三是从规范的意义上分析预备犯的自身逻辑矛盾;
The logical contradiction of preparation for a crime is analyzed from the aspect of normative significance;
其事实根据是行为人实施了符合预备犯犯罪构成的实际行为。
It's fact basis is the actual behavior that the behavior person had put match up Preparation for crime's composition of crime.
预备犯的概念及其成立的条件应在“罪行严重”和“对法益构成严重的威胁”的基础上进行重构。
The concept of one who prepares for a crime and the condition of its establishment should be rebuilt on the basis of "the quilt is serious" and "it poses great threats to legal interest".
原则上处罚预备行为反映了刑罚权在发动时间上的过早提前,仅通过总则的规定处罚缺乏实行行为的预备犯违反了罪刑法定原则,导致了事实上的主观归罪。
Thus, to impose a punishment for a preparation that lacks performance must result in a subjective incrimination that is against the principle of " No crime or penalty without a law authorizing it."
犯罪预备形态是犯罪未完成形态之一,其基本特征理论上几无争议,但犯罪预备与犯意表示、阴谋犯的区别理论上仍然有不同的认识。
However, in theory there are still various views on the difference between preparation for a crime and expression of criminal intent and offense of conspiracy.
作为故意犯罪,牵连犯也有犯罪既遂、犯罪预备、犯罪未遂和犯罪中止多种犯罪停止形态。
As an intentional crime, Implicated Offense also has some suspending forms, like Accomplished crime, Preparation for crime, Criminal Attempt, and Discontinuation of crime.
作为故意犯罪,牵连犯也有犯罪既遂、犯罪预备、犯罪未遂和犯罪中止多种犯罪停止形态。
As an intentional crime, Implicated Offense also has some suspending forms, like Accomplished crime, Preparation for crime, Criminal Attempt, and Discontinuation of crime.
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