Case 26
Zhao's behavior belongs to rob the crime form. According to China's criminal law theory, the crime of seizing behavior will be accomplished by the property taken as a symbol of the crime is completed. In this case, Zhao Moumou while the unprepared, from behind, rushed up to pack gun in hand, and ready to run, this time he has completed robbery crime, escape is not a crime constitution condition. The victim identified in ready to run and ultimately failed to obtain property, belonging to the accomplishment of a crime after the fact, and the crime is accomplished or not has no relationship. So after robbing someone recognized and take the initiative to return the gun property, does not affect crime accomplishment.
Case 27
In parole period and criminal] the court shall Zhu Qing parole revocation. According to the provisions of the criminal law, criminal who is granted parole, must abide by the law, if during the probation period and crime, the parole shall be revoked, make a decision 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 28
Shen and XX, Zhang Moumou constitute joint crime, the behavior of two reasons: (1) the two kings and Shen x, Zhang Moumou in prior theft conspiracy. Zhang, Shen were informed two in each theft, prepare them for the cart. This is in the common crime premeditated. (2) the implementation of the common criminal acts ". On the whole, the two kings behavior and Shen x, Zhang Moumou behavior are inseparable, but in the specific behavior, a division of labor between Zhang, Shen and Wang, namely, Zhang Shen theft, two transport goods, fence, which belongs to the complex form of joint crime Division
Case 29
Strong, Yue Mou joint crime. The reasons are: (1) the implementation of strong yuemou help behavior in a stolen guns. Yue Mou for personnel on duty, should be loyal to their duties, protect the safety of guns, and he was a threat, to be strong, which greatly facilitated a stolen gun behavior. (2) Yue Mou be coerced into participating in a crime, but not completely out of the body of free will, in a choice, this forced and completely lost the personal freedom of the situation is a matter of different. (3) in a theft yuemou strong gun crime, are forced to participate in a crime, common crime in the coerced offender
Case 30
A and B, the act constitutes a crime of robbery, because two people have the common crime of robbery and intentional, joint implementation specific behavior. But at the same time alone constitutes a crime of rape. Because the rapist is produced by a separate and alone, carried out rape, and rape B to a no criminal intent on communication, also did not participate in the implementation of rape in the criminal law theory, this is called "practice over limit", should be the specific implementation limit behavior of the person responsible for the the excessive part independent. In this case, you should be a person to bear responsibility for rape. So the nail should be convicted of robbery, rape, the implementation of two crimes, to B only to robbery
Case 31
The court shall Zhao probation revocation. According to the provisions of the criminal law, a criminal element sentenced to fixed-term sentence with a two-year suspension of execution, must abide by the law, if the probation period, and crime, the suspension shall be revoked, make a judgment on the newly committed crime, and the punishment of the former crime punishment imposed for the latter crime of crime and penalty. In this case, the court should be the first Zhao probation revocation. The new crimes, if the sentence, should be with the original 2 years in prison for punishment; if not sentenced to punishment, is committed to prison, original to 2 years in prison.
Case 32
Sun Fuqi, Ma Zhigang's behavior does not constitute a crime. Because: (1) Ma Zhigang and Sun Fuqi although theft is the same goods, but between two people is no common crime intentionally, no joint criminal behavior, each person's criminal intention and criminal behavior is independent of each other, not in conformity with the joint crime must have the implementation of the common criminal acts under the joint intentional control conditions. (2) the case is "a con within a con" case. In such cases, should be convicted according to the different behavior respectively, each bear corresponding criminal responsibility.
Case 33
Tian Hua's actions were justifiable defense. According to Article twentieth of the criminal law provisions in the third paragraph: the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against criminals who caused the death, it is not undue defence, and he shall not bear criminal responsibility. In this case, Tian Hua was robbed of the Huang take defensive actions, will miss the shot, is justifiable defence.
Case 34
(1) of Wang, Zhang to manslaughter conviction. The reason is: Wang Zhaokuan in the rape the daughter, Wang, Zhang will Wang Zhaokuan be bound, is justifiable defence on the implementation of the ongoing illegal violations. However, in the Wang Zhaokuan has been uniform lose against the ability, the implementation of the illegal violation of Wang Zhaokuan came to an end, Wang, Zhang and the strike behavior, has lost the premise condition of justifiable defense, which belongs to the afterwards defense, shall bear criminal responsibility. (2) Wang, Zhang's behavior belongs to anger to kill, if the circumstances are relatively minor, shall be lenient. At the same time, two people have surrendered plot, should apply the lesser crime after the crime of surrender, may be exempted from punishment sentencing.
Case 35
Sun Mingliang's behavior belongs to excessive defense, not justifiable defense, criminal responsibility shall be in accordance with the law. Reason.
