頁籤選單縮合
題名 | 論澳門刑法中的事實錯誤與不法性錯誤=Error Concerning Fact and Error Concerning Unlawfulness in the Penal Law of Macao |
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作者 | 趙國強; Zhao, Guoqiang; |
期刊 | 行政:澳門政府雜誌 |
出版日期 | 19980600 |
卷期 | 40 1998.06[民87.06] |
頁次 | 頁595-600+661 |
分類號 | 587.14 |
語文 | chi |
關鍵詞 | 澳門; 刑法; 事實錯誤; 不法性錯誤; |
英文摘要 | As widely known, when apprehending the outside world situatins of disparity (between the objective reality and the representation of that same reality) inevitably occur on the part of the subject, originating situations of error. When the subject falls into error, there is a strong probability that its conduct may lead to results the subject itself did not desire or even tolerated. In order to exist deceit in a case of crime, in Penal Law, it is necessary for the agent to have a subjective attitude of wishfulness or, at least, of tolerance regarding the prejudicial results of the crime. If the producing of these typical and prejudicial results can be attributed to error (in the representation of reality) on the part of the agent, this fact is susceptible of removing the deceit. Situations of error directly linked with the existence or non-existence of deceit are dealt with in the doctrince under the designation of <<error in Penal Law>>. The theory of error in Penal Law assumes great practical relevance in the differenctiation between crime and <<non-crime>> and in the determination of different types of crime. The penal codes of many countries and regions include specific dispositions (relating to the problematic of the error) in the part concerning general prinicples. The same happens with the Penal Code of Macao, whose articles 15 �� and 16 �� deal precisely with the matter of error in Penal Law. The doctrine allows different ways of classification of the error in Penal Law, but tradicionally and frequently it classifies the error under error concerning the fact constituting the crime and error concerning unlawfulness. In effect, the Penal Code of Macao followed the same methodology in what regards the classification of error, its article 15 �� pertaining to the error concerning the circunstances of the fact and article 16 �� pertaining to the error concerning unlawfulness. In this text, the author prseents us with a more detailed analysis of this subject so as to shed further light on the matter. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。