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What are the differences and examples of preparation for a crime, discontinuation of a crime, attempted crime and completed crime?

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What are the differences and examples of preparation for a crime, discontinuation of a crime, attempted crime and completed crime?


        

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  • 2024-06-13 19:00:57

    What are the differences and examples of preparation for a crime, discontinuation of a crime, attempted crime and completed crime? The differences and examples between preparation for crime, discontinuation of crime, attempted crime and completed crime are as follows: 1. Different concepts of preparation for crime: it is a preparation tool, a creation condition, and an act that promotes the implementation of crime, thus constituting a realistic threat to the object protected by criminal law. Discontinuation of a crime: Discontinuation of a crime refers to the act of voluntarily abandoning the crime or automatically and effectively preventing the consequences of the crime in the course of committing a crime. Attempt to commit a crime: an attempt to commit a crime is one that has already begun to commit a crime and has not succeeded due to reasons other than the will of the criminal. Accomplishment of a crime: refers to the act performed by the perpetrator has all the constituent elements of a specific crime specified in the specific provisions of the Criminal Law. At this stage, the perpetrator has the direct intention of committing a crime in the subjective aspect, that is, he knows clearly that his preparatory act is to create conditions for infringing a certain object, and hopes to ensure the completion of the crime. 2. The punishment can be mitigated if a crime is attempted due to different criminal preparations; Suspension of crime is generally exempt from criminal punishment; If a crime is completed, criminal responsibility shall be borne. 3. The different stages of criminal preparation belong to the preliminary preparation stage. The suspension of a crime has not yet formed the consequences. The attempted crime is because the expected consequences have not been achieved for special reasons. The completed crime is a completed crime. 2、 For example, Zhang San wants to kill F1 and prepare for a crime: Zhang San has made a series of preparations before committing a crime, such as tracking F himself, observing F's residence, and preparing crime tools. 2. Suspension of crime: When Zhang San was preparing to kill F, he realized that his behavior would be punished by law, so he gave up. 3. Attempt to commit a crime: In the process of Zhang San's preparation to kill F, he was forced to give up his criminal act rather than voluntarily because he could not continue his criminal act due to objective reasons. For example, the victim shouted for help and someone found out. 4. Accomplished crime: Zhang San kills F and escapes from the scene. Do you understand this explanation?

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