Crime Constituent Element Theory

Author: [Japan] Kiyokichi Ono
Publisher:
Publish Date: 2004-01-01
Features: Criminal Constituent Element Theory thoroughly discusses the concept and theoretical function of constituent elements; the relationship between constituent elements and illegality and moral responsibility; normative and subjective elements in constituent elements; constituent elements and acts; constituent elements and causation; modified forms of constituent elements and their relationship with accomplices and multiple offenses; the role of constituent elements as a guiding image in criminal procedure; the relationship between constituent elements and public prosecution facts and grounds for litigation; constituent elements and evidence; constituent elements and the structure of appellate review, and other issues. It proposes that an act must conform to constituent elements and satisfy all of them, which is the basic condition for criminal liability; the illegality of an act, its deflection only negates its punishability; the moral responsibility of the actor, which is a normative judgment of condemning the act of a person who commits an illegal act from a moral standpoint; the attempt and accomplice are general forms of modified constituent elements; the determination of multiple offenses should be based on the sufficiency of constituent elements; the "facts that must constitute a crime" in procedural law must be understood as facts that conform to constituent elements, i.e., the facts of criminal constituent elements. Issues such as case jurisdiction in criminal procedure should also be determined by the facts of criminal constituent elements, etc. These fundamental viewpoints comprehensively elaborate the author's objective criminal constituent element theory. The six papers included in this book are systematic theoretical studies on the theme of criminal constituent elements in criminal law. Among them, the introductory work The Theory of Criminal Constituent Elements is the most recent, with some parts previously published, but the full text was first published in this book. The second work The Theory of the Sufficiency of Criminal Constituent Elements and the following papers were published after Showa 3 (1928) on various occasions. Therefore, there are many repetitions between the earlier and later texts, but this is an inevitable phenomenon in theoretical research. The significance lies in the fact that they not only record my research process but also largely document the development of constituent element theory in Germany and our Japan, so they are included here as well.