| In the crime theory of China, quantitative elements of crime should be treated as constituent elements. As a subjective reflection of essential factors of corresponding constituent elements, intent should include the underlying facts on which quantitative elements of a crime are based. Attention needs to be paid to the differences between “aggravated offense” and “aggravated types of conduct”, even though both can result in increased statutory penalties. Unlike an aggravated offense, which does not take the form of attempt, at the level of sentencing, there is a possibility of applying the provision on attempt to the type of aggravated act in the same offense. In this context, the determination of penalty can be approached at two levels, that is, the objective danger to legal interests caused by the act, and the subjective content of the perpetrator’s cognition. In the case of an attempt to commit lighter wrongful conduct that results in an aggravated one, which occurs within the constituent elements of the same offense, the accomplishment may be recognized at the level of the constituent elements of the offense, while further determining the question of whether there is an imaginary competition between the intent of lighter wrongful conduct and the negligence of aggravated conduct at the level of responsibility, and obtaining the sentencing balance through the upgrade of statutory sentence and the application of the provision on attempt. |
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