On The Impunity of Impossible Attempt——From the Perspective of the Evaluation of danger
The impunity of impossible attempt is mainly based on the evaluation of danger,including the understanding of danger concept and the determination of dangerousness. Whether the danger exists or not is a purely objective evaluation,but the conversion of the factual danger to the danger in criminal law is a normative evaluation. In terms of the objectivity,certainty,stability,and consistency of the evaluation,the standard of scientific laws has unparalleled advantages. In respect of guaranteeing the objectivity,the proper handling of mistakes and derivative liability of accessories,etc.,the standard of"all facts attending the conduct"is also uniquely desirable. Because of the nature of danger as"result"and the special structure of its evaluation,it can only be determined in the trial. Specifically speaking,the modified standard of hypothetical facts shall be adopted,and the criterion shall apply to both method and object impossibility. The hypothetical substitution cannot be replaced by the ex-ante evaluation,and the impunity of attempt with object impossibility needs not to be justified via " lack of actual danger to the legal interest".
【CateGory Index】： D924.1