Continuing Crimes: What They Are and What Are Their Judicial Consequences

Continuing Crimes: What They Are and What Are Their Judicial Consequences

Talking about continuing crimes is important for several reasons. Continuing crimes are crimes in which the criminal conduct continues to have consequences even after its initial occurrence. They are distinguished from instantaneous crimes that are completed at the time of commission.

Understanding the nature of continuing crimes is essential for the correct interpretation of criminal laws and regulations. Crimes may require different interpretations regarding statutes of limitations, territorial jurisdiction, and other legal aspects. Therefore, knowing this difference becomes crucial for the proper administration of justice.

Therefore, discussing continuing crimes is fundamental to legal understanding, victim protection, legislative updating, prevention, and awareness. By considering these crimes, we seek to promote justice, safety, and the well-being of society as a whole. Thinking about the relevance of the topic, the lawyers at https://rednoticechina.com/services/extradition-lawyers/ have prepared this article.

What are permanent crimes?

Continuous crimes are crimes in which the offense continues to have consequences even after its initial commission. Unlike instantaneous crimes, which end at the moment of commission, continuous crimes involve criminal behavior that continues over a long period of time, remaining continuous even after the initial actions of the agent.

A permanent crime occurs when an unlawful act does not end with a single act, but continues to affect the victim or society while maintaining the circumstances that characterize the crime.

In other words, the completion of the crime does not occur at one moment, but continues until the conditions that characterize it are interrupted.

Examples of continuing crimes include kidnapping, false imprisonment, continuing extortion, continuing threats, continuing domestic violence, continuing deception, etc. In these cases, the crime is considered ongoing as long as the criminal situation persists, even if the initial act has already occurred.

The nature of the crimes has legal consequences, especially with regard to the statute of limitations, which is the period established by law for the state to initiate criminal proceedings against the perpetrator of the crime. In complex crimes, statutes of limitations may be calculated from the moment the conditions characterizing the crime cease to exist.

How do continuing crimes differ from instantaneous crimes?

The distinction between continuing crimes and instantaneous crimes follows the same general principles mentioned above. The main differences between the two types of crimes are as follows:

  • Duration of the criminal conduct: in continuing crimes, the criminal conduct continues in time, continuing to cause consequences beyond the initial act. In instant crimes, the criminal conduct is completed in a single act without any duration in time.
  • The moment of completion: in instant crimes, completion occurs at the moment when the criminal act is carried out. Once the act is completed, the crime is considered committed. In continuous crimes, completion does not occur instantly, since the offense continues to produce consequences over time.
  • Continuing consequences: in crimes, the consequences of the offense persist over a long period of time, remaining ongoing even after the initial act. On the other hand, in instant crimes, the harm caused by the crime is immediate and has no lasting consequences.

These differences are established by the Criminal Code and case law, which define the characteristics and classification of continuous and instant crimes.

How is the moment of completion of the crime determined?

When determining the moment of completion of a complex crime, it is important to take into account several aspects. Let's see how these elements relate.

The first thing to look at is the initial act, which is the starting point of a continuous crime. It is the criminal conduct that initiates the crime and causes it to continue. This initial act must contain the essential elements of the crime, that is, the elements that characterize the crime in question.

In addition, the completion of a continuous crime is determined by the continuity of the harm caused or the criminal consequences. As long as the harm persists, the crime is considered to be definitively completed. This means that the offense continues, causing harmful consequences for the victim or society.

What are the legal consequences of continuous crimes?

The legal consequences of continuous crimes are broad and cover several areas of the legal system. Let's see how these consequences are related:

One of the most relevant consequences is the statute of limitations, which is the period established by law for the state to initiate criminal proceedings against the person who committed the crime.

In cases of complex crimes, the statute of limitations usually begins to run from the moment the conditions characterizing the crime cease to exist. This means that statutes of limitations can be calculated from the moment the criminal conduct ends or the harmful effects cease.
Read also: Crimes against the Person: Categories and Punishments

Leave a Comment

200d0f7fceaf3fcccd3b55c14a3e38ba