犯罪事实与构成要件

Criminal Facts and Constitutive Elements of a Crime

现在,构成要件是刑法学的概念,犯罪事实是刑事诉讼法的概念。二者同源于中世纪意大利的犯罪确证理论。随着刑事立法的发展,实体法与程序法的分离,犯罪事实作为刑事诉讼法的概念而被延续下来,而构成要件作为成立犯罪的第一要素,专属于刑法。

Now, constitutive elements of a crime is a conception of criminal law, while criminal fact is a conception of criminal procedure law. Indeed they originated from the constare de delicto theory in Italy. As the development of criminal law and the division of criminal law and criminal procedure law, criminal fact has been accepted as a conception of criminal procedure law, constitutive elements of a crime had become the first element in the process of determining crime.