Analysis on criminal cases the answer 1

  • Created:
  • / Author: Aaron Lewis
Case analysis: analysis of the science of criminal law
Case 1
Bian Moumou crime of intentional homicide, and should be applied in China's criminal law shall be prosecuted for criminal responsibility. Bian X in retaliation for the others, and in a fight affray, process, use kitchen knife stabbed the victim, stabbed to death. In accordance with the provisions of article 293rd of the criminal law, the crime of affray causing serious injury, death, should according to the circumstances in the crime of intentional injury, intentional homicide conviction and punishment. Bian in knife stab people, subjective intention is not clear, the others died, injury were laissez faire attitude, therefore, to the victim's death (indirect) he should bear criminal responsibility of intentional homicide. According to the provisions of the criminal law article sixth and article eleventh, all crimes within the people's Republic of China, except foreigners who enjoy diplomatic privileges and immunities, shall apply to the criminal law of our country. Bian A is an ordinary foreign students, foreigners do not belong to enjoy diplomatic privileges and immunities, self application of our criminal law shall be prosecuted for criminal responsibility.
Case 2
China's criminal law to Li Xuepei, Wang Yiyong should be applied. Li Xuepei, Wang Yiyong's behavior, which belongs to the citizens of people's Republic of China in the field of the people's Republic of China and foreign criminal case. According to the provisions of article seventh of the criminal law of our country, citizen of the people's Republic of China outside the people's Republic of China constitute the provisions of our criminal law of the crime, in our criminal law are applicable. Li Xuepei, Wang Yiyong is employed in American ship, killing in the ships anchored in Brazil, should be in accordance with the provisions of article seventh of the criminal law for the criminal law of our country.
---------------------------------
Case 3
In the three case the act shall apply in our criminal law shall be prosecuted for criminal responsibility. The reason is: drug trafficking three behavior is partly implemented in China in the field of. According to the criminal law of our country stipulates in article sixth, where in the territory of the people's Republic of criminal behavior, except the law has special provisions, shall apply to our criminal law; crime or criminal consequence takes place within the people's Republic of China, belong to the crime in China in the field of. The three act plot drug trafficking is in abroad, but the implementation of drug action in China in the field of crime in our country, which belongs to the field of the criminal law of our country, shall apply. Temperature source and are foreigners, but does not belong to the criminal law eleventh stipulation enjoy diplomatic privileges and immunities, also apply the criminal law of our country.
Case 4
On Liu felled tree behavior should be investigated. According to the provisions on limitation of prosecution in China criminal law, crime applicable statutory penalty of not more than 5 years in prison for 5 years, the limitation of prosecution. Liu in March 3, 1993 committed crime of felling trees, in accordance with the provisions of the criminal law in 1979, the highest legal punishment for the crime of felling trees for a period of 3 years. The limitation of Liu committed the crime, this shall be 5 years, that is to expire in March 3, 1998. But the limitation of prosecution in the criminal of the crime of felling trees has not expired, Liu on March 12, 1997 and the implementation of the rape crime. According to the provisions of the criminal law, the limitation period for prosecution deadline and crime, crime after the crime from the date of recalculation, namely the aging of the crime before the interruption, have elapsed time is invalid. So, Liu is such and such of the crime of felling trees 5 years prosecuting effect from the beginning of March 12, 1997 to calculate, in July 4, 1997 is still within the period for prosecution, shall be investigated for criminal responsibility according to law.
Case 5
Relying on the act constitutes a crime, shall be punished for the crime of intentional injury. The reasons are: (1) Lai blow plainclothes police behavior belongs to the imaginary defense, should bear the criminal. Lai harm behavior. In fact, the behavior is not illegal infringement plainclothes police, Lai of imaginary defense unlawful infringement, shall bear criminal responsibility shall be. (2) Lai undercover policemen to harm behavior is intentional. In this case, there is some undercover policemen to negligence on whether the infringer cohorts of understanding, but is harmful behavior of plainclothes police intentionally, not negligence. (3) Lai did not recognize the plainclothes police identity, intentionally subjective without obstructing police duty, not to prejudice official convicted and punished.
