형법에서 사전 관점과 사후 관점의 부합원칙

The fundamental prerequisite to impose criminal sanctions is a infringement of obligation by the subject of crime. The infringement of obligation exists only to the extent possible the ability of the subject of crime. This is the basic precondition of criminal dogma. It is confirmed by the ex-post judgment that there was the infringement of certain obligation. However, such an obligation must always exist in advance(=ex-ante) in that it can be set only towards the future. The principle of correspondency means that ex-post judgement is must be made within the scope to be determined through ex-ante judgement. Judging by ex-ante, there must be the risk, the possibility of actions, the knowability, and the behavioral norms in order to say that there is a obligation for actor. This is the primary imputation. If the primary imputation was recognized in a individual case, we will be to judge whether he pulled the fulfill its obligations. This is the secondary imputation and ex-post judgement Namely, in order to impute the results that have already occurred to the offender, the risk that had been determined to be important in ex-ante should be realized. If it is determined to be riskless in ex-ante, there is no risk be created in ex-post. Thus in this case there is no need to consider whether the realization of the risk. In the extent corresponding between ex ante and ex post review, it is possible to be impute the criminal sanction. The principle of correspondency is not only to play a key role in the objective imputation of a result. This principle has important implications in the overall problem of criminal law theory such as intent and negligence, feasance and nonfeasance, consummation and attempt, impossible attempt.