General provisions of criminal law of Chen Xingliang
The concept and characteristics of the first criminal law

(a) the case Wang Mou of the accused person in March 7, 1998 holding a credit card to the automatic teller machine withdrawals, there are 500 yuan card, Wang Mou to take 300 yuan. In cash because of the wrong operation with a zero, from 300 yuan to 3000 yuan. Unexpectedly, the automatic teller machine was not due to operational errors and protest, but really spit out 3000 yuan, so that Wang was accidental. Wang out of curiosity, and again, the ATM and spit out 3000 yuan. At this time, Wang Mou already know the automatic teller machine failure, but out of greed, Wang also has automatic teller machines removed from 20000 yuan, accounted for. After the incident, Wang Mou think I didn't go to the bank to steal the money, is the automatic teller machine put the money to send me, Wang's lawyer also believes that this is an unjust enrichment, belongs to the civil law behavior, does not constitute a crime in the penal code.
So, what is the case in civil law or improper benefit of crime in the criminal law?
(two) the concept and characteristics of criminal law. The concept of criminal law in criminal law is stipulated crime and punishment and the relationship between crime and punishment legal. Specifically, the criminal law is the name of the state provisions what behavior is crime, and crime in what punishment law.
. the characteristics of criminal law as a branch law, has the following characteristics:
(1) the characteristic of the legal law is public law and private law, public law is in the public interest, especially the interests of the state law; private law relates to private interests law. In public relations, countries and individuals in the law on the subordinate status, while in the private law relationship between citizens, between citizens and legal persons or legal person and in the equal position. The criminal law as a public law, individuals in the countries affected by the domination position, as long as the subject's behavior violated the criminal law constitutes a crime, shall be subject to criminal investigation of judicial organs.
(2) characteristic of the criminal law of the criminal law is the concept of civil law, administrative law and the corresponding, all crime related all laws, can be called the criminal law. Therefore, the criminal law includes criminal law, criminal procedure law, the prison law etc..
(3) characteristics of jus cogens jus cogens is a concept corresponding to any law, any method has the properties of autonomy, the law allows participants to determine the specific content of legal relationship between the rights and obligations of the. Forcing the law must enforce the law. In the criminal law, an act once a crime, in addition to a small number of that crime, all shall be investigated for criminal responsibility, not private, so has the characteristics of jus cogens.
(three) classification of criminal law can be divided into:
. penal code. The single criminal law. The subsidiary criminal law (four) making process of China's criminal law of China from 1949 to 1979 30 years no criminal law, there are only three separate criminal law in the early years of the Republic: "counter revolutionary", "Regulations on punishing corruption Ordinance" and "punishment against the national currency regulations".
The first part of the criminal law issued in July 1st, began to carry out January 1, 1980. From 1980 to 1997, has issued 24 separate criminal law, revise the criminal law.
Year March 14th amendments to the criminal law, the criminal law promulgated in 1997, is the current criminal law. The existing criminal law provisions of a total of 452, 314.
Year, the NPC Standing Committee promulgated the 1 separate criminal law and the 5 amendment to the criminal law, in addition also issued 8 legislative interpretations.
(five) analysis case Wang first achieved 3000 yuan, is due to operational errors, has the nature of unjust enrichment, but later he knew the automatic teller machine failure, many also money, this is the fault using ATMs for larceny behavior, the larger amount, its behavior already constituted larceny. Thus, Wang's behavior has violated the criminal law, criminal responsibility shall be investigated.
