What is no penalty for attempted felony ?

To put it simply, in the case of a criminal suspect who commits both a felony and a misdemeanor, if the misdemeanor is completed and the felony is attempted, the punishment is not as a felony. Of course, this is Professor Zhang Mingkai's personal opinion.

Some of Professor Zhang's views are difficult to understand, but in terms of the current situation of Chinese criminal law, his work has broadened the horizons of domestic criminal law scholars. It is really hard to read his books, which should also be related to the fact that Japanese criminal law pays more attention to legal feelings, and their scholars are very delicate in their thinking, and a problem often turns several times. But I don't think he imposes his views on others, and reading his books, so many different points of view are considered academic discussions.

As for the judicial examination, unlike the study of academics, the landlord's spirit of study is still admirable. However, the bar examination is only a qualification examination, and there is no need to be so aggressive. Questions like this will never test your theory, and you only need to pay attention to the point of view of the real question in the case.

Also, at this stage, in addition to the content of the first volume, some laws like criminal law, it is recommended that you don't read the three major books, there are often such and such views in it, and it will be popular if you read too much, really!

Don't be superstitious about experts. The opinions of experts are not always correct, and sometimes they are fallacious. Experts just know more about a particular area of expertise.

However, it is said that the criminal law part of the judicial examination still has to use Zhang Mingkai's point of view to answer the questions! I've only heard!

Legal Analysis: If the crime involves the death penalty or life imprisonment, the crime will also be punished heavily. Attempts to commit crimes include attempts to commit the end of the crime and attempts to carry out the end of the disguise, attempts to commit and attempts not to be made.

Legal basis: "Law of the People's Republic of China on the Absence of Summons for Criminal Relics" Article 23: Where a crime has already been committed, and the crime is not carried out due to reasons other than the will of the criminal, it is an attempt to commit a crime. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.

Where the circumstances of the crime are aggravated, there are also circumstances of attempts, and as a result, there are no clear provisions on whether there is an attempt in the aggravating offender, and it needs to be analyzed on the basis of the specific case, and where there is an attempt in the aggravating circumstance, there is a completed form and an attempted form in the aggravating circumstance, and the standard for distinguishing between the completed form and the attempted form of the aggravated offender shall be the same as that of the basic offense.

For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offense. Under normal circumstances, since the actual harm caused by an attempted offender is lighter than that of a completed offender, the punishment for an attempted offender is generally lighter than that for a completed offender, and the punishment is mitigated or mitigated by comparison with a completed offense. As for the extent of mitigating or mitigating, the specific circumstances of the case should be comprehensively considered.

However, attempted offenders who are particularly heinous, have serious harmful consequences, or are in great personal danger may also be given the same punishment as completed offenders, and are not to be mitigated or commuted.

1. How many types of attempted crimes are there?

For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses. There are many kinds of attempts:

1. The object cannot commit: for example, the failure to do so is called an attempt to commit intentional homicide, which is an attempt that the object cannot commit; It does not affect the conviction, only the sentencing.

2. The means cannot be committed: including the fact that the tools used cannot achieve the effect of causing death, it is an attempt to commit intentional homicide; It does not affect the conviction, only the sentencing.

3. Objectively incommitted: that is, the objective aspect makes people unable to achieve the effect of causing death, which is an attempt to commit intentional homicide; It does not affect the conviction, only the sentencing.

4. Subjective misunderstanding: due to an error in one's own judgment, it is also an attempt to commit intentional homicide; It does not affect the conviction, only the sentencing.

5. An attempt that can ignite a mistake is an attempt that can actually be achieved, and there is a possibility that it can be completed, but there is no failure because of reasons other than will, and it is an attempt that can be committed.

Legal analysis: 1. Criminal liability shall be borne for attempted crime. 2. The Criminal Law stipulates that "yes" for accomplices", rather than "shall" be given a mitigated or mitigated punishment, and therefore, it is necessary to determine whether the punishment for an attempt to commit a crime is mitigated or mitigated.

3. Where it is determined that the punishment may be mitigated or commuted, it is necessary to further determine whether to apply the mitigated punishment or the commutation of punishment.

Legal basis: "Criminal Law of the People's Republic of China" Cong Jingchen Article 23 Attempted Crime A person who has already started to commit a crime and fails to succeed due to reasons other than the will of the criminal is guilty of attempted crime of infiltration. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.

Legal Analysis: For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenders. First of all, the envy of the mu should be held criminally responsible for the attempted crime.

Second, since the law provides for mitigating or mitigating punishment, it is necessary to determine whether the punishment for the attempted crime is mitigated or mitigated. Third, where it is determined that the punishment can be mitigated or commuted, it is necessary to further determine whether the punishment should be mitigated or commuted.

Legal basis: Article 23 of the Criminal Law of the People's Republic of China An attempt to commit a crime is an attempt to commit a crime if it has already been committed, and the crime is not succeeded due to reasons other than the will of the criminal. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenders.