连续犯既遂与未遂的界定问题研究——以个案为视角

A Study of the Differentiation between the Accomplished and Not Accomplished Crimes by Recidivists from the Perspective of a Specific Case

连续犯是裁判上的一罪,只能认定为一罪,如果部分既遂部分未遂,依据部分全体的认定原则,应认定为犯罪既遂。敲诈勒索罪是典型的目的犯,在判断其既遂与否时,应以行为人的犯罪目的是否实现为标准。如果被告人对敲诈勒索获取钱款的行为供认不讳,且有其他证据辅证的,即使被敲诈人没有报案,也可认定为证据确实、充分。

Recidivism is a crime in the jurisdiction, and can only be regarded as a crime. If there are some unaccomplished parts involved in the accomplished crime, we will regard it as an accomplished crime according to the principle of regarding parts from the whole. Blackmailing is a typical crime on purpose, so we should consider its purpose according to whether the purpose is accomplished or not while discussing about it. If the accused confesses his or her action of blackmailing and there is also some supporting evidence, we also think the evidence is sufficient even if the victim of the blackmailing does not report the case.