"Criminal Law (1)) formative assessment book" refer to the answer

"Criminal Law (1)) formative assessment book" the reference answer (04 edition 08 printing)

The criminal law (1) homework 1
Analysis of the case (every day 50 points)
The first question: Yamamoto XX, female, 42 years old, the Japanese nationality. Ma Moumou, male, 35 years old, the Hongkong Special Administrative Region Chinese citizens...
Reference answer: the scope of validity of criminal law is related to material criminal jurisdiction.
According to the relevant provisions of the criminal law of our country, drug smuggling, regardless of the quantity of the parties, shall be investigated for criminal responsibility, criminal penalties. A in the case of cocaine to drugs. Yamamoto certain violations of immigration management system in our country, carrying drugs into China, not to declare to the customs and the choice of Easy Access, intent to evade Customs supervision, which constitutes the act of smuggling, constitute crime of smuggling drugs; Ma Moumou a receiving behavior belongs to the act of smuggling, constitute a crime of smuggling drugs. According to Chinese criminal law, where a crime within the people's Republic of China, unless the law has special provisions applicable to office, China's criminal law; as long as a criminal act or consequence takes place within the people's Republic of China, that is in the field of the people's Republic of China in crime. Yamamoto XX and XX horses smuggling began in China's overseas, but in China, belongs to the crime in china. At the same time, Yamamoto so and so is a foreign nationality, but not the foreigner enjoys diplomatic privilege and immunity, and the horse so and so although the citizens of Hongkong Special Administrative Region of China, but its behavior did not occur in Hongkong region, the two human behavior are not part of the law has special provisions applicable jurisdiction, so I criminal law. Yamamoto Moumou and Ma Moumou behavior should apply the provisions on drug smuggling criminal penalties, the quantity of drugs shall number to the verified calculation, not was considered. And as a criminal conviction and sentencing basis.
Question second: Wang * * (male, 17 years old) and the victim Chen * * (13 years old), neighbors, who had a good relationship. One day, Wang X and his brother went to the river to take a shower...

Reference answer: the causal relationship between the behavior of Wang and Chen's death, Wang's behavior constituted not as a form of manslaughter. From an objective point of view, Wang's act constitutes a crime of omission. Wang has specific duty to implement security protection Chen, this specific obligation is in danger caused by Wang Chen first behavior. Chen is a child, Wang promised him and took him to the river seven meters far away from the deep water swimming, this is undoubtedly the perilous state of Chen's life, so it has a specific obligation shall protect Chen wang. Wang Mouyou perform specific obligations to protect Chen may fail to perform. Wang is not as violations of the criminal law protection of object and the object, namely Chen's right to life. And, Wang is not as a causal relationship between the drowning death of chen. So, from an objective point of view, Lee is not as a crime. From the subjective aspect, Wang is the fault of negligence. Wang as an adult, should foresee that if they are not accompanied by protection or to Chen back to the shore. Chen is likely to risk drowning deaths. But he was due to negligence did not foresee own behavior may cause socially dangerous consequences, it is because of this kind of irresponsible carelessness, results Chen drowning deaths so, from the subjective aspect, the behavior of Wang is the fault of negligence.
The criminal law (1) homework 2
The first question: Zhao, male, born in March 1989, XX school students...

