Completion and End of a Crime

In the legal provisions and case law of the Criminal Code and the Criminal Procedure Code, there are cases where judgments are made on the basis of the end of the crime, not of the completion of the crime. For example, the calculation of the statute of limitations or the establishment of an accomplice is judged on the basis of its completion, not on its end. Therefore, the completion of the crime must be distinguished from the end of the crime. Paragraph 1 of Article 25 of the Criminal Code defines an attempted offense as a failure to complete the commission of a crime. According to this clause, the timing of the end of the crime coincides with the time of the completion. However, in reality, it is common for the timing of the end and the completion of a crime to not coincide. And in a number of cases, there has been much debate about when a crime should be considered to be the completion or end of a crime. Currently, there is no clear definition of the concept or theory of end and completion of a crime, nor a clear criterion for determining end and completion of a crime. In such a situation, it is often found that the judgment is based on the number of crimes or the timing of the completion of the crime, even though it should be judged on the basis of the end of the crime. Based on the text of the Criminal Code and the jurisprudence of precedents, this paper examines the concepts of the end and completion of a crime and the criteria for when a crime is considered to have completed or ended in a specific case.

Publication Details

Journal
Institute for Legal Studies Chonnam National University
Published
2024-08-31
DOI
https://doi.org/10.38133/cnulawreview.2024.44.3.89
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
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article

Completion and End of a Crime

Institute for Legal Studies Chonnam National University
Crime, Illicit Activities, and Governance
article

Completion and End of a Crime

article en

Abstract

In the legal provisions and case law of the Criminal Code and the Criminal Procedure Code, there are cases where judgments are made on the basis of the end of the crime, not of the completion of the crime. For example, the calculation of the statute of limitations or the establishment of an accomplice is judged on the basis of its completion, not on its end. Therefore, the completion of the crime must be distinguished from the end of the crime. Paragraph 1 of Article 25 of the Criminal Code defines an attempted offense as a failure to complete the commission of a crime. According to this clause, the timing of the end of the crime coincides with the time of the completion. However, in reality, it is common for the timing of the end and the completion of a crime to not coincide. And in a number of cases, there has been much debate about when a crime should be considered to be the completion or end of a crime. Currently, there is no clear definition of the concept or theory of end and completion of a crime, nor a clear criterion for determining end and completion of a crime. In such a situation, it is often found that the judgment is based on the number of crimes or the timing of the completion of the crime, even though it should be judged on the basis of the end of the crime. Based on the text of the Criminal Code and the jurisprudence of precedents, this paper examines the concepts of the end and completion of a crime and the criteria for when a crime is considered to have completed or ended in a specific case.

Institute for Legal Studies Chonnam National UniversityVol. 44(3)
Openalex Percentile: Top 76%
Crime, Illicit Activities, and Governance
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