(1) Sun Mingliang has the condition of justifiable defense. Guo Pengxiang, pull the entanglement girl was Sun Mingliang stop, returned to stir up trouble, continue to implement the unlawful infringement, Sun Mingliang has the right of self-defense. (2) act of defense Sun Mingliang obviously exceeds the necessary limits, causing significant damage, which belongs to the excessive defense. Guo Pengyang, in spite of the unlawful infringement, but the intensity of light, just beat him with their fists, and Sun Mingliang's defense is used when the spring knife as Guo Pengxiang chest stab a knife, the death, the means of defense, strength was greatly exceeded the implementation of the law of infringement is not the perpetrator means, strength, and caused significant damage to the unlawful infringement people death, belong to excessive defense. (3) the provisions of the criminal law is not applicable for murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, take defensive actions. Against illegal caused casualties, it is not undue defence, shall not bear criminal responsibility. Because Guo Pengyang did not meet the serious violations of endangering the human body safety degree, still belongs to the unlawful infringement mild. (4) according to the provisions of the criminal law, excessive defense, shall bear criminal responsibility, however, be given a mitigated punishment or be exempted from punishment.
Case 36
Lin Xuewu shall bear criminal responsibility for the hurt child's behavior. The reason is: Lin Xuewu in the face of unlawful infringement, this can implement justifiable defense. In the power of the poor situation, there is not enough defense ability, also can use hedging method. However, Lin Xuewu's hedging behavior caused damage is greater than or equal to the interests, namely for themselves from harm and young children will be hurt, belong to excessive hedge. According to the provisions of the criminal law, avoiding excessive, shall bear criminal responsibility, however, be given a mitigated punishment or be exempted from punishment.
Case 37
The three case is not the death penalty act. The reason is: three people make is rape, and belongs to the most serious crimes. According to the provisions of the criminal law, so the plot of the crime of rape, you can apply the death penalty. However, the three criminals in crime, are under 18 years of age. According to the provisions of the criminal law, the crime under the age of 18, can not be sentenced to death, therefore, the age of three are in line with China's criminal law prohibit the application of the death penalty. The death penalty shall, according to law, including the immediate execution of death penalty and 2 year stay of execution
Case 38
Wu Yuhai should be approved by the execution of the death penalty. The death penalty was suspended for 2 years, is a special method of execution for criminals should be sentenced to death but also need not be executed immediately, its purpose is to examine whether it should be executed to the crime person, but also to the crime person last penitential opportunity. The provisions of the criminal law, a criminal element sentenced to 2 year stay of execution, if the probation period, not intentional crime, after the expiration of 2 years to life imprisonment; if a meritorious performance, after the expiration of 2 years reduced to 15 years more than 20 years in prison; if the intentional crime the approval, execution. Wu Yuhai did not repent in execution period, and deliberately hurt others, shall be subject to the approval of the death penalty.
Case 39
(1) to the execution of the wangmoumou not approved. Because according to the provisions of the criminal law, a criminal element sentenced to 2 year stay of execution, if the probation period, not intentional crime, after the expiration of 2 years to life imprisonment; if a meritorious performance, after the expiration of 2 years reduced to 15 to 20 years in prison. Wang X in the probation period, no meritorious performance, no intentional crime, in accordance with the law shall be commuted to life imprisonment. (2) Wang Moumou in test after expiration of new crime, belong to life imprisonment execution period crime, shall be in accordance with the new crime will be sentenced to punishment for punishment and imprisonment. According to the method of combined punishment for several crimes provisions of the criminal law, the case shall adopt the absorption principle, decided to implement the life imprisonment.
Case 40
(1) Xu and Li Mou in reason, while Lee does not pay attention, use a screwdriver to pierce the Lee's heart, causing the death of Lee, the crime of intentional homicide. (2) a behavior is the voluntary surrender. The provisions of the criminal law, the voluntary surrender and confession of crimes are the two necessary conditions for the establishment of surrender. According to the relevant judicial interpretations, the voluntary surrender refers to the facts of the crime or criminal suspects are not judicial organs found, or have been found, but the suspect has not yet been interrogation, or not to take coercive measures, active, direct to the public security organs, people's Procuratorate or the people's court to surrender. In the judicial practice, for the investigation is ready to surrender but not to surrender by the public security organs of capture, also regarded as voluntary surrender. Xu, at his father's urging, agreed to surrender. But the mother for her son, make eating dumplings. Dumplings are, after receiving the report to the public security officers arrested Xu, Xu is the voluntary surrender can be identified. If in a surrender to the confession of his crime, can voluntarily surrender may be given a lighter, mitigated punishment, the
Case 41
(1) Chen steam cutting machine will be 5 crane rail cut off stolen, the value Renminbi 2400 yuan, its behavior already constituted larceny. (2) Xu behavior should be established. The provisions of the criminal law, voluntary surrender refers to the criminal in the crime, the voluntary surrender and confession of crimes act. According to the relevant judicial interpretations, the voluntary surrender refers to the facts of the crime or criminal suspects are not judicial organs found, or have been found, but the suspect has not yet been interrogation, or not to take coercive measures, active, direct to the public security organs, people's Procuratorate or the people's court to surrender. In the judicial practice, for not suspect but by relatives and friends, accompanied with surrender, also regarded as voluntary surrender. Chen after the crime, his wife urged Chen surrender, Chen began to strongly disagree, the forced still hesitated, then reluctantly agreed to surrender, but not far from the house, return, and do not want to surrender. In his wife's persuasion, he agreed to surrender. His wife is not assured, he accompanied Chen Yiqi to the public security organ. Although Chen on whether to issue repeatedly, shilly-shally, finally also in his wife's talk and accompanied to surrender, also do not affect the establishment of surrender. After the surrender, Chen confession of all the facts of the crime, comply with the conditions of surrender, surrender shall be according to the processing, can lighter, mitigated punishment.