Case 6
Shi is the act constitutes a crime, shall be investigated for criminal responsibility according to law. The reason is: the crime into action and omission of two kinds of basic form. Not as a crime, is refers to the behavior person has the ability to block some harm results perform some obligations, but did not implement the behavior. Has the legal obligation between the Shi and his wife, in his wife's life when, Shi has the obligation to actively aid. But Shi has no bailout. But also don't let the neighbors help, eventually led to his death, its behavior belongs to omission offense
Case 7
Zhang Moumou behavior belongs to the new crime committed during the execution of the situation. According to the provisions of the criminal law of our country, in this case, shall make a judgment on the new crime, the former crime did not execute the penalty and punishment imposed for the latter crime was punished, and the decision shall execute the penalty. That way the first decreased and after punishment.
Case 8
On Wei Chunfeng's behavior should be to robbery crime shall be given a lighter or mitigated punishment, and shall not apply the death penalty. The reason is : criminal law provisions in China, has over 14 years of age under 16 years of age, the crime of intentional homicide, intentional injury causing serious injury or death, or rape, robbery, drug trafficking, arson, explosion, poisoning crime, should bear the criminal. At the same time, the full 14 years of age under the age of 18 crimes, shall be given a lighter or mitigated punishment; the crime under the age of 18, the application of the death penalty. In this case, Wei Chunfeng robbed and escape two behavior, according to the law, he shall not bear criminal responsibility to the escape behavior, should the court to robbery crime conviction. In the sentence, not to the death penalty, and shall be given a lighter or mitigated punishment.
Case 9
Ma Moumou conduct does not constitute crime of carnal knowledge of a child. The reason is: the crime of carnal knowledge of a child is known to be under the age of 14 young girls to have sex with the behavior of. Certain while under 14 years of age, but the height of 1.62 meters, and the horse so that he was 17 years old, according to the situation at that time, the horse so and so can not know the true age, and the lack of subjective aspect of the crime of carnal knowledge of a child must have "knowledge", and therefore can not constitute the crime of carnal knowledge of a child.
Case 10
Tian Moumou conduct does not constitute the crime of transporting drugs. Because according to the provisions of the criminal law, the crime of transporting drugs is a deliberate crime, the perpetrator knew drugs and to transport behavior. In this case, Tian X was entrusted to help others carry drugs, and he didn't know about the drugs, lack of subjective deliberately drug transport crime. Therefore cannot constitute a crime. This deluded into other criminal tools, used cannot constitute a crime, shall be investigated for criminal responsibility should be directly using the. In the theory of criminal law called the indirect perpetrator.
Case 11
Li Jian's crime of intentional homicide. Li Jian in trouble, being chased, he intended to catch the man stabbed or stabbed to death. In the implementation of behavior, his pursuer is dead or wounded in a laissez faire attitude, and should be convicted according to actual results. In this case, Li Jian's behavior led to the death of another result, should belong to the indirect intentional homicide. As for the Li Jianben wanted to kill the pursuers had killed his friend, belongs to the crime object error, object and homicide does not belong to the scope of elements of the nature, object error does not affect the behavior of crime.
Case 12
Zhu Mou of Wang death mental attitude is the indirect intent, criminal responsibility shall be in accordance with the law. Zhu Moushen for the public security police, in the absence of finding out the truth of the case, to shoot people shooting, intent to injure others. Although under the conditions at the time, Zhu on whether hit Wang had no exact grasp, but hit or miss are within the scope of its will hit, Wang, Zhu subjective is a laissez faire attitude, to hit after Wang Mou is dead or wounded also laissez faire attitude, belongs to the indirect intent. Zhu at the fire, not the existence of unlawful infringement, does not have the condition of justifiable defense, two is the only other suspicious appearance and movements he opened fire, do not perform their duties in accordance with law basis. Therefore, Zhu for his conduct shall bear criminal responsibility according to law.