Second speakThe legal principle of crime and punishment

(a) cases from January to August, the defendant Lining for profit, and others have premeditated, by posting advertising, newspaper way recruitment young men do "public relations", and formulated the "public relations personnel management system". Lining directs others to carry on the management to the PR man, and in their business, "" gold kylin "bridge" and "Qi" bar more than "PR man" repeatedly introduced to male customers, by male customers will "PR" to "new city" in Nanjing city Le Grand Large Hotel, engage in homosexual prostitution. With regard to the case, counsel, criminal law and relevant judicial interpretations of the homosexual prostitution transaction is not made explicit, but according to the dictionary explanation, prostitution means "women prostitutes" behavior. Therefore, the organization men engaged in homosexual prostitution activities, does not belong to the organization "prostitution", in accordance with the principle of legality, Lining behavior does not constitute a crime. The court thought, prostitution is the norm, is refers to the female for the purpose of profit, and not specific to men engaged in trading behavior; but with the change of legislation, the male of for-profit, behavior and not specific to women in the sex trade, can be identified as prostitution. The prostitution as above defined, does not violate the principle of legality.
Question: how to understand the legal principle of crime and punishment?
(two) the concept of the legal principle of crime and punishment in our country criminal law third stipulation: "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." The basic meaning of the principle of legality is no crime without law.
Years penal provisions of the analogy system, to the 1997 criminal law established the principle of legality of criminal law, this is the progress of our performance.
(three) the basic requirements of the principle of legality. Legal. Clear (four) apply the legal principle of crime and punishment. The correct understanding of the law, the law can be divided into visible and invisible provisions provisions.
At the correct interpretation of the law, according to the literal interpretation of law. The principle of legality, the interpretation of criminal law have certain limit. Lining case is actually a legal interpretation of the problem, how to understand the prostitution, subjective interpretation and objective interpretation, should according to the objective situation change of legal interpretation.
Correctly handle the legal loopholes. There are loopholes in the provisions of law, its adverse consequences should not be borne by the defendant, to perfect the legislation legal loopholes.
Applicable scope in criminal law

(a) case and 1996, defendant Zhang Ziqiang and others will be illegal to buy in the mainland of guns smuggled into Hongkong. In 1997 September, the defendant Zhang Ziqiang et al by plotting and funded by Zhang Ziqiang, Guangdong Province in Shanwei City, illegal buying and selling large amounts of explosives, detonators and fuse, the smuggling of Hongkong. In addition, the defendant Zhang Ziqiang gang in Guangzhou, after repeated plot, respectively in 1996 May and 1997 September in Hongkong kidnapped Li, Lin and Mr. Kwak, blackmail huge ransom. In this case, smuggling guns, ammunition, from the mainland smuggled into Hongkong, belongs to the transnational crime. On the crime of kidnapping, preparatory acts occur in the mainland, the behavior in Hongkong. So, the mainland judicial organs on the Zhang Ziqiang case whether criminal jurisdiction?
(two) the scope of Validity Scope of application of criminal law concepts and principles of criminal law applicable scope for the effectiveness of criminal law and criminal law of space time.
The scope of validity of criminal law. The principle of territoriality space (1) (2) (3) the principle of protection of personal principle (4) the principle of universal jurisdiction. The retroactivity of criminal law of time effect of criminal law: the doctrine of (three) the case analysis of Zhang Ziqiang case is a part of the crime took place in Hongkong, but at the same time there is a part of behavior in the mainland, therefore, the judicial organs of the Hongkong Special Administrative Region and mainland jurisdiction over the case of. Because Zhang Ziqiang was captured in the mainland, so the mainland judicial authority to exercise jurisdiction over the case is correct.
Fourth speakThe concept and characteristics of crime

(a) the case Wang Mou of the accused person, male, 45 years old, workers. The defendant Pu, male, 41 years old, attending a hospital.
Wang Mou of the accused person's mother Liu in 1984 to examine the body was found to be suffering from cancer, he was admitted to the hospital for treatment. After nearly two years of treatment, spent a huge sum of medical expenses, the condition has not improved. Pu attending the hospital told Wang, the mother's illness has been unable to control, no treatment, life can only sustain about half a year. Because Liu Mou is afflicted with cancer, has repeatedly asked his son Wang termination of treatment or let the doctor injected immediately caused by drugs in his death. Wang after repeated consideration, we find the attending physician Pu, request the mother injection can immediately caused by drugs in his death, the mother can get rid of the cancer. In April 5, 1986, according to Wang Po of a request, as Liu injection of a drug, causing his death.
