间接故意犯罪的认定

On Verification of Indirect Intentional Crime

间接故意犯罪中的“放任”是一种不计后果和不希望的心理态度 ,并具有附属性与转化性 ;明知结果必然发生而放任的是直接故意而不是间接故意心态 ;间接故意犯罪只有犯罪成立与否的问题 ,不存在犯罪未遂、既遂等犯罪形态的划分问题。

Indirect intentional crime refers to an act committed by a person who clearly knows that his act will lead harmful consequences to society and still let it be by recklessness. 'Recklessness' is a mental attitude that do not minds and no-wish about the consequence, it has the character of attachment and translation. If one clearly knows that his act will inevitably lead the result appear and still let it be with recklessness, this kind of intention mind is direct intentional crime. The differences between direct intentional crime and indirect intentional crime lies three aspects. Namely, how about the degree of the actor realize himself act will lead the consequence, what kind of mental attitude of the actor about the consequence will appear or not, how many kinds of stage of intentional crime.