构成要件的推迟实现与构成要件的提前实现

Delayed Realization of Constitutive Requirements and Early Realization of Constitutive Requirements

构成要件的推迟实现,是指行为人原本预想的是由自己的第一行为引起结果,但第一行为并未引起结果,而实际上是由其后的第二行为引起了结果的情形;构成要件的提前实现,是指行为人原本的犯罪计划是,在第一行为之后由第二行为引起结果,但有违其预期,实际上是由第一行为引起了结果的情形。此类问题属于因果关系错误的一种类型,其解决最终仍然需要回归至犯罪论之根本:在客观方面能否认定构成要件该当性、在主观方面能否认定对该构成要件该当事实的认识,对此有必要进行个别研究,且仅此即可。

Delayed realization of constitutive requirements refers to the situation that the actor originally thought the criminal consequence is caused by his first act,but his first act haven't caused the criminal consequece,actually the criminal consequece is caused by his subsequent second act. Early realization of constitutive requirements means the situation that the actor originally planned his second act results in the criminal consequece after his first act,but contrary to the expectations,actually the criminal consequece is caused by his first act. These situations belong to a kind of the mistake of causation. Eventually its solution still should return to the root of criminal theory,whether we can identify the deserved constitutive requirements on the objective aspect,whether we can identify his acquaintance of the fact of constitutive requirements on the subjective aspect,it needs study individually,and it's enough.