Criminal law knowledge summary

On the unit crime:

1.Only by the units constitute a crime: the crime of providing false financial report; the crime of obstruction of official business; evasion crime; illegal collection of blood for blood products crime; illegal manufacture and sale of firearms.

2.Units can constitute a crimeManufacturing sales; mail transportation and storage of firearms and ammunition of Explosive Crime; the crime of major environmental pollution accident; production and sales of fake and shoddy products crimes of smuggling common goods; crime; crime of money laundering; fraud; crime of insurance fraud; crime of tax evasion; Xukai value added tax of counterfeiting registered trademark crime; crime; the crime of infringement of copyright infringement of business; secrets; crime of contract fraud; illegal business crime; crime of child labor in critical labor; the significant environmental pollution accident crime; crime of manufacturing narcotics trafficking illegal transportation; the drugs crime.

3.Not by the unit:The company the enterprise personnel taking bribes; crime of counterfeiting currency; credit card fraud; crime of fraud of the loan; tax revolt crime; illegal possession of firearms and ammunition with a crime; illegal taxi gun a crime; Chapter encroaches upon the citizen personal rights crime; Chapter crimes of property violation; refusing to implement the judgment against the crime of malfeasance crime; chapter and the crime of bribery and corruption crimes.

He may be sentenced to death:

  Espionage; stealing spying buying and illegally providing state secret intelligence crime; crime of arson; explosive crime, crime of throwing dangerous substance ; the crime of endangering public safety; crime of destruction of means of transport; crime of sabotaging transportation facilities; hijacking; illegal sale of guns and ammunition manufacturing mail transportation and storage of Explosive Crime; production and sales of counterfeit drugs crime; the crime of counterfeiting currency; Xukai special VAT invoice crime; rape murder, mayhem, kidnapping and the crime of abducting and trafficking in women and children,; robbery, theft crime of manufacturing narcotics trafficking; transport; the organization prostitution crime, corruption and bribery.

Description: sentenced to death for general requirementsHave aggravated the presence or caused serious consequences, the charges as "if the circumstances are especially serious" and should be sentenced to"Absolute death penaltyYes4A: the crime of hijacking aircraft; kidnapping; turn buy Women and children, the crime of corruption and bribery crime.

About the starting time and the executing organ:

(1)Starting time:Control from the execution date; detention from the execution date; in prison from the date of execution; life imprisonment from the date of execution; probation period from the date of the judgment; probation period from the date of the judgment; no period is reduced to a period of the order of commutation date;"There is no pipe in execution, two slow to determine"

The probation period for parole date; the period from the date of the crime, there are continuous or continuing from the date the act ends; commutation or parole execution of the original term1/2The time when the above the sentenced from the execution date; deprivation of political rights as the main punishment is finished, or parole date, recidivism5Years before completion of the execution, or pardoned crime date; effective judgment alone from deportation application when date, additional applicable penalty execution from the completion date; limitation of prosecution and the crime from the crime date.

(2)The executing organ:

The public security organs: probation, parole, control, criminal detention, deprivation of political rights, expelled from the enforcement of rights.

Detention: was sentenced before the execution of the remaining term of his sentence is delivered in1The hungry execution place.

The people's Court: the death penalty; penalty of confiscation of property.

The Supreme People's Court: the death penalty; death to death sentence; Amnesty execution; parole special approval authority; the case of special and do not have the statutory mitigating circumstances and the need to reduce the power to approve.

The higher people's court sentence: decisions and approval authority.

