Beijing Shengyun law firmKu Jianhui lawyer

   How to prevent the public security organ to common violations as criminal investigation? To prevent the public security organs in criminal cases investigated how to expand scope, affect the normal life of citizens, to distinguish between the ordinary illegal or criminal illegal, we briefly from the following several aspects to do a simple analysis.

   A, judging from the behavioral consequences. The behavior is the same, if serious consequences, effect is relatively poor, is criminal, without causing serious consequences, is the common law cases. Such as traffic accident cases, if there are more than 3 persons injured or killed over 1 people, constitute the crime of traffic accident. Such as a small amount of drink driving but no detection to drunken standard, should be the common law cases.

   Two, judging from the circumstances are serious. According to the "criminal law" provisions of the constitution of crime, there must be "serious" or "vile" this condition, such as the crime of insult, libel, crime of abuse, abandonment etc.. If the actor has the same behavior, but did not reach the harsh or severe degree in the circumstances, not as a criminal punishment, can only be given administrative punishment.

   Three, from the amount of judgment. According to the "criminal law" provisions of the constitution of crime, are needed to achieve "strong" standard in amount, such as the violation of property crime, the crime of theft, fraud, blackmail and impose exactions on crime. If the "big" degree in amount, belong to the criminal case, it belongs to illegal cases in ordinary.

   Four, from the subjective objective judgement. The same behavior, for-profit, constitute a criminal case. In contrast, non for profit, is a common law cases. For example, for the purpose of profit, lure, shelter a woman to engage in prostitution; for the purpose of profit, production, sell erotica, erotica, criminal cases; not for the purpose of introduction or prostitution, demimonde to profit, is the common law cases.

   Judging from infringing on object five. If the violations of the object value is high, may constitute a criminal offence, and vice versa for the common violations. For example, people intentionally destroys precious cultural relics or killed national key protected rare, endangered wild animal, would constitute a criminal offense; if damage or kill is ordinary cultural relics or animal, it belongs to the common law cases.

   Six, from the behavior means judgment. For example, against the national personnel in carrying out their duties according to law, if the use of violence, threats, constitute a criminal offense; without the use of violence, threat, is the common law cases.

   Seven, from the behavior of the number of crime judgment. Behavior reaches a certain number of crime, constitutes a criminal offense, or for general illegal behavior. For example, a year in public or burglary three times above, which constitute the crime of theft; if not meet the times, is the common law cases.

   Eight, from whether in some illegal judgment or for the industry. If students or for the industry in some illegal behavior, is a crime, otherwise the general illegal. As for the purpose of profit, gambling or gambling industry or to open a casino, this is gambling or for the industry, which constitute the crime of gambling; if only for entertainment, occasionally friends playing cards, playing mahjong, do not constitute a crime.

   Nine, from may cause some serious danger judgment whether. Such as the destruction of traffic facilities, sufficient to cause the train, car overturned, destruction of dangerous, belongs to the crime; if not the dangerous, only minor damage, it belongs to the common law cases.

   According to the above can determine some simple case is a criminal case or common law cases. The public security organs should not according to the criminal case, the parties shall have the right to specific situations raise objections in writing to the public security organs, request to withdraw the case. If the public security organ shall not withdraw the case, the parties may reflect a condition to the procuratorial organs, procuratorial organs or the departments of discipline inspection requirements for case filing supervision.

   For the use of specific legal basis in the case, advise the parties or their family members to consult with a lawyer, the lawyer's advice as the main reference.