| Elements of the offense and the objective punishment conditions are mutually exclusive. The elements of the offense have the feature of categorization and that of substantial wrongfulness. The determination of the feature of categorization relies on the theory of objective attribution. In short, the act’s categorized danger leads to the consequences of offense. When it comes to the identification of substantial wrongfulness, it is necessary to examine
whether a certain element provides substantial basis for the wrongfulness of the act in question. In this sense, the "aggravating" in "aggravating circumstances" is the appraisal element of the degree of wrongfulness, the“multiple”in“multiple larcenies”is the statistic element of the wrongfulness, and "the substantial amount of illegal proceeds" in copyright infringement is just an indirect symbol to represent the degree of wrongfulness. All of them belong to objective
punishment conditions.
When the legislature sets the objective punishment conditions as the conditions of pursuing criminal liabilities, the objective punishment conditions become an element of the offense in the sense of pursuing criminal liabilities. And when the legislature sets the objective punishment conditions as the conditions of establishing defenses, then the objective punishment conditions become an excuse for exculpation. In this sense, paragraph six of Article 241, paragraph four of Article 201 and the "refuse to return" in Article 270 all belong to passive objective punishment conditions.
Wrongfulness and culpability only indicate punishabilitv, while objective punishment conditions deal with the necessity of punishment. Since they tend to restrain the operation of punishment, objective punishment conditions will not challenge the doctrine of culpability. |
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