preparation for a crime does not constitute a crime, but it is preparation for a crime that prepares tools and creates conditions for it. For the preparation of a crime, it may be lighter, mitigated or exempted from punishment according to the accomplished crime. Crime preparation refers to preparing tools and creating conditions for crime. Accomplished crime refers to that the form of criminal behavior stays in the preparatory stage of stopping the form for reasons other than the will of the perpetrator. The theory of criminal law in our country generally believes that the behavior conforms to the constitution of the crime is the basis for investigating the criminal responsibility of the perpetrator, and the preparatory behavior of the crime also has its constitution, which is a revision of the constitutive requirements of the crime and an unfinished form of the crime. This is the legal basis for investigating the criminal responsibility of preparatory acts. In the preparatory stage of the crime, although the criminal suspect did not actually cause harmful consequences to society, he was also socially harmful and needed to bear criminal responsibility, but he could be given a lighter or mitigated punishment or be exempted from punishment. As for how to lighten, reduce or even exempt the punishment, it should be decided according to the actual situation of the case. If necessary, professional criminal defense lawyers can be entrusted to assist in handling it, so as to strive for leniency as much as possible. There is no detailed provision in criminal law about what is the preparatory act for a crime. There are five common preparatory acts in practice: preparatory tools. For example, in order to rob, a large number of controlled knives were purchased. Practice criminal means. For pickpocketing, practice pickpocketing skills. Conduct a pre-crime investigation. Such as stepping on the spot before stealing and knowing the victim's situation before killing. Eliminate obstacles to committing crimes. Such as poisoning someone else's dog before stealing or robbing. Seducing a criminal also includes organizing a criminal group for the purpose of committing a certain crime, and the act of organizing and participating in a criminal group is also a crime preparation act. If you collude with criminals or organize criminal groups for theft or robbery, it is a preparatory act for theft and robbery. It should be noted that if the perpetrator organizes, leads, participates in terrorist activities or underworld organizations, it is an act, which directly constitutes a crime and needs to be severely punished by punishment.
Legal basis
Article 22 of the Criminal Law of People's Republic of China (PRC) prepares tools and creates conditions for committing a crime. For the preparatory crime, the punishment may be lightened, mitigated or exempted according to the accomplished crime.