论结果犯既遂后中止

On the Discontinuance of the Accomplished Offence of Consequence

传统理论通说将犯罪中止的期间界定为犯罪预备开始至犯罪既遂前,认为犯罪既遂后就不能成立犯罪中止。这一通说混淆了犯罪既遂与中止的评价标准,前者"以行为是否符合刑法分则规定的全部要件"为标准,后者"以是否自动有效防止犯罪结果的发生"为标准,两者分类标准不同一,则两者均可能存在于犯罪完成阶段。笔者认为,有的结果犯既遂后仍可成立犯罪中止。文章对这一命题进行了法理分析,进而指出认定结果犯既遂后中止的现实意义。

As it is commonly accepted in the traditional theory that the time for discontinuing a criminal offence is between the plan to commit the crime and the time before the accomplished offence, arguing that the discontinuance should not be set after the accomplished offence. This mixes up the evaluation criteria for the accomplished offence and the discontinuance; the former is based on the criterion ＂whether the offence accords with all the documents stipulated by the sub-regulations of the criminal law,＂ and the latter is based on the criterion ＂whether the crime is prevented effectively from happening. ＂ The criteria for both classifications are different; thus the two cases may occur at the accomplished stage of the crime. In the opinion of the writer, the discontinuance may sometimes occur after the accomplished offence of consequence. This paper makes a legal analysis of the proposition and then points out the realistic significance of determining the discontinuance after the accomplished offence of consequence.