In the criterion of distinguishing between attempted crime and completed crime, we first need to clarify the legal definition of the two. Attempt to commit a crime refers to a form of cessation of crime in which the criminal has already begun to commit the crime and has not succeeded due to reasons other than his will; The completion of the crime means that the criminal has completed the crime and has met all the elements of the established crime. The key difference between the two is whether the crime has been completed or not.
To make a clear distinction between attempted and completed crimes, it is first necessary to understand the concept of "completion of crimes". In law, the completion of a crime does not only mean that the perpetrator has carried out the specific acts stipulated in the criminal law, but more importantly, whether these acts have caused the corresponding criminal results. For example, in the crime of intentional homicide, the mere slashing at the victim does not count as the completion of the crime, unless the victim dies as a result.
In addition, we need to focus on the concept of "causes other than will". Causes other than volitional are those that are not intended by the offender and which prevent the offender's criminal act from reaching a completed state. For example, in a theft case, if the criminal is caught by the police while committing the theft, this is a cause other than volition that prevents the criminal act from reaching a state of completion.
In actual judicial practice, judging whether a crime is attempted or completed needs to be analyzed according to the specific circumstances of the case. For example, in the crime of intentional homicide, if the perpetrator merely stabbed the victim once, but did not continue to inflict the injury or cause the death of the victim, this may be considered an attempt; However, if the perpetrator has stabbed several times in succession, which ultimately resulted in the death of the victim, this may be considered completed.
In summary, the key to distinguishing between attempted and completed crimes is to determine whether the crime has been completed and whether there are reasons other than volitional reasons that prevent the criminal act from reaching the state of completion. In specific judicial practice, it is necessary to conduct a comprehensive analysis according to the specific circumstances of the case. At the same time, the correct understanding and application of this distinguishing criterion is of great significance for the fairness and authority of the law.
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