Case 42
In prison and new crime] 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 43
(1) Yang has committed robbery and theft, it should be combined punishment according to law. (2) Yang has a plot, shall be punished more leniently. The provisions of the criminal law, the coercive measures of criminal suspects, defendants and is serving a sentence, the confession of the judicial organ has not grasped myself other crimes, to surrender. Yang after being taken into custody, active confessed that the judiciary has not yet mastered the crime of robbery, and gave the accomplice, comply with the conditions of surrender, the crime of robbery should be identified as surrender may be given a lighter, mitigated punishment.
Case 44
[the probation period after Li Guang does not constitute recidivism crime]. Because the probation is conditionally, not the implementation of the original penalty, probation period without any criminal acts, the punishment originally decided is not performed, but not the punishment has been completely executed. While the ordinary recidivist is a result of intentional crime and was sentenced to a punishment more in prison, punishment is finished or pardon, in 5 years of crime should be sentenced penalty above intentional crime. So the defendant Li Guang does not meet the conditions of recidivism
Case 45
[penalty execution period was found leakage "sin"] Wang's behavior belongs to the penalty in the implementation period and found leaks the crime situation. According to the provisions of the criminal law of our country, in this case, a judgment shall be rendered for the newly discovered crime, the before and after the two verdict sentenced to punishment for punishment, and punishment decisions shall be carried out. If you decide to execute the penalty is still in prison, has to be executed shall be counted in the term decided by the new judgment, namely before and after subtraction manner punishment; if you decide to execute the penalty is life imprisonment or death, direct the death penalty or life imprisonment.
46 A illegal reselling of assembled automobiles were seized and technical supervision departments. The second night, a carrying knives, forceps, sneaked into the Bureau of technical supervision of the implementation of theft, tries to keep his car stolen back. When a is using criminal tools to pry the door, be on duty personnel found. In the duty officer to arrest him, a knife stabbed attendant B. Third days, a go out for something, on the way encountered just from the hospital. B. Otsuichi recognized a, the alarm readiness to catch a. A for the escape, trying to use the dagger to kill B. B seriously injured and syncope, a suspect B has died, pushed it into the river, in an attempt to pin the corpse to. B because of the river water temperature is very low, suddenly wake up, struggling in the river for help, but nobody around to rescue, thus drowning.
(1) a theft by relevant authorities seized car, whether to constitute the crime?
(2) a car theft and wounded personnel on duty behavior should be how to deal with?
(3) for a B thrown into the river, and lead to their death behavior should be how to deal with?
(4) to a final should be how to deal with?
In this case, the object of larceny is a violation of the right of possession of public property. According to the provisions of article ninety-first of the criminal law, in the state organs in the management of private property, public property theory. Involved in the case although the car is a "all". However, it is in the state organ legal custody, belonging to the state organs in the management of private property, but the car belongs to a illegal sale of fake and shoddy products, by the national judicial organs shall be confiscated, and so should be public property. A theft has been seized national authorities in accordance with the car, in fact is a violation of public property rights, shall constitute the crime of theft.
(1) armor in the implementation of theft in the process, to resist arrest and the use of violence, the character of the act in accordance with the provisions of article 269th of the criminal law, has been transformed into robbery, should the robbery conviction.
(2) methyl to kill B implementation means of violence, resulting in B. A mistake B has died, pin corpse to the victim into the river, resulting in the drowning, belongs to the development process of causal cognition error. However, a want to kill B, end up killing B, so in this case, a causal relationship between the error, does not affect the crime accomplished, it still holds the crime of intentional homicide crime.
(3) on the nail should be intentional homicide and robbery crimes.
47. policeman, B, C, D 4 people received a report: someone (couple) see yellow VCD. of the 4 people in the home immediately dispatched to the execution of business. After entering the house, the police immediately launched search and seizure, VCD machine work. As one of the Yellow VCD viewer husband Zhang immediately the use of violence against the police. After the police to the crime of obstruction of official business (article 277th) in the name of Zhang of criminal detention. Problem: the principle of legality from the angle, and combining the analysis of article 277th of the criminal law, Zhang is a crime?
According to the principle of legality, Zhang behavior does not constitute the crime of obstruction of official business.
