In the last article of before A commits the crime, and A knows that B is very healthy, and he also inquires with the hospital where B goes to see. The result is that B has no malignant disease. In this way, B deceives A into saying that he has AIDS, and A “believes” this and then abandons rape cannot be regarded as an attempt. At this time, A is voluntarily giving up the crime and should be convicted of suspending rape.
The "Criminal Law" stipulates that if the suspended offense has not caused damage, shall be exempted from punishment; if damage is caused, the punishment shall be mitigated.
In addition, for attempted offenders, can be given a lighter or mitigated punishment as compared to completed offenders.
Conclusion For the judgment of attempted crime and discontinuation of crime, we must follow the order of first to judge the perpetrator objectively "can continue the crime", to judge the perpetrator subjectively "do you want to continue the crime" . When the perpetrator has a misunderstanding of "can continue to commit a crime", it depends on the perpetrator's subjective belief that he can continue to commit the crime to confirm his criminal form.
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