遂后补救行为初探——对充分利用刑罚减免制度有效避免、减轻犯罪结果的思考

First exploration on remedy behavior after accomplishment of crime——Reflection on taking full advantage of the system of penalty derating to avoid and lighten criminal result

遂后补救行为是指在犯罪既遂后,行为人主动避免紧迫性危险结果或者减轻可逆性实害结果的行为。遂后补救行为应具备回溯性、时效性、主动性和多样性几个条件,补救行为与犯罪中止具有相似性。在一定程度和范围内承认行为人的遂后补救行为,有助于充分实现刑法的保护和保障机能,立法对此应作出相应规定。

Remedy behavior after accomplishment of crime refers to that the doer takes measures to avoid urgently dangerous result or to lighten reversible harm on his or her own initiative after a crime was accomplished. It has a similarity with suspending of crime and will satisfy such requirements as reversibility, timeliness, initiative and diversity. Recognition on certain degree and range of the remedy behavior after accomplishment of crime helps to realize the protective and guarantee function of criminal law, therefore legislation should make some corresponding regulations to it.