The crime of obstruction of official business, the Constitution Act of violence, coercion means harm is "according to law" implementation of the official. However, in this case, there is no law enforcement official. Public servants must be entitled to exercise authority, official; in addition, duty behavior of civil servants must have important conditions, the necessary legal means and procedures. The police into the home search, seizure, must comply with the requirements, strict legal procedures to obtain the corresponding formalities. Found in yellow disc player places special, in addition to the couple, no other people watch, the police should know, oneself to this situation forced the "treatment", is not based on law, its behavior has been far beyond the scope of the "investigation". Due to a police law enforcement does not have legitimacy, its entering a room to search, seizure behavior did not perform the corresponding formalities, so, with the nature of housebreaking, Zhang retaliation behavior, the police is not a crime, but the justifiable defense.
48.A carrying 2000 yuan in cash to invite a friend to a total of 8 people to a restaurant. After finding the bill amount more than 9000 yuan, he brought the cash is not enough to pay for the meal, as debt relief, A is arranged to have a friend has to borrow the opportunity to go to the toilet, turn window escape, finally A himself secretly left the hotel. The owner after the report to the police. Question: in combination with the analysis of the legal principle of crime and punishment, whether A acts constitute a crime of fraud?
"Thinking"
It involves two aspects: one is the principle of legality of meaning; two is the elements of fraud, especially the content repository for community | date | postgraduate enrollment | research | graduate students | f the subjective aspect of the crime, the postgraduate entrance examination, examination Chinese forum, one, the graduate student information net, China graduate information network, China section,
"The reference answer."
Combined with the principle of legality, A does not constitute a crime.
According to the provisions of article third of the criminal law, the basic requirement of the legal principle of crime and punishment is not clear in the law, do not constitute the crime; the legal provisions, shall be reasonable interpretation of criminal law, only to determine the behavior of crime people fully meet the constitutive requirements, can be investigated for criminal responsibility. In this case, the behavior of A in fact make the owner by the loss, A also has the meaning of malicious evasion of debt, but it does not constitute the crime of fraud. In determining the nature of A, must consider the specific provisions of the criminal law on the crime of fraud is how specific provisions, and the reasonable explanation of criminal law. According to the provisions of the criminal law, the establishment of crime of swindling, act with fraud, intentional and illegal possession of property of others, and the deliberate in action was with. But the A in the consumer owner property at the time, does not have the illegal occupying some meanings, so their behaviour is not in conformity with the provisions of the criminal law on the crime of fraud statute, no crime, carries on the investigation, in violation of the principle of legality. In this case, shall be handled according to law.
"Resolution" the legality of the content is: the law expressly provides for the crime of conviction and punishment, in accordance with the law. The law does not expressly provided for the crime, shall not be convicted or punished. On the behavior of A, on the surface, it seems there are provisions in the law on the crime of fraud. But, must further consider the behavior is in accordance with the constitution of the crime of fraud of all the requirements. The establishment of the crime, behavior objective, subjective demands guilty, and sin must be in action "was" deliberately, with that guilt and behavior. So, the establishment of crime of swindling, act from the beginning to deceive others, thus to obtain illegal property. In this case, actors in the implementation of the Act (consumption) at that time, there is no this kind of intentional crime, so, essence, it does not accord with the constitutive elements of crime of fraud.
A in fact has emerged under the condition of consumption, just because of his lack of carrying cash, unable to fulfill the debt, and escape the debt, because the criminal law does not stipulate "maliciously" such charges, so not for their criminal responsibility. However, its obligation under civil law and actively fulfill debt
The 49 defendants A (male, born in August 13, 1985) in June 7, 2001, to "find some pocket money", the neighbor Wang 1 year old son B steal, and then call to Wang Mou for 80000 yuan, the requirements have not been met, for fear of killing B. surrender to the public security organs. If the conduct of A investigated, whether or not in violation of provisions of the criminal law on the criminal responsibility of minors to bear, violates the crime punishment legal principle thus?
The following is the answer:
"Thinking" what on the surface is the test candidates to master degree of the age of criminal responsibility, but because it involves the interpretation of criminal law in the second paragraph seventeenth, so the use of the principle of legality and closely related. A shall bear criminal responsibility, carries on the investigation does not violate the principle of legality.
Article seventeenth of the criminal law provisions in the second paragraph, has over 14 years of age under 16 years of age who commits the crime of intentional homicide, shall bear criminal responsibility. The crime of intentional homicide, homicide "refers to the behavior of" actors, rather than the court specifically identified "intentional homicide" this one accusation. In this case, under the age of 16 A in the process of the implementation of the crime of kidnapping, because illegal requirements have not been met, and the intentional killing of hostages, should recognize that the implementation of the article seventeenth of the criminal law stipulated 8 acts of intentional homicide, criminal responsibility shall be investigated. Although the criminal law 239th stipulation, kidnapping and killing the kidnapped person, belong to the kidnapping of the aggregated consequential offense, but the provisions shall apply only to the full 16 years old. The full 14 years of age under the age of 16, kidnapping and killing the kidnapped person, still only constitutes the crime of intentional homicide, but not the establishment of kidnapping crime.
Therefore, in the article seventeenth of the criminal law on the criminal liability of A under the scope of cases, criminal responsibility shall be investigated for A, does not violate the principle of legality.
