| Summary: | 碩士 === 開南大學 === 法律學系 === 100 === Study of Non-accomplishment Crime in Taiwan
Abstract
This study aims at exploring the stipulation of "non-accomplishment crime " (the attempted) Article 26 of current criminal code. In view of the judgment criteria about "danger", and the interpretation differences of practice and theory, As regards the penalties of an attempt, whether to take on the objective attempted or the subjective attempted may result in the identification of " danger" , which are frequently controversial in some specific cases.
Therefore, in this paper, first the theory of "non-accomplishment crime "is put into description. Next, based on the theory, criteria are applied to judge the degree of "danger" and then a specific case is to set in operation. Finally, view the previous operation to evaluate what theory can be applicable to "non-accomplishment crime". The drawn conclusion can then be accepted by the public.
In conclusion, the findings of this thesis have shown that amended objective theory of danger (assuming theory) of probability was delivered under the supervision. In the case of trapping and reconnaissance will come to the result unable to be accepted by the public; nevertheless, it also a significant ignorance theory that few specific cases of "non-accomplishment crime" can be applicable but be almost all obstacle ones; for example, since the drawer, in the bad check case, remains fraud barriers and does not attempt based on significant ignorance of attempt; on the contrary, some cases are applicable to "non-accomplishment crime" in the specific danger theory, which can be accepted by the public; for example, since there is no danger of non-invasive claims, even though there is deliberation of fraud, it is also in the scope of fraud of "non-accomplishment crime ".
Keywords: non-accomplishment crime attempt specific danger
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