? According to the understanding of the general public, for a rapist, a woman's sexually transmitted disease is not enough to prevent his rape, and in this case, if a man abandons the rape act because of fear of sexually transmitted disease, the rape is suspended.
Conclusion: Through the analysis of this case, the analysis and explanation of the issues related to the suspension of crimes are focused. In this case, the man was suspected of robbery, which was transformative robbery, and the crime of rape was suspended, and the two crimes were punished together. Since in the present case the man did not cause harm to the woman, the crime of rape may be exempt from punishment. What are your thoughts on this case and the views expressed in this article? You may wish to leave a message to discuss.