"Resolution" accurate answer it, first to determine the behavior of people in the age of criminal responsibility and criminal responsibility, the judgment of criminal law on the age specific provisions.
The age of criminal responsibility, under the criminal law refers to natural person must reach the criminal responsibility of harm the social behavior of their implementation of age. Candidates need to master key was below the age of criminal responsibility regulations:
One is not a negative phase of the age of criminal responsibility. Article seventeenth of the criminal law, under the age of 14, do not bear criminal responsibility. People under 14 years of age in its infancy, do not have to identify and control their own behavior, whether they carried out what kind of harm the social behavior, not as a crime prosecuted. But do not be equal to this age stage behavior laissez faire, but according to law shall be ordered to the parents or guardians to implement discipline, when necessary, taken in by the government.
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The two is completely negative phase of the age of criminal responsibility. Article seventeenth of the criminal law provisions in the first paragraph, has over 16 years of age who were completely negative phase of the age of criminal responsibility. Has attained the age of 16 years, have on their own behavior completely identification and control ability, should bear criminal responsibility for all the crimes he implementation.
Three is the relative phase of the age of criminal responsibility. Article seventeenth of the criminal law provisions in the second paragraph, has over 14 years of age under 16 years of age, the age of criminal responsibility is relatively negative stage. This age have to identify major issues issues of right and wrong and control their major behavior, namely to some serious harm the social behavior has the ability to identify and control certain. The provisions of the criminal law they bear criminal responsibility for 8 kinds of social legal harmfulness larger crime: murder, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, crime of throwing dangerous substance.
In this case, A may constitute the crime of kidnapping, and the sin is not crime in the 8 kinds of legal criminal responsibility for the. But the further theoretical analysis, will see the killings during the kidnapping of A when the scope stipulated in article seventeenth of the criminal law.
We must pay attention to: 8 kinds of crime in criminal law, refers to the specific criminal acts but not the specific charges. Therefore, the provisions of article seventeenth of the criminal law "in the crime of intentional homicide, intentionally causing serious injury or death", refers to the deliberate murder, violence and caused serious injuries, death consequences, it shall bear criminal responsibility, not only committed intentional homicide, the crime of intentional injury, only negative criminal responsibility.
In the clear the defendant shall be investigated for criminal responsibility after A, how to define the crime has become a problem. Arguments focused on murder and kidnapping. Although the criminal law seventeenth stipulation for the crime and non crime, but also on the scope of crimes are defined. In this case, the A in the course of implementation, deliberately killed the victim's behavior, on the surface structure of the crime of kidnapping the aggravated consequential offence, shall be punished according to the provisions of article 239th of the criminal law. However, because of the second paragraph of the seventeenth limit on criminal law, the defendant can only be intentional homicide
"The problems should be paid attention to
This does not involve punishment of criminals, but it is also in the review should also be considered. Some candidates to apply to A penalty may be not consistent view: that deal with the A of intentional homicide, advocates of the sentenced to the crime of kidnapping; think A, think should not be sentenced to death with a two-year suspension of execution, and shall be in accordance with the provisions of article 239th of the criminal law on the "absolute death penalty", the the application of the death penalty. Need to pay attention to, according to the provisions of article forty-ninth of the criminal law, when the defendant's criminal under the age of 18, on the death penalty does not apply.
50. Chapter one and named in the Zhao Moukai's factory, Zhao in the chapter, Guo Laodong paid 8000 yuan has been outstanding. The treasure house of knowledge communities to provide graduate examination data download, graduate enrollment, Graduate Forum service, is the largest
Chapter two will discuss, Guo, Zhao's 15 year old daughter A tricked out, then take to the field of seizure, in order to force Zhao pay remuneration. Although Guo, chapter two people repeatedly urged, Zhao Reng does not pay.
So the two men agreed to sell the Zhao's daughter. In Chapter one to go out to find a buyer, Mr. Kwak A rape. Chapter one found a buyer Chen, Zhang Guo two to 6000 yuan sold A to chen.
Www.1zhao.org7X
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Chen bought A to form couples with A, the A was refused: Chen worry about A away, will be A locked in the room for more than 1 months, but A is not willing to marry with Chen; Chen later that A was small, too poor, let A back home to reunite with their families. Chen feel lost, so to find a chapter, let a chapter returned 6000 yuan of her money. Chapter one refused to refund, Chen for late at night will be a chapter of a 4000 yuan worth of motorcycle ride.

According to the above case, analysis of criminal responsibility a chapter, Guo, chen. The treasure house of knowledge
[answer] (1) of a chapter constitute the crime of illegal detention, the crime of abducting and trafficking in women (1 points).
(2) Guo Mou constitute the crime of illegal detention, the crime of abducting and trafficking in women (1 points).
(3) a chapter and Kwak is unlawful detention crime, joint crime of abducting and trafficking in women and men (1 points). Two per capita should according to the crime of illegal detention and trafficking of women crime, punishment (1 points).
