Study On Some Issues About Desistance Of Crime

Crime suspension as a familiar suspended situation of the intentional crime playsan important role in the commission of a crime. Although the scholars have beenstudied adequately for discontinuation of a crime, but it has rarely been discussed forthe discontinuance of crime penalty relief basis. And, due to the complexity of theactual situation, Discontinuation of a crime often appears with other unfinishedcriminal situation by coincidence. It makes legal workers have a lot of confusion. Inaddition, it has a great of dispute how to identify the discontinuation of joint offence. Ithink that it will make the theory of discontinuation more advanced, and providetheoretical support or legal standards for legal professionals, through to study someproblem of the discontinuation of a crime.Therefore, this article plans from three aspects the related question of crimesuspension to carry on the discussion:The first part：Legislative reason for discontinuation of crimes. It research thatwhy the crime laws mitigation of penalty below minimum statutory prescript, orexemption from punishment. This is the basic and core question of “discontinuation ofa crime”. In the article, Author compares the theory of discontinuation with Japan’sand Germany’s. And than, I consider that the criminal policy and the responsibility ofbehavior are the legislative reason for discontinuation of crimes.The second part: Discontinuation of a crime and other state of intentional crimeact in a concurrence. Discontinuation of a crime, Attempted Crime and Completion of the crime, they are all grouped into the situation of intentional crime. In certainoccasions, the two of the situation will act in a concurrence. In this case, there aredifferent opinions on how to identify the situation of a crime. Author research on thetheory of Germany and Japan, and than, he agree that it is the “discontinuation ofcrime” when they are in Concurrence between Discontinuation of a Crime andAttempted Crime. When they are in concurrence between Completion of a crime andAttempted crime, as a worker of law, we should consider the necessity firstly.The third part: Research on discontinuation of a crime for joint offence. Theabandonment of joint offence, especially, there is great argued with scholars when thepart behaviors of the joint offence give up committing a crime. In Judicial practice,the standard of “discontinuation of crime” is “the whole suspension theory”. But theviews of this paper agree that the standard of causes is more reasonable than theformer. So, the consequences of the crime shouldn’t have relation with the behaviorbefore the human give up the crime. At last of this paper, the author research on thehuman divorced from the joint offence. And consider that it should be identify asabandonment when the human give up committing crime and try their best to avoidthe result of the crime, though the consequences of the crime appears in the end.