This case is the implementation of euthanasia and murder, to avoid the pain of intentional homicide is a homicide?
(two) the concept and characteristics of crime in our criminal law thirteenth stipulation: "???????????"
Crime has the following three characteristics:
. criminal illegality. Damage to the interests of law. (three) shall be subject to punitive criminal law provision of our criminal law Thirteenth has a proviso: "but circumstances are obviously minor and the harm is not great, not deemed a crime." This is the quantitative factors of crime in Chinese criminal law.
(four) the classification of crime of natural crime and statutory crime classification (five) case analysis Wang and Po of a behavior as intentional homicide, but the plot remarkable slight, not deemed a crime.
Fifth speak a crime:Behavior

(a) case a Wu Mou (male, 45 years old) to reduce the number of legitimate heirs inherit father's heritage, so that a greater share of the legacy, he urged his brother rides the airplane travel. To achieve this objective, the Wu even their own money to buy a plane ticket for his brother, because of a recent period of time, airliner accidents happened frequently, Wu he wants to make his brother and the plane fly, so as to achieve the purpose of killing his brother. His brother is Wu surface enthusiasm, then fly out. Sure enough, the plane crashed due to meet strong storm, his brother also died in the crash. Wu suddenly uneasy conscience, then to the public security organs, so that the.
In this case, the public security organ internal disagreement whether to put on record. One view is that should be placed on file for investigation. The reason is that: in the case of intentional homicide, the actor has subjective fault, and the implementation of a certain behavior, and the victim because Wu encouraged flying and death results. Listen, the causal relationship between Wu's behavior and his brother's death. Therefore, Wu's behavior with intentional homicide components, shall file the case.
Another view should not be placed on file. The reason is: Wu persuasion behavior does not necessarily lead to the death of the victim, the victim's death was accidental, and Wu persuasion behavior is not the victim's death, and no criminal law of causality between the two.
Case two the accused Zou, female, 31 years old, a kindergarten teacher.
May 25th morning 10 when, the accused Zou led 4 children to go out to play. A child in the back of the Li Mou (male, 5 years old half) slipped and fell into the septic tank. Zou sees be confound at, but refused to jump into the septic tank in the rescue, only to pedestrians yelling. At this time, there is a middle school student Tian (male, 16 years old) pass by here, after Wensheng immediately went to the septic tank side view, and the same Zou found nearby a small bamboo, detection of septic tank depth, measured fecal water depth of about 75 cm (semi deep), but Zou, Tian two per capita refused to jump into the septic tank is saved baby, just cry for help. Finally, the fan came Wensheng jumped tanks rescue, but it was too late, the children were rescued, has stopped breathing.
The two case relates to how to understand the behavior problems in criminal law.
(two) the concept and nature of "behavior no act, no crime, behavior crime" is the foundation of. The act in criminal law have the following properties:
. behavior of objectivity: (1) behavior is different from the thought (2) behavior is also different from the speech against. Behavior: behavior must be the cause of certain law profit violation results in one case, the defendant wumou subjective although have caused the elder brother death intention, did not take murder but in the objective behavior, but the plane crash that killed his brother, so there is no act in criminal law, do not constitute.
(three) behavior classification. As. Not as not as to the behavior person has certain obligations. Source of obligations:
(1) the legal obligations (2) duties or obligations business requirements (3) the obligation arising from antecedent actions (4) legal obligations of case two is involved in not as a case, the accused Zou on infant death obligation, and Tian as a passer-by no specific obligations, as a crime is not constituted.
Sixth speak a crime:Causality

(a) case defendant: Gao Jiansheng, male, 24 years old, a construction worker.
