On the Elements of Consequential Situations in Criminal Law
The"untypical"of the"result type situation"is that it does not describe the"result"itself.To distinguish between"result"and"result situation",we must conduct a coherent review on the basis of legal interest exploration.Through the test of causality and result attribution,the result elements that have no conditional relationship with behavior or do not meet the requirements of general result attribution that are all consequential situations.The existence purpose of consequential situations is not to express the infringement result of a specific legal interest,and the so-called legal interests cannot be directly derived from it.Even if the legislative model of abstract dangerous crime is adopted,it is still necessary to adhere to the concept of"consequential criminal law",and the attribution condition of"behavior leads to result"cannot be abandoned.In some abstract dangerous crimes,the occurrence of dangerous consequences"itself"cannot be expressed directly,but can only be represented indirectly by some consequential situations as an"intermediate item".In some abstract dangerous crimes,consequential situations are only the conditions for simply limiting punishment,but it is difficult to achieve logical self appropriateness in the system of crime theory,and it needs to be re-examined in the theory of legislation.In some crimes that violating personal rights,consequential situations can play the role of"reinforcing the illegality"of the existing and actual harm results.
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