The Supreme People's Procuratorate: more than20Maximum statutory penalty years longest limitation for no period or the death penalty must be prosecuted special approval authority (but more than maximum limitation of action in civil cases by the people's court shall extend)

Some forms of quantity of crime

1According to the concurrent processing:

The organization and leadership to participate in a terrorist organization in the underworld or utilization of the terrorist organization;

Organizational leadership in the underworld and specific to other criminal underworld;

Smuggling common goods and the violence against anti smuggling;

Production and sales of fake and shoddy products or counterfeit anti detection;

After the robbery and murder is to prevent divulgence of one's Secrets;

After the traffic accident is to prevent divulgence of one's secrets and the murderer;

Bribery and embezzlement or misappropriation of public funds and bribery

After accepting a bribe for illegal activities constitutes another crime or breach of privilege be forgetful of one's duties;

Buy after the rape was buying women or buy illegal deprivation of restriction of freedom or hurt and insult;

The killing of the insured to defraud insurance money;

Again for the spy organization;

Aircraft hijacking and innocent or rape of women;

Women and children in turn buy the crime of intentionally killing damage were buyers and their relatives(If not deliberately not punishment,Only aggravated constitution);

The implementation of child labor in critical labor crime cause accident constitutes another crime;

For other crimes and steal a motor vehicle as a tool,Lost or possessions;

Steal a motor vehicle fault kill others,Constitutes another crime;

The embezzlement of public funds for gambling, smuggling and other illegal activities constitute a crime;

To hurt or kill the victim for revenge or other purposes and to take property;

The organization has to kill border,Hurt,Rape,Turn to buy or kill the inspectors,Hurt;

2Not to combined punishment for several crimes:

In espionage and stealing, spying, buying, illegally providing state secret intelligence crime;

To prevent divulgence of one's secrets as a means to hijack aircraft;

To set as the means of destruction of means of transport;

Production and sales of fake and shoddy products and infringement of intellectual property rights, from a re at;

Counterfeit currency and transportation make money or sold;

After the kidnapping of killing the kidnapped person;

In the process of buying abducted women and rape women or buy buy buy are in turn after turn buy Women theory;

In order to intentional homicide as a means to rob on the implementation of the robbery;

Theft and vandalism or harboring stolen property in his;

The organization prostitution of women raped, aggravated constitution;

And play favouritism and commit irregularities to accept bribes, from a re at;

After the traffic accident victim from the spot to hide, abandoned the not timely rescue and death or serious injury;

Manufacturing and trafficking drug transport anti violence detection;

Organization border and anti detection;

Postal workers dismantle private mail and steal property, theft of theory;

Violence and illegal detention of causing death, serious injury or death by torture to extract confessions injured;

"Stealing credit card and using, theft of theory;

To profit for the purpose of stealing others communication line copy others telecommunication number, equipment and facilities and use, theft of theory;

Theft by stealing the contraband;

3. death caused by intentional homicide or assault by processing (conversion)

Illegal detention of violent death;

The crime of torture to extract confessions of death;

The crime of obstructing the violent death;

Tax intentionally causes a person's death;

Affray caused deaths, injuries;

Kill people gathered beating;

Deaths caused by violence;

Shall I and my family members in accordance with the requirements of euthanasia for patients;

Meet Dutch act and I don't Dutch act, forcing others Dutch act;

Help is not full of deception14One or the loss of people's identification and control ability Dutch act;

Refusing to implement the judgment of court and the killing of wounded personnel;

The escape process cause death regulators;

Abuse regulated to death;

4Not according to the crime of intentional homicide processing (absorption)

As a means to set fire to kill harm the public safety, to arson theory;

Hijacking causes the death of aircraft;

Kidnapping kills the kidnapped person;

To kill as a means of looting, according to robbery theory;

In the crime of robbery with violence or other means of causing death, robbery and aggravated constitution;

The insured, the beneficiary intentionally causes the death of the insured, serious injury or disease;

Be careful: abetting will completely free for anyone who Dutch act, others without this Dutch act meaning or others though but will not firmly and be abetting encouraged, or the objective of facilitating conditions, not to the theory of crime;

5. death can only be negligent

Death caused by escape in traffic accident crime; illegal detention of death;

Deaths caused by negligence; causes the death of rape victims caused the death of the crime of kidnapping;

Turn buy Women and children to death; violent interference causes the death of the freedom of marriage;

The illegal practice causing death; abuse death; causes the death of the crime of organizing prostitution;

Intentional injury causing death; death caused by medical accidents;

6Unpremeditated crime

Traffic accident crime; offence of major accident;

