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Anonymous users2024-02-06In the course of committing a crime, the crime is suspended if the crime is automatically abandoned or the outcome of the crime is automatically and effectively prevented. Suspension of a crime refers to the act of voluntarily abandoning a crime or automatically and effectively preventing the outcome of a crime from occurring in the course of committing a crime. Since they have all been suspended, is it still a crime?
Suspension of crime remains a crime. It is a form type of crime. The perpetrator of the suspension of a crime subjectively has the intention to completely suspend the crime, that is, the perpetrator automatically makes a choice not to continue the crime or not to pursue the outcome of the crime when he is objectively able to continue the crime and achieve the outcome of the crime.
The perpetrator objectively committed the suspension of the criminal act. First, an act of suspension is an act of stopping a crime, an act of suspending an ongoing crime; Second, the suspension can be either an act or an omission. The suspension of the offence must occur in the course of the offence and not outside the course of the offence.
The process of committing a crime here includes the process of preparing for a crime, the process of committing a crime, and the process of the result of a crime. The suspension of the crime must be an effective cessation of the criminal act or an effective avoidance of a harmful outcome. The Criminal Law stipulates that if a suspended offender does not cause harm, punishment shall be waived, and where damage is caused, the punishment shall be commuted.
Legal basis: Article 24 of the Criminal Law of the People's Republic of China stipulates that in the course of committing a crime, the crime is suspended if the crime is automatically abandoned or the outcome of the crime is automatically and effectively prevented. Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted.
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Anonymous users2024-02-05According to the provisions of the Criminal Law, if the suspended offender does not cause harm, the punishment shall be waived, and if the harm is caused, the punishment shall be commuted. "Suspension of crime" refers to a form of criminal cessation in which the perpetrator voluntarily abandons the crime or automatically and effectively prevents the outcome of the crime from occurring in the course of the crime, thus not completing the crime. There are two types of criminal suspension: criminal suspension, which automatically abandons the crime, and criminal suspension, which automatically and effectively prevents the occurrence of the criminal outcome.
Legal basis. Article 22 of the Criminal Code.
In order to commit a crime, it is the preparation of tools and the creation of conditions.
For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed.
Article 24.
In the course of committing a crime, the crime is suspended when the crime is automatically abandoned or the outcome of the crime is automatically and effectively prevented.
Where the suspended offense did not cause harm, punishment shall be waived and where harm is caused, the punishment shall be commuted.
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Anonymous users2024-02-04Punishment is commuted in accordance with the summary offense.
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