(4) Guo Mou and a chapter of abducting and trafficking in women crime should be applied to different legal punishment (1 points), the basic legal punishment a chapter on trafficking in women and crime of sentencing, Guo Mou rape abducted women, punishment to be upgraded (1 points). The treasure house of knowledge for community, date, graduate enrollment, graduate entrance examination, entrance examination for postgraduate forum, Chinese, information network, China graduate information network, China test, test, test site (` Q K:[A D N S
Chen (5) composed of those buying abducted women crime, the crime of illegal detention and theft (1 points), it should be combined punishment (1 points).
(6) Chen made those buying abducted women sin, because he voluntarily the victim will be placed in the home, can not be investigated for criminal responsibility of the crime (1 points). Know
51 a year in November 7th, the defendant Li Ganwen hired a district of Baoji city as a Qinghai Lake brand car 1, the driver driving for Li Zhongxin, a town of Zhangjiachuan County of Gansu Province, Yuzhou City, Henan Province, the owner of Zhao Diancheng to transport leather goods.
In their tax formalities, Li Ganwen steal the driver's driving license, with the word Ling Xiao prepared, will be on the driving license No. 02165 correction was 02374, and the restoration of the original number after taxes, attempt to escape after committing the crime. As early as in November 8th 5 when make, Shandong Lu, Jintai District Yonghong hotel entrance to Baoji city bus, Li Ganwen excuse to eat, will vary with the vehicle escort the owner Zhao Diancheng cheat to get off, you also get off, the Zhao led to about 70 meters away from the parking place food stall. Lee lied about to ask the driver to have a meal together, leaving Zhao back to the car, and said to the driver, owner of the hotel to rest, to the driver and he will ride away. As the car pulled away, discovered by Zhao Diancheng, Zhao immediately call parking, the car did not stop. Li Ganwen let the driver to drive the vehicle to a district of Baoji city and its relatives, and then put the car of goods are unloaded, according to the existing. There are 420 leather, 589 Jin, 48 Jin of apple tea, a heating pad 4 sacks, 8, the total value of more than RMB 47110 yuan. Subsequently, Li Ganwen sales part dirt, won 4080 yuan. After the incident, most money dirt was recovered, returned to the owner. Ask:
1 whether Li Ganwen's behavior belongs to the crime of theft?
2 Li Ganwen are acts of fraud?
3 Li Ganwen's behavior whether to belong to the robbery?
4 Li Ganwen's behavior can be converted to a robbery in what circumstances?
52 songs and his brother opened a partnership wood factory, operating 3 years, for a total of more than 70000 yuan a share of the money. Song believes that the unfair distribution, there was a dispute, dissatisfied with the history's. On July 22, 1998 morning 8 when make, qumou when nobody was the brother of a machine to carry a claw hammer, screwdriver and other tools, climb over the broken window into her home, for about an hour to open the insurance, stole 48700 yuan RMB gold jewelry and value of 1.3 yuan, to put in the insurance the cabinet has several million deposit is not take. After committing the crime, the song of a stolen property hidden in the home, will commit the crime tool throw rag man. After the public security organs of communications, in an account theft facts. A full refund money, dirt. Ask:
Whether the 1 Song Mou behavior constitute the crime of theft? How to deal with?
2 if the song in a safe saw two national 3 cultural relics, including song porcelain Wo Niu Yan drops 1; three cultural relics of Tang Sancai ceramic furnace 1, which could be stolen, the Tang Sancai on the road accidentally broken, the song of a behavior should be how qualitative? How to deal with?
3 if the song in a safe see only white, easy to carry, home scale was 100 grams, the song of a behavior should be punished?
4 if the song from his brother a safe take stock passbook (memory of a 2000 shares of stock), equivalent to 30000 yuan and a partner code card, ID card, the time of the incident, the stock is not yet available, should be how to identify the Song Mou behavior?
5 if a safe song from the brother of take a credit card, and the card only 5000 yuan, the song of a behavior to that? If the credit card is not used, it should be how to identify?
53 Joe a, male, 18 years old, young man. Qiao Jiayin home housing less population not to live, in 1998 June to its Uncle Joe B's house. In September 28th the same year, Uncle Joe Joe a in B after a nap, idle, want to find a magazine, they readily Raggio B forget locked desk drawer, found with a face value of 10 yuan RMB new, Joe a meal up greedy, while there is no one in the house, secretly from the drawn 50 yuan. Because Joe B the effect, not the lack of cash drawer found. Joe a meet for the first time after stealing up, growing bolder, and in October the same year, 1999 March two while Qiao Yi didn't care, a total of stealing the renminbi 600 yuan. When Joe a again in June 10, 1999 while jo b home unmanned machine, open the drawer looking for cash, unexpectedly been hiding playing truant at home Yizhi son Joe Qiao Bing found, then the, then Joe a family on behalf of the repayment of the loss of Qiao Yi. Qiao Yi has to the public security organs do not require treatment Joe a.
