How to determine the crime part

The criterion for the completion of a crime is usually based on whether the elements of the crime are complete. If the relevant elements of the crime are in place, it is generally considered that the crime was completed, otherwise the crime is attempted, or it is not a crime.

1. Subject of crime: The actor must be a person with civil capacity. In China, a normal person who has reached the age of 16 can constitute a subject of crime. Minors, mental patients and other non-civil actor who are under the age of 14 do not constitute the subject of crime. To put it plainly, they will not be sentenced even if they commit a crime.

2, the subjective aspect of crime: the perpetrator must be intentional or negligent, that is, the subject of the crime is at fault. In other words, if the personal property of another person is damaged due to force majeure or accident, it will not bear criminal liability, because the actor is not at fault, but shall bear the corresponding civil compensation liability according to the actual situation.

3. Object of crime: What the perpetrator violated should be some kind of social relationship protected by law. Such as human health, property safety, social order, and so on.

4. Objective aspect of the crime: The criminal behavior of the actor must have caused certain damage results. If the crime of intentional harm, it should result in the harm of others, otherwise it is just a general illegal act, not a crime.

1. Law of conduct. As long as the perpetrator has committed a certain prohibited illegal act stipulated in the criminal law, it has already constituted an established crime. In the case of dangerous driving crime, as long as the perpetrator commits drunk driving or drag racing on public roads, it constitutes the completion of dangerous driving crime.

2, result in committing a crime. It is a criminal act committed by an actor that must have a legal result before it can constitute a completed crime. If the homicide is intentional, the perpetrator commits the homicide and causes the death to occur, which can constitute an attempted homicide, otherwise it can only constitute an attempted homicide.

3. Dangerous offender. The perpetrator s criminal act is sufficient to cause a particular dangerous state that endangers the result and constitutes a completed crime. If the crime of sabotaging traffic, the perpetrator has carried out sabotage, endangering the safety of unspecified people, may constitute an accomplishment.

Both The determination of the completed part of the crime needs to be distinguished with specific circumstances. How to deal with the specific completed part may need to be accused based on the evidence collected.

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