Dómsmál: Afturköllun og afglöp

Full Completion Stage

• When the full completion stage of a crime is moved forward, the intent must apply to the crime as it is without the full completion stage being moved forward.
• Rules concerning attempts that appear in Articles 20 and 21 of the Criminal Code apply even if a crime is fully committed according to the penal clause.
• The crime is symmetrical.
• It is less likely that an attempt at a crime will take place.

Conduct

• When assessing whether conduct falls under the concept of omission, it must be assessed whether the person is able to carry out the act.
• Murder can never be committed by omission.
• Direct omission offenses are always symmetrical.
• Indirect omission offenses can be torts, in which case the conditions for causation and probable consequence apply to the crimes.

Classification of Crimes - Omission

• Parents or other guardians of incapacitated children may incur independent or derivative criminal liability if they show culpable neglect of the criminally punishable actions of their children.
• Article 231 of the General Penal Code (breaking and entering) describes omission offenses, among other things.
• When assessing whether a person has violated Article 120 of the General Penal Code, experience and knowledge related to the use of emergency flares does not matter.
• In the case of a crime of carelessness, the accused can be subject to penalties, among other things, as the law expressly indicates.
• The question is not whether the perpetrator of the crime knew of the risk, but whether the perpetrator was consciously reckless, i.e., did not realize the risk or assumed that it was manageable.

Classification of Crimes - Financial Crimes

• The perpetrator must be aware of the risk of loss or damage to the property, and there is no proof of the risk.
• The perpetrator must be aware of the risk of loss or damage to the property, and the risk is not unavoidable.
• The perpetrator must be aware of the risk of loss or damage to the property, and the risk is not unavoidable.

Þetta quiz fjallar um afturköllun og afglöp í refsirétti, þar á meðal um öll atriði sem tengjast brotum og áhættu. Vinnum við kenningar um misferli, samræmi og ábyrgð foreldra. Athugum hvernig úrræði og ákvarðanir hafa áhrif á gildandi refsiverk.