论不能犯

Study on Incapable Crime

不能犯是否可罚,因所持学说不同,各国做法不一。不能犯与普通未遂的区别在于有无侵害法益的现实危险。我国立法应明确规定不能犯。

Many countries have different opinions about whether the incapable crime will be punished. The difference between the attempted crime and the incapable crime is how to think of the danger. Thinking of our criminal law, the author advises that the incapable crime should be written in it.