The performance of the contract being signed dereliction of duty crime;

Medical accident crime; the crime of major environmental pollution accident;

Be forgetful of one's duties crime of dereliction of duty in executing the adjudication;

Abuse victim or victims of the death of Dutch act;

7Dear action

Violent crime of interference with the freedom of marriage; maltreat crime; embezzlement crime; crime of insult; libel;

The special constitutive elements of crime

1Of special subject

1.Subject to national staff:

         Corruption crime; embezzlement crime; bribery crime; the crime of huge unidentified property;

2.The main work for the personnel of state organs:

         The crime of breach of privilege; be forgetful of one's duties crime; the revenge against crime; the escape

         Note: the object of the crime of obstructing the object of crime of try every trick to mislead the public, is the staff of state organs

3.The main work for judicial personnel countries:

         The crime of torture to extract confessions; crime; civil, administrative crime of misuse law in adjudication; con stitutive requirements;

Dereliction of duty in executing the adjudication; executing the adjudication the crime of breach of privilege;

4.Other.

         Crime of treason;

         The fugitive (for the personnel of state organs)

         The crime of major accident liability (factories, mines, forestry, construction enterprises or other enterprises and institutions of workers)

         Bribery crime of company or enterprise personnel;

         The crime of illegal business operations (State-Owned Company of corporate directors, manager)

         The crime of evading taxes (the taxpayer, withholding obligor)

2The special purpose of crime composition

Infringement of copyright to profit;

Women and children turn to buy the crime for the purpose of selling;

The crime of offering bribes to seek illegitimate interests for the purpose of

Smuggling obscene goods crime for profit or for the purpose of communication;

Obscene articles for the purpose of profit;

For the purpose of illegal possession: fraud; credit card fraud; crime of insurance fraud; crime of contract fraud; crime of robbery; crime of theft; fraud; crime; crime; embezzlement; blackmail and impose exactions on corruption crime;

The crime of smuggling ordinary goods to evade duty crime is essential;

The crime of evading taxes to evade tax seeking unlawful interests;

The crime of kidnapping for extortion, theft of infants or as a hostage;

Crime of false accusation that a person subject to criminal investigation for the purpose of;

Insult libel to harm others for the purpose of honour;

Torture to extract confessions to extort confession for the purpose of;

The crime of misappropriation of funds for personal use or lending to others for the purpose of;

Try every trick to mislead the public as a crime by illegal interests;

Perjury to frame others or conceal evidence;

Escape to escape custody and execution of punishment;

The crime of misappropriating public funds for personal use;

Classification of several charges

1Dangerous crime

Crime of throwing dangerous substance; production and sales of counterfeit drugs crime; crime of arson (note not crime, crime explosion);

Crime of sabotaging means of transportation; crime of sabotaging transportation facilities;

2Behavior committed

   The crime of rape; kidnapping; women and children turn to buy tax revolt crime; crime; crime of hijacking aircraft;

   The crime of torture to extract confessions;

3The prisoners

   A major liability accident crime; crime of traffic accident crime; fire; the significant environmental pollution accident crime; crime of intentional homicide;

The crime of intentional injury crime of theft; fraud......

4Not as pure as not

The abandonment crime; crime; the crime of huge unidentified property; refused to carry out of court sentence;

5To make

   The crime of illegal detention; the crime of concealment; booty crime; crime of abandonment;

6The aggravated consequential offence

   The crime of intentional injury: causing serious injury, death or especially cruel wounded or disabled;

   The crime of rape: in any of the following circumstances:

1.The rape of women, carnal knowledge of a child3People above;

2.In the rape;

3.More than two people gang rape;

4.Cause the victim died of wounds;

5.Vile as base motives, means cruel;

   The crime explosion: the death of or causing heavy losses to public or private property by the people;

   Crime of throwing dangerous substance: or dangerous to approach the harm public security crime of causing death or serious losses to public or private property;

   The crime of illegal detention: causing death;

   The kidnapping crime: induced death of the kidnapped person or damage the kidnapped person;