54 the crowd a, female, born in March 20, 1980, high school students. The defendant on April 6, 1995 at twelve thirty, riding a bicycle from school to home. When the ride to the outskirts of Dong BA Xiang, because the downhill speed quickly, with the direction of a (male, 58 years old) right right ankle injuries. The crowd a fall from the bike, and the pool a overwhelming in the body. When the defendant immediately picked up a pool, due to hold, then quickly went to the hospital for help. But because the pool of a brain by external strong vibration induced brain injury, after the rescue invalid, died on the same day at three fifteen in the afternoon. (Note: in the new criminal law in force, but does not affect the determination of behavior)
Q: 1 of the sea a behavior should be how to deal with?
2 if a defendant who was born in March 20, 1979, its behavior should be how to deal with?
55 the contractor song operates several years revenues, in order to achieve the purpose of outbound tourism, then to the relevant personnel gift 6000 yuan. In foreign countries, the song went to casino gambling, win 30000 yuan. Half of the money donated to the village primary school. Soon the song in the Jerry built construction, low grade cement instead of high grade cement used, instead of crude steel with fine steel, resulting in the construction of an auditorium to collapse, the loss of more than 40 yuan. In order to avoid sanctions, song to find a company manager from Kim to discuss countermeasures, coincides with the gold as a result of reselling the license and smuggling of cultural relics of the being traced, Kim asked Song Mouxian to take shelter in a distant relatives border. A gold exchange before the song 20000 yuan fare, please song will own reselling license and smuggling credentials. The song left, a gold fears is not long, and their cousin Qin Liu, a yellow two (both labor release personnel) on the way to the song. Qin a mere mention, said the move for fear of killing the body Yu, advised Kim give up. Kim that as long as the Qin a letter her to Liu, Huang duo, can find Ning Mou, don't Tan hands. Qin Mo Xu, so Kim when Qin Mou wrote a letter. And 30000 yuan to Qin, Qin road sent. Qin in the way will a letter to Liu, Huang duo, hypothesis yourself otherwise urgent, all the matter with a gold contact, then stop. Liu, Huang were seeking to song, want him, the Song Mou begging and allowed to pay, then let the song. After the return that the finished, all from the gold somewhere "reward" ten thousand yuan. After the song to the local public security organs.
Q: 1 Song Mou behavior only made what charge?
2 gold a behavior broke the what?
Whether the 3 Qin Mou acts constitute a crime? If not, please explain the reason; if constituting a crime, please explain the reason.
Whether the 4 Liu, Huang - act constitutes a crime? If not, please explain the reason; if a crime is committed, what the charges? Why?
51 (1) Li Ganwen's behavior does not belong to the crime of theft. Because the larceny act is the secret steal illegally acquired property of others, but in this case Li Ganwen made the property of others behavior is in the attention the shippers, but when the car owners will find out, cannot be called the secret steal.
(2). Li Ganwen's behavior does not belong to the crime of fraud. Because the fraud act of fictitious facts or conceal the truth, make others for gospel truth, and "voluntary" to the behavior of property act. In this case, apparently the owner is not "voluntarily" property to Li Ganwen, it is not in conformity with the constitution of the crime of fraud.
(3). Li Ganwen's behavior is a crime. Lee's behavior consistent with the conditions of a crime. Because, Li Sui will cheat from the car owner, but not far from the car, loaded car still in the line of sight. Lee to put the car away, the owner immediately found, and insistently parking, suggesting that Lee's behavior does not accord with the characteristics of secret stealing, but by people do not open to capture, in accordance with the crime of seizing. Li while also use some cheating, but the owner is not because of being "voluntary" and deliver the goods to Li, Li also is not to deceive the possession of the goods as the main means and, therefore, should not be fraud, but should decide the crime of seizing.
(4). Li Ganwen in the implementation of the act, if to hide the dirt, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, the nature of its behavior to robbery.
52.1., a behavior crime. Because he took away the safes in cash and gold jewelry, is home to hide, and stolen property also did not find his brother accounts, but abandoned tools, is clearly illegal for his brother property purpose and behavior. But because the song is implemented in partnership with the distribution and family conflict situations, theft and close relatives of the property, does not need to be sentenced to a punishment according to law.
The 2 Song Mou behavior should be crime of theft. Because the song of a theft is the precious cultural relics, if the circumstances are serious, in accordance with the "criminal law" provisions, shall be sentenced to life imprisonment or the death penalty, also be sentenced to confiscation of property.
The 3 Song Mou behavior should be crime of theft. At the sentencing, regardless of the amount, according to the decision of sentencing plot.
The 4 Song Mou behavior should be recognized as theft (attempted), for the theft amount, should be the average price according to the Stock Exchange announced the calculation amount that the stock transaction.
The 5 Song Mou behavior should be recognized as theft, the theft amount is 5000 yuan. If the credit card is not used, should be identified in an attempted crime of theft.
