Does an attempt to commit a crime also infringe on legal interests? Can an attempt and a successful

First of all, it is stated that there is no concept of "legal benefit" in legal theory, and this is completely a sentence formation in the judicial examination.

The perpetrator tried to steal the gun and ended up stealing a box of money. The gun wasn't stolen at all!!

First, the crime of theft of firearms (attempted) and the crime of theft should be convicted in this case, and the punishment should be combined

1. The crime of theft of firearms (attempted), where the perpetrator has already started to commit the crime of stealing firearms, and fails to succeed due to reasons other than the will of the criminal, such will may be that the gun was taken away by someone else, or there is no gun at all, which does not affect the establishment of the crime. It does not mean that the perpetrator voluntarily renounces the crime or automatically and effectively prevents the outcome of the crime from occurring.

2. The basic characteristics of the crime of implication (imaginary competition). Refers to the number of offenses committed at one time. For example, the crime of theft of firearms, and the crime of theft and theft of firearms at the same time. In the case of two crimes, the act only violated the object of public safety, and the crime of theft of firearms should be convicted.

3, and this case is definitely not imaginary. The perpetrator committed two intentional acts; (1) The subjective intent is that the theft of a firearm (attempt) violates the object of public safety, and (2) when the perpetrator discovers that there is no gun, he commits the theft of money (property) and infringes on property rights. Thus constituting a number of crimes.

3) The specific commission of the act is two criminal acts, not one criminal act.

Third, therefore, the public analysis of any kind of crime or form of our crime must be made from the constituent elements of the crime, otherwise, an erroneous judgment will be made.

3. "An attempted crime is not a crime"? You don't even know what constitutes a crime, what kind of crime are you talking about! There are four stages of crime: preparation, suspension, attempt, and imminent completion. Any stage may constitute a crime.

1) Preparation for crime refers to the preparation of tools and the creation of conditions for crime

2) "Suspension of crime" refers to the perpetrator's automatic and effective cessation of the occurrence of criminal results;

3) Attempt to commit a crime, j refers to failure to succeed due to reasons other than the will of the offender;

4) Complete execution of the end and crime.

Whoever teaches you an attempted crime is not a crime. Any formal legal textbook, law, regulation, or legal interpretation does not contain the concept of "legal benefit". Legal interests are some scholars who "introduce law" and deliberately adapt "criminal objects" into so-called "legal interests".

Woe! Upstairs, you are also studying the law like this, it is really laughing to death, even if someone who knows a little about the law sees your recollections, it will make people laugh out of their big teeth!

An attempt to commit a crime refers to a crime that has already been committed, but has not succeeded due to reasons other than the will of the criminal, so it has also infringed upon the legitimate rights and interests protected by law. The attempt to commit a crime is a determination made relative to the completion of the crime, so there can be no imaginary competition.

Article 23 of the Criminal Law: An attempt to commit a crime is an attempt to commit a crime if the crime has already been committed, but 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 offenses.

This understanding is equivalent to saying that "attempted theft is not a crime", because the attempted theft does not infringe on any legal interests, and if you want to steal property, but you don't steal it for half a day, you will not commit a crime. In this way of thinking, what you are trying to overturn is not the theory of imaginary competition, but the theory that the crime of the unfinished form is also a crime. Because you come to the basis of the contradiction of imaginary coopetition theory is:

An attempted crime is not a crime.

Then I ask rhetorically: since the crime in the unfinished form is not a crime, and there is only one crime, why should we discuss the theory of competing crimes?

If you think about it too much, first bring your logic back to the question of whether the unfinished crime is a crime, the unfinished crime also has the infringement of legal interests, and in the abstract its infringement is manifested in the threat to legal interests, as long as you admit that the attempted crime is also a crime, your problem will be solved.

2. The crime has not been committed.

3. The failure to commit a crime is due to reasons other than the will of the offender. When the crime is committed, it begins to infringe on legal interests, or at least there is a certain danger of infringing on legal interests. The essence of crime is the infringement of legal interests, which is also where the justice of our punishment of crime lies.

If the attempted offender does not infringe on legal interests, the criminal law will not punish the attempted offender.

2. The crime of theft of firearms is an abstract dangerous crime, and the legislator believes that the compulsory act of theft has an abstract danger and may endanger public safety, so as long as the act of stealing a firearm is committed, it constitutes a crime, and it is not required that the actual and specific danger that may be caused by the theft of a firearm constitute a crime.

Firearms theft, which is a chapter on endangering public safety. The legal interest violated is public safety. The perpetrator deliberately approached the place where the firearm might be present with the intention of stealing the firearm, and this is the beginning of the crime.

He couldn't just go to an ordinary person's house to steal guns. That's a key.

The infringement of legal interests means the infringement of legal rules.

Once a crime is initiated, it crosses the bottom line of the law and infringes on legal interests. Why else should we distinguish between the stages of crime?

Legal Analysis: The difference between an attempted crime and a completed crime: 1. The results of the crime are different

The result of the attempt is that the criminal purpose cannot be accomplished, and the completed criminal purpose is the completion of the criminal purpose. 2. Different definitions: An attempt to commit a crime is an attempt to commit a crime if it has already begun to commit a crime and has not succeeded due to reasons other than the will of the criminal.

