2004Xiandai faxueRequires access

Criminal Intent from the Bi-Dimensional Viewpoints

Mei Chuan-qiang

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Abstract

Criminal intent is the result which the offender desires to realize by committing the crimes. From the static point of view, it is a criminal conscience in the sense of conceptual state and preliminary reflection in the mind of offender about the superficial aspect of harmful consequences. On the other hand, it is based on the criminal motive and a being and manifestation of that in the stage of carrying out crimes from the dynamic viewpoint. In effect, the process of expanding and realizing the criminal intent is just a process of formation and expression of criminal will. The attempt of crime, that is to say, failing to accomplish the criminal purpose means that the criminal will is not integrated. Thus, from the viewpoint of criminal form, it can be acted as the simple and most direct standard of holding concerned with the criminal attempt that the offender fails to achieve the purpose of crime.

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What this paper is about

Criminal intent is the result which the offender desires to realize by committing the crimes. From the static point of view, it is a criminal conscience in the sense of conceptual state and preliminary reflection in the mind of offender about the superficial aspect of harmful consequences. On the other hand, it is based on the criminal motive and a being and manifestation of that in the stage of carrying out crimes from the dynamic viewpoint. In effect, the process of expanding and realizing the criminal intent is just a process of formation and expression of criminal will. The attempt of crime, that is to say, failing to accomplish the criminal purpose means that the criminal will is not integrated. Thus, from the viewpoint of criminal form, it can be acted as the simple and most direct standard of holding concerned with the criminal attempt that the offender fails to achieve the purpose of crime.

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Available abstract

Criminal intent is the result which the offender desires to realize by committing the crimes. From the static point of view, it is a criminal conscience in the sense of conceptual state and preliminary reflection in the mind of offender about the superficial aspect of harmful consequences. On the other hand, it is based on the criminal motive and a being and manifestation of that in the stage of carrying out crimes from the dynamic viewpoint. In effect, the process of expanding and realizing the criminal intent is just a process of formation and expression of criminal will. The attempt of crime, that is to say, failing to accomplish the criminal purpose means that the criminal will is not integrated. Thus, from the viewpoint of criminal form, it can be acted as the simple and most direct standard of holding concerned with the criminal attempt that the offender fails to achieve the purpose of crime.

Key concepts: Viewpoints, Criminal investigation, Process (computing), Criminology, Criminal law, Criminal procedure, Law, Theory of criminal justice

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