It is a general viewpoint in academy that dangerous offence is a kind of accomplished offence. 危险犯是犯罪既遂的类型之一,这本是学界通行的见解。
Different measures should be taken in different situations on the concurrence between the desistance of crime and accomplished offence. 犯罪既遂是犯罪成立的具体形态之一,是在犯罪已经成立的前提下表明犯罪已经完成的一种结局状态。
In China today," the realization of criminal intent "is not fit as a norm of accomplished criminal offence. “犯罪目的实现说”目前不宜作为我国犯罪既遂标准。
It is overlap of two different offence forms that on the Concurrence between the discontinuation of an offence and accomplished offence. 中止犯与既遂犯的竞合是两种不同犯罪形态的重叠。
There have been a lot of controversies on the accomplished criterion of offence of robbery in criminal theories and practice in our country for a long time, the fundamental reason is that there are grave faults in traditional criminal theories about the criminal accomplished offence. 我国刑法理论界和司法实践界长期以来对抢劫罪的既遂标准存在较多争议,最根本的原因是我国刑法传统的犯罪既遂理论存在严重缺陷。
New Understanding on the Distinguish Standard between Accomplished Offence and Attempted Offence in the Crime of Robbery 抢劫罪既遂与未遂区分标准新探
Error in the criminal law, especially fact error, not only offense shape of effect action man, criminal responsibility, but also relate to the criminal accomplished offence either not abortive. 刑法中的错误,尤其是事实认识错误,不仅影响行为人的罪过形式、刑事责任,而且也涉及犯罪的既遂或未遂,是刑法中的一个重要课题。
Therefore, both in the ordinary crime of robbery and the aggravated one, except those of huge amount and repeated robbery, the distinguishable standard between an accomplished offence and an attempted offence shall be whether the victim has lost control of his property. 据此,普通抢劫罪和加重抢劫罪除抢劫数额巨大、多次抢劫外,抢劫罪既遂与未遂的区分应以被害人是否失去对财物的控制为判断标准。
Under the condition that the doer obtains the loan or the credit from bank or financial agency by deceive means and causes serious damage, the consequence of the serious damage is the condition of incriminating and the standard of accomplished offence. 在行为人因欺骗行为取得银行或金融机构贷款或信用,并对其造成重大损失的情况下,重大损失这一特定的犯罪结果的发生既是其入罪的条件,也是其既遂的标准。