The implementation is complete. 3. Different sentencing: After the crime has been convicted, the trial and conviction will be carried out in accordance with the relevant laws, while the sentence of the attempted crime is often reduced or reduced, and the punishment may be mitigated or commuted by comparison with the completed crime.

Legal basis: Article 23 of the Criminal Law of the People's Republic of China Where a crime has already been committed, but the crime has not been successfully justified due to reasons other than the will of the criminal, the crime has not been completed. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.

When the crime has been completed and the circumstances of the attempt coexist, a decision shall be made on whether the punishment for the attempted part shall be commuted, the legally-prescribed punishment range corresponding to the attempted part shall be determined, and then the legally-prescribed punishment range corresponding to the completed part shall be compared, and then the final punishment shall be determined in accordance with the provisions of the relevant judicial interpretations. Where the completed part of the crime and the attempted portion correspond to different legally-prescribed punishment ranges, a decision shall be made on whether to reduce the punishment for the attempted part, determine the legally-prescribed punishment range corresponding to the attempted part, and then compare it with the legally-prescribed punishment range corresponding to the completed part, and choose to apply the legally-prescribed punishment range with the heavier punishment, and give a heavier punishment as appropriate; Where the two are in the same sentencing range, a heavier punishment is to be given as appropriate for the completion of the crime.

2. What are the forms of completed crimes?

According to the specific provisions of the Criminal Law and the general theory of the Criminal Law, there are the following forms of crimes:

1. Perpetrators. It is also known as a crime of conduct, which means that as long as the perpetrator commits a certain act as provided for in the criminal law, it has constituted a completed crime.

2. Result of committing a crime. It refers to the criminal act committed by the perpetrator, and the statutory result must occur in order to constitute a completed crime.

3. Committing crimes. Also known as an immediate offense, it refers to a crime that, in accordance with the law, is completed as soon as the perpetrator initiates the commission of the crime and fully meets the constitutive elements, thus constituting a completed crime.

4. Dangerous criminals. refers to a criminal act committed by the perpetrator that is sufficient to cause a certain harmful result in a particularly dangerous state and constitutes a completed crime.

3. What is the original punishment for attempted crime?

With regard to the principle of punishment for attempted offenders, attention should be paid to two aspects: the punishment for completed offenders should be used as a reference and appropriate lenient punishment should be given, that is, the punishment may be mitigated or commuted by comparison with the completed offenders.

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

1. Persons shall bear criminal responsibility for attempted crimes.

2. Since the Criminal Law stipulates that the punishment "may" be mitigated or commuted, it is necessary to determine whether the punishment for the crime is mitigated or commuted.

3. 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.

The completion of a crime is generally not the purpose of the crime. That is, the completion of a crime may not belong to the purpose of the crime, and the completion of a crime is a basic form of crime, and there is a debate in the academic circles about the standard of completion of a crime. When the crime is completed, it is not determined by the purpose of the crime, but by the constitutive elements of a crime.

[Legal basis].Article 22 of the Criminal Code.

In order to commit a crime, it is a preparation for a crime to prepare tools and make conditions for making sails.

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

Article 23.

An attempt to commit a crime is an attempt to commit a crime if it has already been committed and has not succeeded for reasons other than the will of the offender.

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

Article 24.

In the course of committing a crime, the crime is suspended if the criminal prosecution automatically abandons the crime or automatically and effectively prevents the occurrence of the criminal outcome.

For those who have been suspended and no harm has been caused, they shall be exempted from punishment; where harm is caused, punishment shall be commuted.

Completion of a crime means that the act committed by the perpetrator has completed all the constituent elements of a specific crime as provided for in the sub-provisions of the Criminal Law. An attempted crime is when a criminal has already begun to commit a crime and has not succeeded for reasons other than volition. Specifically, there are the following differences between the two:

1. The outcome of the crime is different: the result of the attempt is that the criminal purpose cannot be accomplished, and the completion is the criminal purpose. 2. Different definitions:

An attempt to commit a crime is an attempt to commit a crime that fails for reasons other than the will of the offender. The completion of Shihe's late shooting is done. 3. Sentencing is different:

Once a crime has been committed, it will be tried and convicted in accordance with the relevant laws, and the attempted crime is often commuted in sentencing, and the punishment may be mitigated or commuted compared with the completed crime.

Article 23 of the Criminal Law of the People's Republic of China has already begun to commit a crime, and it is an attempt to commit a crime if it 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 offenses.

Attempted crime: An attempt to commit a crime is an attempt to commit a crime if the original search bureau has not been concealed because the criminal has not succeeded because of the criminal's will.

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

An attempt to commit a crime is the same offence as a completed crime.

Completed means that the act carried out by the perpetrator has fulfilled all the constituent elements of a specific crime, and attempted crime refers to the fact that the criminal has already begun to commit the crime, and the failure to succeed due to reasons other than the criminal's will is that the criminal cannot be accomplished, and the criminal goal is completed.