On the morning of July 16th, will be riding a motorcycle in the City Park South Zhongshan civil electric appliance trade center on the sidewalk in front of the door. This coincides with the tricycle workers Kang Guiquan (male, 66 years old) for the trade center pull goods to the trade center front. Kang think motorcycle ", the car move.". Gao Jiansheng not to let the. In the dispute, the motorcycle is knocked down, Gao Jiansheng was playing with the right hand of the Kang left chest. Kang fell backwards in the curb, immediately "stretched out arm, leg, mouth". Help people, high health sent to hospital, after rescue invalid death.
The autopsy report: (1) the dead Kang Guiquan with a highly vascular atherosclerosis formation, dissection, due to aneurysm rupture, cause bleeding, pericardial tamponade death. (2) with intradermal hemorrhage dead on the left chest, by boxing injury situation. This one can make the dissecting aneurysm rupture.
In this case, whether the defendant Gao Jiansheng's act constitutes a crime, the key lies in: whether there is a causal relationship between the criminal law of the punch behavior and Kang's death.
(two) causality concept and characteristics of criminal causal relationship in is caused by the relationship between behavior and harmful results. The characteristics of causality:
A causal link. Objectivity. Relative causality. The causality. The complexity of the causal relationship (three) determination of causality in criminal law theory relation should be determined in accordance with the following order of causality in judicial:
At the causal relationship of fact, this is a kind of without the former, namely no relation.
. legal causation, according to considerable judgment.
(four) the case analysis in the case of high jasan behavior and health between certain death there is causality in fact, the law of cause and effect relationship then whether or not? It should be that there is a causal relationship between, because although Gao Jiansheng didn't know Kang have an aneurysm, but Kang was 66 years old, the left side of the chest subcutaneous hemorrhage by boxing, this is a kind of intentional injury, death is the result of intentional injury aggravated.
Seventh speakGuilt:Responsibility responsibility ability, refers to the ability to identify and control their own behavior. Responsibility is the premise of behavior person of criminal responsibility. In the criminal law, the two factors of responsibility judgment and age and mental disease.
(a) the responsibility ability and age. In case the defendant Chen Lin, male, 13 years old (born 5 October 1967).
Years later in June 20th 11 when make, Chen Lin pass by this village grain warehouse, two young women see duty has been sleeping, then the concept of rape. He first went to the tractor spare parts warehouse with a pipe as a weapon, and then by the duty room the window into the room. In the practical solution of a young female button, see the turn over, picked up the iron pipe with two young women in the head, killing one man, injuring a person, then fled.
The intermediate people's court that, in the case of a major murder case, a very bad influence, great anger, quasi Chen Lin was sentenced to life imprisonment. Because of Chen crime fashion 3 months and 15 days to 14 years old, no legal provisions can be sentenced, the Provincial Higher People's court for. The Provincial Higher People's court that, Chen Lin crime serious consequences, anger is big, under the specific circumstances of the case, to agree to Chen Lin was sentenced to life imprisonment. But to apply the interpretation of criminal law, audit submitted to the Supreme People's court. In September 1, 1981 the Supreme Court replied: "concerning the age of criminal responsibility," criminal law "(79) fourteenth have been expressly provided, please dispose according to the law." The people's court according to the official reply of the Supreme People's court, shall be investigated for criminal responsibility according to law without Chen Lin.
The provisions concerning the age of criminal responsibility in criminal law in our country (1) no negative phase of the age of criminal responsibility (2) relative criminal liability age (3) completely bear criminal responsibility age (two) responsibility and mental illness. In case the defendant Fan Guoxing suspected his wife Wei Jinlan and cousin fan Jiao Suo improper sexual relationship, since that live as people, resulting in the idea of suicide. The evening of February 2, 1993, Fan Guoxing two times Dutch act attempted, had killed Wei Jinlan and Fan Jiaosuo thoughts, then on April at 1 pm, picked up his iron pot, the roommate sleeping Wei Lan injured. When he went to kill fan focus lock, again afraid to wake a sleeping at his home in preventing he wakes up Dutch act's brother Fan Guoxi stop, he took the lid will Fan Guoxi on the head, and then from the home with an ax to flee to fan coke lock, smashed Jiao Xi Yao fan locked window, and a brick and fan coke lock to hit each other. Fan coke kiln door lock to run out, Fan Guoxing with an axe in fan coke lock head, body cut number. Fan Jiaosuo struggled to mother Fan Guoxing live in the kiln door, fan Guoxing forward again toward fan focus lock left leg to slash an axe, will eventually fan focus lock down. After the crime, Fan Guoxing went to jump ditch Dutch act attempted, hurt his foot.
