早期的犯罪

Abhishek Kumar Mishra
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引用次数: 1

摘要

《印度刑法典》对恐吓犯罪的处罚是:“一个人的思想不能被魔鬼审判,一个人的思想不能被魔鬼审判。”但是,当这种意图是用语言表达的,并且可以从他的行为中推断出来时,该人可以被追究刑事责任。这意味着法律只注意到意图之后的一些公开行为。这仅仅是一个人意图对另一个人施加惩罚、损失或痛苦的表达。有时这相当于彻底的冒犯。第三个阶段是“尝试阶段”。“企图是在做好准备后公然实施犯罪的行为。”例如,如果一名男子在获得一支上了膛的枪后追赶他的敌人,但未能追上他,或者在他能够完成犯罪行为之前被逮捕,或者开火无效;在所有这些案件中,这个人都要对企图谋杀负责。但在另一种情况下,如果一个人买了一把枪,并装上子弹,显然是为了射击他的敌人,但没有使用武器的动作。在沉思阶段之后,下一个阶段被称为“准备阶段”。它包括设计或安排实施犯罪所必需的手段或措施。一般来说,准备犯罪是不应受到惩罚的。一个原因是难以证明,另一个原因是为了保护嫌疑人免受不必要的骚扰。但这条一般规则也有一些例外。在这些例外情况下,仅仅准备犯罪就会受到惩罚,因为它们排除了无辜意图的可能性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Inchoate Crimes
The Indian Penal Code punishes a person for criminal intimidation that “The thought of a man is not triable for the devil himself not the thought of a man.” But when this intent is expressed in words and can be inferred from his conduct, the person can be held criminally liable. It means the law only takes notice of an intention followed by some overt act.3, which is a mere expression of one’s intention to inflict punishment, loss or pain to another. Sometimes it amount to completed offence.4The third stage is the ‘stage of attempt.’ An attempt is an overt act towards the commission of an offence after the preparation is made. For example, if a man after having procured a loaded gun pursues his enemy, but fails to overtake him or is arrested before he is able to complete the offence or fires without effect; in all these cases the man is liable for an attempt to murder. But in another situation, if a person purchases and loads a gun with the evident intention of shooting his enemy, but makes no movement to use the weapon After the stage of contemplation the next stage is known as ‘the stage of preparation.’ It consists devising or arranging the means or measures necessary for the commission of the crime. Generally the preparation to commit an offence is not punishable. The one reason behind it is the difficulty in proving it and the other is to protect the suspected person from unnecessary harassment. But there are some exceptions to this general rule. In these exceptional cases the mere preparation to commit the offences are punished because they preclude the possibility of an innocent intention.
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