论文部分内容阅读
不作为犯罪的成立以行为人负有一定的作为义务为成立要件,而先行行为是作为义务的产生来源已为各国刑法理论所承认。先行行为是由于行为人本身的行为对法益造成危险,从而承担一定的作为义务。本文主要论述了先行行为的范围,认为先行行为既可以是合法行为也可以是违法行为,犯罪行为也可以成为先行行为,但以刑法上未规定结果加重犯和其他罪名为限,作为和不作为都可以成为先行行为。
The establishment of a crime as a crime must be borne by the perpetrator as a condition for the establishment of elements, while the act of preemption as a source of obligation has been recognized by the theory of criminal law in all countries. The first act is due to the behavior of the perpetrator of the danger of legal interests, which assume certain obligations. This article mainly discusses the scope of the first act, that the first act can be either a legal act or an unlawful act, and the criminal act can also be the first act. However, the criminal law is not limited by the result of aggravating crimes and other crimes, Can be a first act.