Shanxi province Linfen intermediate people's court after a public hearing that, the defendant constitutes the crime of intentional homicide. After the verdict, the defendant may, in the original judgment in fact is not clear reason, appeal.
The Shanxi Provincial Higher People's Court of second instance trial in the process, found Fan Guoxing because of his ex-wife died, the spirit of being a great stimulation, before and after committing the crime abnormalities words. According to various kinds of abnormal performance of Fan Guoxing, after repeated discussions, the Shanxi Provincial Higher People's court order Linfen intermediate people's court to ask the departments concerned for forensic psychiatric on Fan Guoxing. In August 11, 1994, the Shanxi province of forensic psychiatric identification technical appraisal committee group making the appraisal conclusion to Fan Guoxing: schizophrenia, disease duration, no responsibility. The Shanxi Provincial Higher People's court thinks, the appellant Fan Guoxing intentional homicide behavior, when he was suffering from schizophrenia onset period, lost for the identification and control ability, he shall not bear criminal responsibility according to law. The case through the judicial committee for discussion and decision, shall make a decision: (1) and revocation of Linfen intermediate people's Court of criminal judgment in the case; (2) the appellant Fan Guoxing not bear criminal responsibility; (3) ordered Fan Guoxing to the Fan Guoxing family strict custody and treatment.
At our country criminal law about the provisions of the criminal responsibility of mental illness will be suffering from mental illness and loss or reduce. Here refers to mental illness, mental abnormality due to mental disorder. Our criminal responsibility of mental patients using three points method, which is divided into the following three kinds of circumstances:
(1) the mental patient do not bear criminal responsibility, criminal law eighteenth paragraph first (2) patients limits the spirit of criminal responsibility, criminal law eighteenth paragraph third (3) fully responsible for the criminal responsibility of mental patients, the provisions of the second paragraph of article eighteenth of the criminal law in addition, criminal law also stipulates:
(1) an intoxicated person who commits a crime, he shall bear criminal responsibility.
(2) a deaf mute or blind person who commits a crime, shall be given a mitigated punishment or be exempted from punishment.
Eighth speakResponsibility: intentional responsibility(a) the case Wang Mou of the accused person was detained by the police for theft of education two. Late on June 5, 1999, Wang Mou and a train station waiting room, while a passenger asleep the handbag stolen. When the station was seized, the bag has "five four" type pistol, RMB 200 yuan and clothing etc.. In the case, Wang Mou of the accused person only admit to theft, did not expect the pistol in the bag.
Question: whether the accused person Wang Mou behavior constitute theft of firearms, the key question is: whether intentionally stealing guns on the subjective.
(two) the intentional crime concept and structure according to the provisions in the first paragraph of the criminal law fourteenth: intentional crime is knowing that their actions will cause socially dangerous consequences, and wishes or allows such result during the subjective state of mind. Intentional crime consists of the following two factors:
Understand factors. The will factor (three) the types of criminal intention. Direct intention. The indirect intent. Direct and indirect intentional discrimination (four) intentionally case analysis of stealing firearms crime must have stolen guns, guns and knowing that is theft constitute theft of firearms. In this case, did not recognize the bag with a gun, deliberately so there are not stealing guns on the subjective, does not constitute the crime.
In addition it should be noted that: in general, the amount of plot elements, crime subjective does not require knowing. But if the amount of property than most people imagine you can think the lack of this kind of crime intentionally, such as astronomical grape case.
