07/10/2022 11:59

Distinguish between completed and finished crimes

Distinguish between completed and finished crimes

Crime Complete and Crime Finish are two different stages of crime, these two times may or may not be the same. Distinguishing these two concepts is important to properly define the criminal responsibility of a criminal, accomplice or defense,etc.

Below is a breakdown table of the difference between Completed Crime and Ended Crime

 

COMPLETED CRIME

FINISHED CRIME

Definition

 - A completed crime is a crime that satisfies all the signs of constituting a specific crime specified in the Penal Code.

 - Completed crimes is legally complete..

 - A finished crime is when the offense has actually ceased..

 - When it comes to the end of crime, the end of crime is the actual end of crime.

Time of determination

 - Material constituent crime: completed when the offender has caused the consequences of the crime because in the material constituent crime there are signs of damage consequences.

 - Crime constituting the form: completed when the act described in the crime constituting the crime has been committed. In case the indication of objective conduct includes various acts, the crime is determined to be completed when all of these acts have been committed.

 - Crime constituting the crime of mutilation: completed when the offender has committed any activity aimed at committing the offence.

 - When the offender has achieved his/her purpose, the commission of criminal acts should be stopped.

 - When the offenders are prevented, they cannot continue to commit criminal acts.

 - When the offender arbitrarily stops committing the crime.

Thus, the time when the completed crime and the finished crime may or may not be the same, there are cases where the crime is considered completed but still continues, not finished. The criminal offence may stop at the stage of crime preparation or at the stage of unfulfilled crime and may also last beyond the completion of the crime.

Why is it necessary to distinguish between a crime that is completed and a crime that is finished?

– Determining completed crimes, distinguishing from incomplete crimes (in case of preparation of crimes and unsatisfactory crimes), is important to decide on penalties. Under the same conditions, completed offences must be considered more dangerous than unfinished offences. Therefore, it is necessary to decide on stricter penalties for offenders who have not met the standards or are not prepared to commit crimes.

- Determine the time when the crime ends meaningfully to apply other relevant regulations such as the regulation of legitimate defense (Article 22 of the Criminal Code 2015 of Vietnam), the regulation of criminal prosecution (Article 27 of the Criminal Code 2015). The basis for determining the legitimate right to defense, having an accomplice, applying the statute of limitations on criminal prosecution in the provisions of the Penal Code is on the basis of determining whether the crime has ended, not on the basis of determining whether the crime has been completed.

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Phuong Uyen
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