Reference answer: Zhao incineration other homes on the edge of the haystack, caused great loss of property, and the safety of lives and property of citizens to form a serious threat, its behavior belongs to the acts of endangering public security. Zhao implementation of arson behavior under fourteen years of age, has not reached the age of criminal responsibility, the establishment of conditions do not conform to the subject of the crime, the act does not constitute a crime, he shall not bear criminal responsibility.
Question second: the case of Lee, male, 45 years old, farmers. Li x, male, 15 years old, Li Mouzhi sub. One day, Lee saw a group of farmers in his home retention Hill control tree stump for firewood...
Reference answer: Lee behavior mental attitude is to let the occurrence of harmful results, the intentional (indirect intentional homicide behavior). Indirect intention of crime, refers to the act of knowing that their actions may entail harmful consequences to society, and let this happen mental attitude. There are many people Lee knows the hillside, with the son of a rolling stones from the mountains down, causing death. Lee knowing that their actions may entail harmful consequences to society, and take a laissez faire attitude, intentional (indirect intentional homicide behavior).
The criminal law (1) homework 3
The first question: Wang, female, 33 years old, was introduced and a soup met and married because of household chores poisoning cases...
Reference answer: Wang's behavior belongs to automatically and effectively prevent the result of crime discontinuance of crime. (the answer to suspend relates crime meaning and specific description) Wang for killing a soup of purpose, implement completed put poison intentional homicide behavior, and its behavior has constituted the crime of intentional homicide; but soon they will be based on the victim, sent to hospital emergency escape, effectively prevent the accomplished results occurred, and its behavior conforms to automatically and effectively prevents the consequences of the crime from aborted occurring crime tenable condition, constitute the crime of intentional homicide crime discontinuance. According to the provisions of the criminal law, for the discontinuance of crime, causes no harm shall be exempted from punishment, damage is caused, be given a mitigated punishment. Wang's intentional homicide caused considerable damage to the victim's body has been. Therefore the punishment principle of Wang's murder is to be given a mitigated punishment not exempted from punishment.

Question second: Zhou, female, 17 years old; Gan, female, 16 years old, Lee, 13 years old, a 19 year old male, hole,, Hu Mou, male, 18 years old...

Reference answer: Zhou, Gan, Kong, Hu four per capita has over 16 years of age, are completely negative phase of the age of criminal responsibility, criminal responsibility shall be borne for crime on their own. Zhou, Gan (to describe the circumstances of the crime) for the common intent, common implementation of a common crime obscene, insulting women sin. Zhou belongs to rape the instigator, Kong, Hu direct implementation of the rape, so it belongs to the rapist's crime. Zhou has forced obscene, insulting women sin, and rape, as the combined punishment for several crimes. According to the criminal law, the full 14 under 18 who commits a crime shall be given a lighter punishment reduced, less than 18 of discomfort to death. Zhou, Gan a crime are less than 18, it shall be given a lighter or mitigated punishment, and the application of the death penalty.
The criminal law (1) homework 4
Analysis of the case (every day 50 points)
The first question: the case: Li Mou, male, 36 years old. In 1998 November, Lee had committed the crime of intentional injury was sentenced to one year...
Reference answer: Lee does not constitute recidivism. The provisions of our criminal law recidivist, divided into general recidivism and special recidivism is two. General recidivism is sentenced to the penalty and the penalty is finished or pardon, he shall be sentenced to prison or a criminal punishment of sin internal crime in 5 years. In this case, the defendant was sentenced to one year, two years of probation, the probation period expires, and crime, was sentenced to three years in prison, but he does not constitute recidivism, probation is not because the conditions attached to the execution of the penalty, the test period the punishment originally decided is not executed, and instead of penalty has been executed, which do not meet the conditions of recidivism. On the two time Li Moudi committed the crime of intentional injury and theft should be combined punishment for several crimes. According to article sixty-ninth of the criminal law on before the judgment is pronounced, a person who has committed several crimes should be first conviction, then according to the principle of executing penalty punishment decision.
The second question: the case: Wang Mou (male, 26 years old, unemployed) from Wu Mou theft...
Reference answer: the court's decision is wrong. Should the robbery sentenced Wang to death, deprived of political rights for life, fine number of element. Our country criminal law 269th stipulation: "Whoever commits the crimes of theft, fraud, robbery, for booty, resist arrest or destroy evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of article 263rd convicted and punished." In this case, Wang Mouxian in Wu Mou theft of more than 2000 yuan, constitute the crime of theft; in order to resist arrest and killed Lee, constitute the crime of transformed robbery crime condition, so the Wang Mou shall be convicted and punished for robbery. Our country criminal law 263rd stipulation: "robbery causing serious injury, death; 10 years imprisonment, life imprisonment or death, and concurrently be sentenced to a fine or confiscation of property." The criminal law fifty-seventh stipulation: "the criminal who is sentenced to death, life imprisonment, shall be deprived of political rights for life." So we should regard the robbery Wang to death, deprived of political rights for life, fine number of element.

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