   Turn buy Women and children: sin sentenced to death8Plot:

1.Group ringleader

2.Turn buy Women and children3People above

3.Rape were bought women, regardless of whether or not women against violence and

4.Decoy forced prostitution or sold to others forced prostitution

5.For the purpose of selling used threats of violence or anesthesia abduction of women and children

6.For the purpose of selling stolen children

7.The relatives of the victim caused by death or other serious consequences

8.Sold to overseas

   The crime of robbery:8Aggravating circumstances "robbing robbed the bank robbery, many casualties, posing as a policeman with a gun, special materials can't grab"

1.Robbery of housebreaking

2.Robbery on public transportation

3.Rob a bank or other financial institutions

4.Repeated robbery or huge amount of

5.The death caused by injury

6.Posing as police officers

7.Armed robbery

8.Robbing military materials or rescue, relief materials

  The organization prostitution crime: if the circumstances are serious

  Violent crime of interference with the freedom of marriage: causing death to the victim

Digital regulations in the criminal law

1The provisions in the general provisions

1.Personal effect of criminal law

Chinese outside the domain of crime, maximum statutory penalty3The following year, can not be held, but the national staff and soldiers of the crime must be.

The foreigner crime on the Chinese outside the domain, minimum statutory penalty at3Years or above, can be investigated, but according to the criminal law is not a crime not to be prosecuted.

   

2.The sentence of the Several Provisions

Control:3Months --2For years, not more than3Years;

Criminal detention:1Months --6For months, not more than1Years;

Fixed-term imprisonment.6Months --15For years, not more than20Years;

Stay of execution:2Years after there is major meritorious services reduced to15-20Years of commutation, the practical implementation of not less than12Year (not including the suspension2Years);

Deprivation of political rights: independence when applicable to criminal detention period, for the1-5Years;

              Control with the death, no period for life;

              The death penalty and imprisonment commuted to a period corresponding to3-10Years;

Probation period: the original sentence or detention1The following year, no less than2Month;

              The prison sentence for the above5The following year, shall not be less than1Years;

Commutation limit conditions: control, criminal detention, a period of not less than the term originally decided1/2;

              No period of not less than10Years;

              The death penalty for the practical implementation of free period, a period after the reduction shall not be less than12Years;

The limit conditions: a period of execution1/2The above, no period10Years or above;

              The actual execution reprieve12Years (not including the death sentence with a reprieve2Years);

              Commit violent crimes sentenced10Years or above period, no period of parole;

Commutation range: General1Years or2Years

         Yes10Years or above period, every time2Years or3Years;

         No period: true repentance or performed meritorious service is reduced to18-20Years;

If there are major meritorious services reduced to13-18Years;

The probation period: the period has not been completed sentence; no period10Years;

 (3) back time: the maximum statutory penalty5Through the years5Years;

         Maximum statutory penalty5Year is less than10Through the years10Years;

         Maximum statutory penalty10Years, after15Years;

         The maximum prescribed punishment is no period or the death penalty after20Years

 (4The age of criminal responsibility: dissatisfaction)14Years of age, the age of criminal responsibility is not negative;                

Full14Dissatisfaction16Years of age for relative criminal responsible age;

Full16Years of human completely negative the age of criminal responsibility;

Full14With the age of18Years of age in order to reduce the criminal age;

(5): former crime recidivism in prison more completed or pardon5Years and crime should be sentenced to the crime

2The provisions in the specific provisions, digital

  Producing and selling fake or substandard products: sales amounted to5Million yuan;

  Smuggling common goods of crime: evade paying duties5Million yuan;

  The crime of evading taxes: serious for its constituents:1.Steal tax accounted for the amount of payable10%Less than30%.And ten thousand yuan of discontent3Million yuan

2.Ratio of less than1.But if the evasion is administrative punishment two times3.Steal tax accounted for the amount of payable30%And the amount in more than10Million yuan

  Theft: "secret steal" refers to1Year indoor theft or in public places to pick3More than once

The organization prostitution crime: control3More men or women to engage in prostitution;