Ninth speakGuilt: blame(a) the case on April 3rd afternoon 4 when Xu, Chen Jianbing of the accused person to carry gunpowder guns homemade duck. On the way back, he met the victim Hu Jinchang oncoming. Hu Wenchen: "pheasant hit?" Chen Da: "no name." Two people spoke, Chen hands powder gun muzzle to Hu's head. Chen Jianbing due to negligence, resulting in a powder gun hand accidentally, gun shot hit the distance of 4 meters Hu Jinchang head, Hu was shot and immediately fell to the ground, with blood all over his face. Chen Jianbing looked at, immediately and others will be Hu sent to hospital. And then to surrender to the public security organs, the victim Hu Jinchang died from injuries.
(two) the negligence of crime concept and the characteristic according to the provisions of article first of criminal law fifteenth, negligent crime refers to the act should have foreseen that his behavior may cause socially dangerous consequences, because negligence and do not foresee, or have already foreseen but believe can avoid, so that the results have the psychological attitude.
The negligence of crime has the following two characteristics:
Understand characteristics: non cognitive negligence and negligence with understanding. Will feature: negligence and rash (three) types of criminal negligence. The fault of negligence. Overconfident negligence. Distinguish the careless negligence and negligence of over confidence (four) cases the defendant Chen Jianbing on subjective negligence, so the act constitutes a crime of negligence causing death.
Tenth speakThe amount of crimeA few days before the case of Beijing Evening News reported, Beijing Haidian District people's Procuratorate in the prosecution Zhang theft, stolen goods found identification of materials by the public security organs, take four pieces of five calculation methods of theft, the figure is just 1000 yuan. But according to the calculation method of strict, larcenous amount is 996 yuan, not the standard of conviction. Because in accordance with the provisions of Beijing City, the judiciary, the burglary amount reached 1000 yuan to constitute a crime. Therefore, the Haidian District people's Procuratorate the case will be returned to the public security organ.
Question: why must reach the theft amount is only a crime?
(a) the concept and features of criminal crime is based on Ontology elements constitute the crime of the number of elements, that the law profit violation degree.
Crime has the following features:
. legal. Comprehensive. Degree (two) the amount of crime: crime behavior only amount reaches certain degree constitutes a crime.
If the amount of illegal business operation. The specific amount. The amount. (three) the circumstances of the crime plot crime: behavior only reached the severity is a crime.
. if the circumstances are serious. Vile. Specific plots eleventhJustifiable defence (a case) in February 3rd and 6, the defendant Wang Xiaolan home has two stolen, so that the whole family is panic, the king will be his wife sent to the family residence, and let the brother-in-law Jiang Haiyong company to home. That day afternoon 17 when Xu, Wang, Jiang's home, the door locked. Before going to bed, Wang Xiaolan will the outer round table knife and put in a piece of sofa North knife, stood on the north side of the sofa, and pulled the Westinghouse curtains. Two people from entering the house to sleep did not turn on the lights. At about 12 that night, Wang Xiaolan neighbor Tan Jiawei hand power over the wall into the Wang Xiaolan home. Tan Zhan on the wall also with a flashlight to Wang Xi house according to window, and then jumped into the Royal hospital. Wang, ginger 2 people hurriedly stood up in the sofa north head towards the door. Tan Jin house, opened the door with a flashlight to see Westinghouse, the house was to run, outbuildings, and immediately took up outbuilding round table a hit to the king, ginger. Ginger lying back, tan and to ginger knee kicked, ginger and fell to the ground. At the same time, Wang, Jiang respectively took the cutter, pipe outward to catch Tan, Tan went to the outer room north off the cottage door, took back their king, Jiang basin. In the dark (inside and outside the house lights never open), Wang holding piece knife, ginger with iron pipes and a washbasin Tan struggle in the outer. Both sides fight lasted about 20 minutes, to the king, their uniforms and bind Tan jiang. Then, the king, ginger 2 people that report to the public security organs. After Tan was sent to the hospital, after more than four hours of the rescue, died. Wang Xiaolan's two stolen most of the items, the public security organ in the February 8, 2000 24 in the Tan Jiawei's law is found.