Case 13
On Mr. Wu should be the crime of intentional injury (to death) of conviction and punishment. Because: Wu Moumou and uncle disputes, wanted revenge, holding the stick to hit his uncle, have intentionally hurt other people's subjective, objective implementation against the behavior of others, harm the death of another, in full compliance with the constitution of the crime of intentional injury. As he would blow his uncle and his father hit the wrong, to combat error. The combat error, can not change the nature of human behavior
Case 14
Ma Moumou constitute negligence mayhem. Because: Ma Moumou and victims say hello to the bicycle wheels that shooting, horse so and so just want to and Zhao Moukai a joke, has no subjective hurt Zhao deliberately. Ma Moumou have foresee own behavior may hurt others consequences, but, pass from paternity technology, that can avoid the results, but in fact it is unable to avoid. This mental attitude, which belongs to the overconfident negligence. According to the provisions of the criminal law of our country, criminal negligence, he should bear criminal responsibility. Ma Moumou constitute the provisions of our criminal law negligently crime, criminal responsibility shall be in accordance with the law.
Case 15
Yang's act constitutes a crime, the subjective is the fault of negligence. The snake will bite the casualties caused by the fact that, Yang x cognition. In the play the snake, he should foresee their snake, if inadvertently may occur snake bites, bite the results, but due to concentrate on playing, not aware of the danger of not to take certain precautions, so that in Zhuang Moumou stoop, snake to bite, lead to serious consequences right leg amputation, Yang is a subjective is the fault of negligence. According to the provisions of the criminal law, Yang x constitutes negligently crime, criminal responsibility shall be in accordance with the law.
Case 16
Zhang's behavior belongs to the accident. For brake failure caused the car crashed into the Yangtze River caused death in advance, Zhang has no subjective foresight. Harm outcomes did not foresee subjective, there are two cases in criminal law theory: one is the fault of negligence, the two was an accident. A careless negligence, the perpetrator did not foresee own behavior will cause socially dangerous consequences, because he has the ability to recognize, namely should foresee but because of negligence and unforeseen accident; composition, that behavior is not foresee own behavior will entail harmful consequences to society according to his understanding, the reason is the specific conditions and then, he could not have predicted, i.e. no cognitive ability. In this case, Zhang drive failure, because of mechanical failure caused by vehicles, Zhang has on the failure did not foresee ability, which belongs to the accident
Case 17
Wang acts do not belong to the event of force majeure, Yang constitute negligence mayhem.
(1) Wang XX in Yang and he make fun of, has foreseen the take knife own hands may hurt others, has repeatedly warned of Yang don't make fun of, the objective is to take certain measures, prevent the knife stabbed. But because of Yang's push, Wang Mou will behind Zhao stabbed by standing instability backwards, in Wang 21 XX speaking is caused by an irresistible law, is not a force majeure event, do not bear criminal responsibility. (2) Yang that Wang Mou hand boning knife may hurt others, and Wang has repeatedly reminded, still hold Wang backwards, subjectively been foresee own behavior may cause socially dangerous consequences, too self-confident negligence credulous can avoid actually happened the results of the harm to society. Should be to negligently crime shall be prosecuted for criminal responsibility
Case 18
Shen Wu's death does not bear criminal responsibility. The reason is: Wu day in the hospital bed, no one to remind the Shen be, Wu was asleep, and his head to toe covered with plastic sheeting, in the world of light rain, the evening around 11 dark weather condition, Shen found no sleeping on the ground of wu. Why not foreseen, because under the conditions at that time, Shen impossible to foresee. Since Shen Wu sleep in the hospital can not be foreseen, in reversing the crush also belongs to the accident on the criminal law, is not to bear criminal responsibility.
