| 英文摘要 |
The development of the concept of failed attempt has undergone the transition from objective judgment to subjective judgment. The objective concept of failed attempt was initially created by Italian and French scholars. The objective concept of failed attempt in Germany, however, had developed in parallel with it. v. Liszt had defined the objective concept of failed attempt as the following: The offender had completed all the criminal actions, but the outcome of the crime was determined not to occur. After that, Otto was the first one to establish the connection between the objective failed attempt and the offender's subjective cognition, and Hruschka officially proposed the subjective failed attempt based on the subjective cognition of the offender. Hruschka's concept had been greatly simplified by Schmidhäuser, and based on the concept of subjective failed attempt by Schmidhäuser, Roxin completely discussed the definition of failed attempt, the reasons for excluding withdrawal, the type of failed attempt, and connection with the repeatable criminal actions. Later it became the prevailing opinion of German academia, and also approved by Taiwan's counterpart. |