(two) the concept and the significance of justifiable defense according to China's criminal law twentieth provisions of the first paragraph: "to take in order to the country, the public interest, the person himself or herself or others, property and other rights from being infringed on the suppression of unlawful acts, causes harm to the unlawful infringer, justifiable defence, do not bear criminal responsibility."
Justifiable defence significance:
. justifiable defense is a right of citizens. A kind of obligation of self-defense in some cases are also citizens. The justifiable defense is a means to fight against the illegal violation (three) self-defense. The intention of defense. Defense cause. Defense object. Defense time. The limit of Defense (four) over defense of criminal law twentieth the provisions of the second paragraph, justifiable defence obviously exceeds the limits of necessity and causes serious damage, is unjustifiable self-defense, shall bear criminal responsibility, but should be reduced or exempted from punishment.
(five) non excessive defense 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 illegal caused casualties, it is not undue defence, shall not bear criminal responsibility".
(six) the case analysis of Wang Xiaolan's behavior is justifiable defence, does not constitute a crime.
Twelfth speakSin is not complete (upper and lower)The criminal law of our country put the unfinished crime pattern is divided into three kinds, which is the preparation for a crime, attempted crime and discontinuation of a crime.
(a) preparation for a crime. The case years at noon on June 7th, Wang Qiang, Luo Qiang, Wang Shouhong and rob taxi. Therefore, three people together to prepare a serrated knife, knife, scissors, nylon rope operation, adhesive tape and other crime, in the evening to carry the tools stopped a taxi, intended robbery. In the car, they said to Simon station and the Jiu Yanqiao, caused the driver clock Moumou suspected. The clock will drive to a taxi station, the suspicious cases report the public security personnel. Public security personnel will be immediately captured three people.
At preparatory crime concept and characteristics of criminal law twenty-second provisions of the first paragraph: "in order to crime, preparation tools, manufacturing conditions, is the preparation for a crime." Preparation for a crime has the following three characteristics:
(1) has been the implementation of crime in preparation (2) failed to proceed with the implementation of crime (3) failed to proceed with the implementation of crime is due to reasons other than the will of the criminal element. The punishment of preparatory crime criminal law twenty-second provisions of the second paragraph: "the crime in preparation, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment."
Case analysis case. The three people such as Wang Qiang's behavior is a crime in preparation.
(two) attempted crime. Case defendant shen Mou, male, 24 years old, workers in a factory. The defendant that difficult to repay debt, then, to steal the factory financial shares safe cash. In late February 7th 9 when make, the defendant to pry open the door because of financial stocks, but cannot open a small safe cabinet, failed to steal cash (hundreds of yuan). So, the defendant will be a small safe move away from financial stocks, small test chamber in the factory warehouse next to, want to wait for the right time to open a small safe, stealing cash. The second day, the financial stocks accounting work Li found office broken, a small safe missing, immediately to the factory security stock report. The third day at eight fifteen in the morning, people in test lab to find a small safe, the door is not open, ark yuan also in one's integrity.
Twenty-third of the criminal law. The concept and characteristics of attempted crime of the provisions of the first paragraph: "has already begun to crime, due to reasons other than the criminals will not succeed, is attempted crime". Attempted crime has the following three characteristics:
(1) has already started to commit a crime (2) did not succeed (3) unfinished crime is due to reasons other than the will of the criminal element. Types of attempted crime (1) the completed attempt and not the completed attempt (2) attempted crime and impossibility. Penalties article twenty-third of the criminal law provisions of the second paragraph of crime attempt: "for attempted offense, can be accomplished crime shall be given a lighter or mitigated punishment".
The defendant. The case analysis of a certain Shen behavior belong to attempted crime.