Q: What are the similarities and differences between criminal preparation, criminal attempt, and cri

Hello, the preparation for the crime is before the commission of the act, the attempt to commit the crime and the suspension of the crime are both in the process of committing the crime, the attempt is interrupted for objective reasons, and the suspension is interrupted due to automatic validity.

The same thing is that all three are forms in the process of committing crimes. None of them meets all the elements of a complete crime as provided for in the Criminal Code. The difference is that the act of preparing tools and creating conditions for the purpose of committing a crime is a preparation for a crime.

1) The perpetrator has the subjective intent to facilitate the commission or completion of a crime. (2) Objectively, the offender engaged in preparatory activities for the crime, such as preparing tools and creating conditions. (3) The preparatory act for the commission of the offence is prevented from proceeding to the commission of the offence for reasons other than the will of the offender.

Article 23 of the Criminal Law stipulates: "An attempt to commit a crime is an attempt to commit a crime if the crime has already been committed and the crime is not succeeded due to reasons other than the will of the criminal." "(1) The offender has already begun to commit the offence This is an important distinction from preparatory acts for the commission of the offence.

1. Preparation for crime: Article 22, paragraph 1 of the Criminal Law of our country stipulates: "In order to commit a crime, the preparation of tools and the creation of conditions is preparation for crime."

China's criminal law scholars believe that this is only a description of the preparatory act for a crime, not a concept of preparatory for a crime. According to this provision and the relevant criminal law theories, the form of preparatory for a crime refers to the form in which the perpetrator begins to create conditions for the commission of the crime, and fails to proceed with the commission of the criminal act due to reasons other than the will of the perpetrator. 2. Attempted crime:

It is a situation in which a crime has already been committed, but it has not been succeeded due to reasons other than the will of the criminal. Characteristics of an attempted crime: (1) The commission of the crime has been initiated, and the criminal act has entered the stage of execution.

2) Failure to commit a crime. It is usually manifested in the absence of a crime, but not all crimes that have occurred are crimes. (3) The failure to commit the crime is due to reasons other than the will of the offender.

Article 23 of China's Criminal Law stipulates that "for attempted offenders, the punishment may be mitigated or commuted compared with those who have committed crimes". 3. Suspension of Crime:

Suspension of a crime refers to a situation in which a crime is automatically abandoned or the outcome of a crime is automatically and effectively prevented from occurring in the course of committing a crime. Criminal suspension has four characteristics: the temporality of suspension, the automaticity of suspension, the objectivity of suspension, and the effectiveness of suspension: (1) the temporality of suspension; The suspension of the offence must have occurred "in the course of the crime", i.e.

The suspension of the crime can occur either in the preparatory stage of the crime or in the stage of the commission of the crime; The crime has not yet come to an end, and it is neither an attempt nor a completed crime. Where the crime is automatically restored to its original state after it has been completed, the suspension of the crime is not established, and the suspension of the crime cannot occur after the attempt. (2) the automaticity of the suspension; That is, the perpetrator recognizes that it is objectively possible to continue to commit the crime or that it may be completed, but voluntarily renounces the original criminal intent.

3) the objectivity of the suspension; (4) Validity of the suspension. The suspension of the crime must not be the result of the completed crime, otherwise the suspension of the crime is not established. For a stay of the offence to be established, it is not required that no criminal result has occurred, but that no criminal result has occurred as a sign of completion.

Article 24 of China's Criminal Law stipulates: "For the suspension of the offender, the absence of knowledge that has not caused harm shall be exempted from punishment; where harm is caused, the punishment shall be commuted." Contributory to crime:

It is a joint intentional crime committed by two or more persons. The following three conditions must be met for a joint crime: first, the subject of the crime must be two or more persons who have reached the age of criminal responsibility and have the capacity to act responsibly; second, there is a criminal intent to play a potato together; Thirdly, there is a common criminal act.

To sum up the above, there are preparations and suspensions for criminal attempts, these three belong to different stages of crimes, and there are also great differences, crimes committed at different stages will be punished by law, but as long as they are not completed, these kinds of punishments will reduce the punishment of the parties.

1. Preparation for crime: Prepare tools and create conditions for crime. Preparation for the commission of a crime is also an offence and an expression of intent does not constitute a punishable offence.

2. Attempted crime: A crime has been committed and has been succeeded due to reasons other than the will of the criminal. Article 23, paragraph 2, of the Criminal Code stipulates that in the case of an attempt, the punishment may be mitigated or mitigated by reference to the completed offence.

3. Suspension of crime: In the course of committing a crime, the act of automatically giving up the crime or automatically and effectively preventing the occurrence of the criminal outcome.

What are the circumstances of mitigating punishment?

1. The circumstances under which a lighter punishment shall be given are:

1) A person who has reached the age of 14 but is not yet 18 years old commits a crime.

2) For accomplices, they shall be given a lighter punishment.

3) A person who has reached the age of 75 commits a crime by negligence.

4) Where emergency avoidance or legitimate defense exceeds the necessary limit and causes undue harm, punishment shall be reduced or waived.

5) Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, the punishment shall be commuted."

6) Where a person is coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of his crime.

2. The circumstances under which a lighter punishment may be given are:

1) A person who has reached the age of 75 intentionally commits a crime.

2) Mentally ill persons who have not completely lost the ability to recognize or control their own behavior commit crimes.

3) Deaf and dumb people or blind people commit crimes.

4) For preparatory offenders, the punishment may be mitigated by comparison with the completed offenses.

5) For attempted offenders, the punishment may be mitigated by comparison with the completed offenses.

6) If the person instigated does not commit the crime of being instigated, the person who abetted the person may be punished lightly.

7) Criminals who surrender themselves may be given a lighter punishment.

8) Where criminal suspects voluntarily turn themselves in, but truthfully confess their crimes, they may be given a lighter punishment.

9) Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important clues, so as to be able to solve other cases, they may be given a lighter punishment.

Legal basis

Article 22 of the Criminal Law [Preparation for Crime] In order to commit a crime, the preparation of tools and the creation of conditions is preparation for a crime.

For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed.

Article 23: [Attempt to Commit a Crime] Where a crime has already been committed, but the crime is not carried out due to reasons other than the criminal's will, it is an attempt to commit a crime.

For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.

Article 24: [Suspension of Crimes]In the course of committing a crime, it is a suspension of the crime where the crime is voluntarily 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, the punishment shall be commuted."