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How to punish the suspension of crime

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How to punish the suspension of crime


        

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  • 2024-06-06 02:00:48

    The punishment for discontinuation of a crime is that the discontinuing offender who has not caused damage shall be exempted from punishment, and the discontinuing offender who has caused damage shall be given a mitigated punishment.

    1、 Conditions for the establishment of suspension of crime:

    1. For the timeliness of suspension, suspension must occur "in the process of crime", that is, it can be suspended after the start of the crime and before the end of the crime.

    2. The automaticity of suspension, which establishes the suspension of crime, requires the actor to "voluntarily" abandon the crime or "automatically" effectively prevent the occurrence of criminal consequences.

    2、 Common circumstances of discontinuation of crime:

    1. Abandon a crime based on astonishment and fear

    2. Abandon a crime because of disgust

    3. Fear of being found and give up the crime

    4. Discovered by a third party and abandoned the crime

    5. Abandon a crime based on the obstacles of the target

    6. Abandon the crime based on the victim's non-compliance with the behavior plan

    7. Discovering the existence of means obstacles and abandoning the crime

    8. Discovering that the other party is an acquaintance and giving up the crime

    9. Abandoned the crime because the goal beyond the constitutive requirements has been achieved

    10. Failing to satisfy specific tendencies and abandoning crime

    [Legal Basis]

    According to Article 24 of the Criminal Law of the People's Republic of China, discontinuation of a crime refers to a person who voluntarily abandons the crime or automatically and effectively prevents the consequences of the crime from occurring in the course of committing a crime.

    If a discontinued offender has caused no harm, he shall be exempted from punishment; If damage is caused, the punishment shall be mitigated.

    Dao***

    2024-06-06 02:00:48

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