The crime of theft, is a possession for the purpose, to steal a larger amount of property or for many times to steal properties. Constitutive elements of this crime is: (1) the violation of the object is the ownership of public or private property; object of crime is to occupy others' property, including tangible and intangible things, such as electricity, gas and other. (2) the objective is to steal a larger amount of property or for many times to steal properties. Larger amount refers to one or more cumulative stolen property value in the 300-500 yuan, a few economic developed area can be in 600 yuan of above; many times stealing, refers to the theft of more than 3 times the amount is not large cumulative or repeatedly stolen a public security punishment or reeducation through labor situation. Theft is the large amount of important according to the conviction, but not only according to the. (3) the subject of this crime is a natural person under the age of 16 years.
The theft of any of the following circumstances, he shall be sentenced to life imprisonment or death, and the confiscation of property: (1) the theft of financial institutions, if the amount is especially huge; (2) the theft of precious cultural relics, if the circumstances are serious.
53 Joe a although on subjective purpose of illegal possession, objective implementation of secret theft of property behavior, but it is not harmful to society, the circumstances are obviously minor, can not make a crime, in accordance with the "Regulations of people's Republic of China Criminal Law" in article thirteenth, for Joe a acquitted.
Crime is a serious social harmfulness behavior. Any act, if not with serious social harm, did not constitute a crime, "criminal law" the thirteenth stipulation: "all the harm national sovereignty, territorial integrity and security, secession, to subvert the people's democratic dictatorship and overthrow the socialist system, undermine social and economic order, violation of property owned by the state or collective all property, infringement of citizens' private property, infringement of citizens' personal rights, democratic rights and other rights, and other acts harmful to society, in accordance with the law shall be subject to criminal punishment, is a crime. But the plot remarkable slight, the harm is not great, not deemed a crime."
Joe armour has subjective illegal possession of his purpose, objective implementation of theft of property behavior, and its behavior has certain social harm. But the comprehensive case case, the circumstances of the crime are obviously minor, little harm, should not be considered a crime. There are three reasons: (1) the defendant theft is the living relatives of the property, but relatively little. After the incident, Joe a living relatives B does not require a criminal responsibility shall be investigated for Joe, but Joe a family has lost to Qiao Yi for the compensation, so Joe a theft unlike theft crime that has serious social harm. (2) Qiao Jia's larcenous amount to theft is required by the standard of "large amount", but whether the theft of large amount, not only the standard to distinguish theft crime and non crime boundary, also should be integrated into other circumstances of crime. Joe armour is taken while Qiao Yi do not pay attention to the method of secret stolen property, means that unlike other theft criminals with dial door lock, a hole in the wall of digging a hole and other properties of relatively poor, and Joe a small amount each time the stolen property, not to have seen Qiao Yi all the property taken away, so the integration of all in this case, the plot theft Joe a significant harm is slightly. (3) the Supreme People's court, the Supreme People's Procuratorate "some questions about the application of law for the theft case explanation" stipulates: "the theft of their home and property or close relatives of the property, in general not handled by crime. For there shall be investigated for criminal responsibility necessary, when dealing with the society also differs from the crime." So, Joe a behavior does not constitute a crime.
54.1. on the sea of a certain behavior should not be treated as a crime. Because the sea is the negligent acts and causing death, the age of only 15 years of age.
2 the sea some behavior should be treated as a crime, because of a certain age has over 16 years of age, should assume full criminal responsibility. But in the penalty, shall be given a lighter or mitigated punishment, because of their age is not over 18 years of age.
The age of criminal responsibility, refers to the provisions of the law the behavior people bear criminal responsibility for his crime must reach the age. China's criminal law divides the age of criminal responsibility for the three age;
(1) no negative phase of the age of criminal responsibility. Under the age of 14, regardless of the implementation of what kind of harm the social behavior, shall not be prosecuted for criminal responsibility, this is not a negative phase of the age of criminal responsibility;
(2) the relative criminal responsibility age. The full 14 years of age, under 16 years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be held fully; in addition to the 8 kinds of crime the legal behavior, especially the negligent harm the social behavior and he shall not bear criminal responsibility, this is the relative phase of the age of criminal responsibility.
(3) completely bear criminal responsibility age. The full 16 years of age who commits a crime, he shall bear criminal responsibility, this is completely negative phase of the age of criminal responsibility. In addition, the third China "criminal law" seventeenth stipulates, has over 14 years of age under the age of 18 crimes, shall be given a lighter or mitigated punishment.
55.1. song of the act violated the bribery, factories and mines, serious liability accident crime and the crime of shielding.
2 gold a behavior broke the crime of intentional homicide, the crime of concealment (Note: do not require a license and smuggling of cultural relics scalping crime).
3 Qin Mou behavior constituted the crime of intentional homicide. Knowing that Kim's intentional and is responsible for the transmission of information.
4 constitutes a crime. Intentional homicide abort, because Liu, Huang duo has embarked on crime, and then take the initiative to give up, suspend crime. At the same time, two people's behavior constituted fraud, because of its hide the truth diddle property, in accordance with the constitution of fraud.
In a case involving a variety of charges, and relates to the general joint crime, crime and the criminal law of the space scope, is that criminal case rare, candidates should be carefully reference.
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