Case 19
Pu's behavior belongs to the preparatory crime of robbery. Preparation for a crime and attempted crime is behavior person because of his will and forced to stop crime. Two kinds of fundamental symbol of unaccomplished crime difference, is to look at the behavior in the criminal stage: in embarking on before the specific criminal acts constitute a crime, be ready; if in has started after the implementation of specific criminal acts constitute a crime, will be attempted. In this case, a trailing the victim and victim, while not pay attention to break into the room, has not yet started looting specific, still belongs to the crime of robbery is convenient to manufacture conditions in the stage, therefore, should be prepared to commit robbery sentenced, does not constitute a crime
Case 20
Shen behavior belongs to the attempted crime of theft. According to the theory of criminal law and judicial practice, theft crime is to all the people, Property Custodian lost control and behavior of actual control standard. If only the behavior control items, but all people, property supervisor has not yet out of control, theft has not yet reached the completed state. For the safe such bulky items, need people to move the factory district, the factory will lose control, can achieve the control of crime. In this case, Shen was unable to open the safe, but will be moved to the factory laboratory, Shen control a did not obtain property, the factory also has not lost control of his property. Seized under the state, should be based on a certain Shen attempted theft processing.
Case 21
Cao, Luomou crime of intentional homicide (attempted). Cao, Luomou has subjective poisoned Liu intentionally, objectively also implemented a poison Liu's behavior, but because of the wrong understanding of criminal tools -- the effect to the two person poison, they want results failed to happen. This result did not occur, is caused by their will, is to go against their will. According to the theory of criminal law of our country, which belongs to the impossibility of instruments, the actors shall be treated as attempted crime.
Case 22
Yemou constitutes the crime of rape (attempted). Yemou to steal the road, meet dresser Yang, the rape intention, and from up behind, on the Yang neck, hand solution belt, is the crime of rape to start. However, in the process of continuing crime, Yemou found Yang is a male, to his surprise, natural no way to continue the implementation of crime, due to reasons other than the behavior belongs to the will of the people and forced to stop crime, attempted crime. This situation, in the theory of criminal law is called the object impossibility.
Case 23
Lee's behavior belongs to the discontinuation of the crime of rape. To examine the behavior is the preparation for a crime, attempted crime and discontinuation of a crime, should first grasp the behavior causes people not completed crime. If the crime is due to their will stop within the criminal, to continue to implement the crime under the various motives and based on the initiative to give up crime, are the discontinuance of crime; if the criminal act is due to stop crime out of will, enough to stop the crime to the implementation and the criminal to give up crimes, according to the behavior in the preparatory stage and implementation stage to respectively constitute crime or attempted crime. In this case, Lee in the process of the implementation of the rape crime in the crime, stopped to implement, not the causes beyond volition and had to give up crime, but because be afraid on up and up, take the initiative to stop the crime, discontinuation of crime. As for the victim that people want to come to, and not be reason enough to prevent behavior to continue in sin, and in this case can not be the crime has not
Case 24
Discontinuation of Liu's behavior belongs to the crime of theft. Liu in the lifting process, the warehouse water stabbed knocked over, a huge sound, it is other than he will phenomenon. However, people will act in the crime and the crime to stop crime, crime is suspended or attempted crime, to study the effect of this phenomenon on the offender, if other than the will of the phenomenon, but not enough to prevent the crime and crime continue to implement, based on this kind of adverse conditions and active give up crime, should be discontinued crime; if will occur and to prevent criminals continue to commit the crime, should be attempted crime. In this case, Liu in the theft of the process, knocked over the bucket, with a great voice, just for him to continue the implementation of theft made adverse conditions, are not enough to prevent theft continue to implement. In this case, Liu Mou to stop the implementation of crime, should be punished for crime termination
Case 25
A behavior belonging to the discontinuation of a completed offence. In Chinese criminal law, the discontinuance of crime is divided into two kinds: one kind is stopped automatically give up crime, another is a criminal act has been implemented, but appeared in the crime results before, people actively take measures, effectively prevent the result of crime discontinuance. In this case, people would kill poison behavior has finished, but, before his wife's death occurred as a result of his wife, who view after pain, the heart can not bear, actively to his wife to the hospital, so his wife turned the corner, effectively prevent the occurrence of his wife killed, accord with the behavior of our country the characteristics of the end of the criminal law in the suspension of crime.