| Transforming crime is one criminal type of our criminal law system. It is widelyadopted in legislation and practice, but the theoretical study about it is dropped behindand non-systematical, which arouses disadvantage on legislation and practice. Thestudy on transforming crime can provide theoretical support to its legislation, furtherconsummate its legal articles and criminal practice. This thesis is trying to make asystematic description on the concept, characteristics, requisites and types, to analysisthe distinction between transforming crime and other criminal modalities and to makecomment on the legislation of transforming crime. This thesis is divided into 6 parts except the introduction. In the first part I pose the title and significance of transforming crime. Someprovisions of 79' Criminal Law prescribed that the person who does the crime of thisitem should be punished according to another item. This mode of conviction can alsobe found in foreign and Taiwan's legislation and be confirmed in relevant theories asto be called like-transforming crime. The name of transforming crime is a creation ofcriminal law circles accepted by many experts and theoretical field. The puttingforward of this concept nourish the criminal theory and prevent the re-estimation onthe criminal to equivalent the punishment with the crime. The second part is mainly on the concept of transforming crime. First Idistinguish transforming crime from natural transforming crime. Natural transformingcrime is one crime in nature. The change of the perpetrator's intention and acthappens in the same course of one crime. The crime dominated by the former 1intention hasn't caused the criminal result, so it is not transforming crime strictly. Thetransforming crime of this thesis is the legal transformation caused by the change ofthe actor's subjective and objective aspects during committing a crime. Secondly, Ianalyze the concept of transforming crime. The concept of transforming crime can beconcluded to 6 parts. This thesis will give the concept a reasonable and scientificexpression based on the most basic characteristics of transforming crime. The third part is mainly on the characteristics and criminal requisites oftransforming crime. there are only 4 widely-accepted characteristics: the changingnature of the crime, the legality of the transformation, the seriousness of the crime andthe uniqueness of the conviction. However the characteristics listed above are notoverall. There are some branch points discussed in my thesis. The first is whether it isbased on the constitution of the basic crime and whether there is the transformationfrom non-crime to crime. the second is whether the subjective aspects of the basiccrime and the transformed crime must be deliberation. The third is whether thetransforming condition playing a leading role in transforming crime must constitute asingle crime. the fourth is whether there's limitation on the time of transformation. In the fourth part I set forth the types of transforming crime. I think there are 5methods of division. The first divides it into standard transforming crime andlike-standard transforming. The second divides it into beyond-transforming crime andaddad- transforming crime according to the different reasons of transformation. Thethird divides it into the transforming crime with specific acts and the transformingcrime with specific results. The fourth divides it into complete transforming crime anduncompleted transforming crime. The fifth divided it into transforming crime withonly one crime in nature and that with several crimes in nature. The fifth part is mainly on the comparison between transforming crime and otherrelevant criminal forms, so as to further confirm the independence of transformingcrime. The sixth part is mainly on the legislation pattern of the present Criminal Law.First I declare that there are only 8 artic... |
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