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On Commitments in Criminal Law/Sur Les Engagements en Droit Penal (Report)

Canadian Social Science 2011, Feb 28, 7, 1

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Description

1. THE CONCEPT AND NATURE OF COMMITMENT When the perpetrator infringes on the legal interests of the owner of legal interests based on the commitment of the owner of legal interests; perpetrator's behavior normally does not constitute crime. When the commitment relates to if crime constitutive requirements are complete, the conclusion that the behavior does not constitute crime can be explained through the fact that the committed behavior does not complete crime constitutive requirements. When the commitment has nothing to do with crime constitutive requirements, since most of criminal laws do not have clear definition to allow eliminating the crime, the commitment can be treated as supra law crime elimination cause. But how does the commitment become supra law crime elimination cause, or what is the nature of commitment? There primarily are following opinions in continental law system theory (Zhang, 2007).