The crime of corruption: the individual amount5000Yuan to constitute a crime, criminal, discontent5000If the circumstances are serious and a crime;

The crime of misappropriating public funds (1) for personal use for illegal activities and criminal point5000Element-1Million yuan;

           (2) individuals were profitable activities starting point of punishment1-3Million yuan, as a large amount of

Bribery: personal bribery in5000Yuan, as guilty of acceptance of bribes, dissatisfaction5000Element is relatively serious, also as guilty of acceptance of bribes;

Be forgetful of one's duties crime of "significant loss" (1) death1Or more seriously3Or more injuries10People above;

                        (2The direct economic loss)10Million yuan;

The crime of major accident liability: "major casualties or serious consequences"

1.Death1Or more seriously3People above

2.The direct economic loss5Million yuan;

Crime of illegally holding drugs: Opium200Grams methamphetamine10Grams;

About some "limitation" and "no limit"

1.The crime of "seek interests for others", is legal and illegal, is seeking to, does not affect the establishment of the crime:

2.Crime of Infringing Commercial Secrets "allow others to use their", obtaining commercial secrets for others to use, paid and unpaid limited;

3.The kidnapping crime of extortion or other illegal purposes is achieved without affecting the establishment of this crime accomplished;

4.Theft theft in huge amount or precious cultural relics, if not steal, like at night to sneak into the financial institutions, Heritage Museum, also constitute the crime of attempted;

5.The bribes crime, did not think that the interests of others as a necessary condition, but corporate bribery, required for the interests of others is essential;

6.Accept bribes, to think of others for profit as the condition, as the legitimate interests of legal or not, or not, shall not affect the establishment of this crime.

7.Mediate bribery crime constitution requires that seek illegitimate interests as trustees, and regardless of bribery are required for the trustees to seek illegitimate interests is essential;

8.Bribery: to seek illegitimate interests;

9.For profit taking, injection drug users to provide narcotic drugs, psychotropic drugs, the drug trafficking crime;

10.Smuggling, drug trafficking to the criminals to provide narcotic drugs, psychotropic drugs, whether or not for profit, all with drug trafficking crime theory;

11.Recidivism crime is intentionally committed to before and after the period of above crime, the main punishment is finished5Years; probation period undo reasons are not required and crime must be intentional, negligence can;

12.Women and children in turn buy rape were bought women, regardless of whether the perpetrator of violence, intimidation or coercion, abducted women against said to buy;

13.The unit crime request to seek illegal interests for the unit, and must be and work unit business contact;

The legal circumstances

134A heavier punishment pithy formula memory

Young girls and children, bribes and recidivism;

Collusion crime Guoan, insurgency by police;

Four minor: the drugs and porn, luring the engage in promiscuous;

Three countries: master the secrets in dry, illegal detention and framed;

The three Judicial Clerk: perjury destroyed evidence testify, torture caused homicide case might, illegal search into the room;

Detention beating insult, by promoting three prostitution;

Counterfeit currency and sell, reserve tree cutting;

Postal personnel engaged in theft, misappropriation of personal special section;

Smuggling armed hidden, posing as police officers to cheat, drug personnel protective drug;

Drug traffickers second malignancy, jute and mass chaos, regulatory abuse death and disability;

The fraud false declaration, the relevant personnel do;

The wartime destruction and hinder, military equipment and personnel;

2From the plot, reduction, exemption

From the, reduction:   The attempted instigation psychosis, attempted crime of voluntary surrender and meritorious performance;

We should, by:   Less than eighteen bad boy;

A reduction in the:       Damage of discontinuance of a crime;

From the, reduction, exemption of deaf blind: preparatory crime;

We should, subtraction, free: accessory;

Can be reduced, free:  Foreign criminal has been sentenced, major meritorious service, both the small corruption bribery replacement, refund;

Shall be reduced, exempted:  Two when the coerced offender, double the performance of voluntary surrender and meritorious performance;

Free:      Crime, drugs for surrender before the shovel;

Should be free:      No damage of discontinuance of a crime;