Criminal law teacher Zhou Guangquan view item

The first lecture of the criminal law

"The test of prediction

1 the modesty of the criminal law and is in doubt, in favor of the defendant's principle.

2 kinds of interpretation of criminal law principle and the principle of legality.

Jurisdiction 3 criminal law, focusing on the retroactivity of criminal law.

Critical thinking 4 criminal objectivism.

The simulation problem

[1] on the principle of legality, the following case statement is correct (ABE)

A. since the implementation of "no crime without law making it so" the principle of legality, means that there are always some legal interest infringement can not receive the penalty Punishment [right. The relationship between the function to protect liberty and right protection of criminal law function test. ]

B. article sixty-seventh of the criminal law provisions in the second paragraph: "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." The section of "coercive measures" including security detention. Correct. The legal principle of crime and punishment prohibited analogy to explain, but not the prohibition of analogy to the defendant's interpretation. ]

C. article 241st of the criminal law provisions in the second paragraph: "those buying abducted women, forcing them to have sex, constant rape." Here the "sex" includes "sexual intercourse outside indecency". [error. Examination of legality and expanding interpretation. Criminal law distinguishes between rape and forced obscene, insulting women sin]

D. article twenty-ninth paragraph second of the "the instigated person does not commit the instigated crime" in the "crime" refers to the "crime", the kind of explanation violates the principle of legality. [error. When the limited scope of punishment means that restrict the power of country, often means that the protection of the freedom of action, this is the true meaning of the legal principle of crime and punishment. ]

E. article 124th of the criminal law provisions in the first paragraph, destruction of radio and television facilities, public telecommunications facilities, endangering public safety, 3 to 7 years in prison; if the consequences are serious, department for more than 7 years in prison. The second paragraph, negligently commits the crime mentioned in the preceding 3 years, less than 7 years imprisonment; if the circumstances are relatively minor, is less than 3 years imprisonment or criminal detention. The provision of "negligence crimes stipulated in the above paragraph" includes only have caused serious consequences of. [correct criminal law, if the words are wrong, in before the amendment shall clarify the true meaning, make interpretation. Will the real reason correction interpretation is: (1) according to the provisions of article fifteenth of the criminal law, negligent acts only cause serious results to the crime; (2) if you don't make interpretation, means negligence serious consequences have not yet resulted in legal punishment and the implementation of the act of punishment, this is clearly not appropriate. ]

F. criminal law 329th stipulation of robbery, stealing state-owned archives, but does not stipulate the robbery of state owned archives, according to the principle of legality, looting of state-owned archives. [error, according to the natural interpretation, can will rob evaluation to snatch snatch, identified as state owned archives, if a file belonging to the property, and the robbery of the imaginative joinder of offenses, from a heavy]

Second speak confkrmity of constitutive elements

"The test of prediction

1 the aggregated consequential offense limit: object limit, limit, limit the basic behavior aggravated consequence, causality, sentencing restrictions limit;

2 causal relationship;

3, the inevitable results may occur and the judgment of causation;

4 not as judgment;

Analysis of the 5 object and related concepts;

[2] on the "not as" problem, the following statement is correct (BEFLN).

A. offense of nontypical omission, means can constituted by act, but also by the omission constitutes a crime. Omission violates the order specification, the basis of punishment is the criminal law stipulated explicitly, however, punishment on offense of non typical omission no substance to the contrary, statutory crimes; crime legalism: [not in violation of "no kill" this prohibition norms have a "composite character", the other side is "must respect and protect the lives of others" command specification such. ] 

B. policeman saw the crazy knife stabbed his wife at home, to think that his wife had found his "package kept woman" of the situation, if the rescue the wife may lose all standing and reputation, left the house quietly, deliberately not to save his wife, eventually led to his wife is killed, the police a nonfeasance crime of intentional homicide; [equivalence problem: the police not rescue duty principle established be forgetful of one's duties crime. But in consideration of the following circumstances the police set up the crime of intentional homicide: (1) the police department site can only rescue, protect the people; (2) the performance of the duty of assistance is relatively easy; (3) intention the wishes or allows the victim to die very obvious. ]

C. firefighters received a report, based on clear anger revenge malicious, refused to go to the scene of the fire, causing major life, property damage, was not as arson; [be forgetful of one's duties crime: (1) the firefighters refuses to perform the obligations, which belongs to the neglects his behavior, is not as pure behavior. As the obligation is not as pure, can not directly be not pure the duty of crime of omission; (2) fire elimination depends both on the firefighters' efforts, more constrained by the size of the previous. Firefighters to the scene, is not absolutely can extinguish the fire, which refused to fire behavior, it is hard to say there are substantial, exclusive dominance on the results. ]

Dr. D. received a patient calls for help, refused to attend rescue critical patients, and death of patient, the doctor omission constitutes crime of intentional homicide; [doctors simply refused to rescue patient behaviors, in principle cannot be evaluated for intentional homicide omission, such behavior constitutes only on physician's breach of duty, but the behavior and intention does not have the same value. (Han Zhongmo.)]

E. in the cold winter night, a few people tread on the mountain road traffic accident, the victim after get off view, the victim was found bleeding, will soon die if not taken to hospital. A found no one around, feel in this winter will not have the vehicle from here after his escape, also won't someone found, but if his victims to hospital may be compensation to victims of a large sum of money, think of the heavy burden yourself if the relief of victims in the future may face, a hasty escape. The victim was killed in an hour, not as a crime of intentional homicide. [after the traffic accident escaping resulting in the victim's death, in principle for the crime of the aggregated consequential offense can be. But in the victim's injured bleeding, if not immediately rushed to hospital soon after the injury death; the victim lying in the road; few people tread, the traffic accident happened in the middle of the night, or in the cold winter, the perpetrators of the victim placed regardless of behavior, itself contains the real danger of the victim's life, simple the victim placed regardless of the behavior and the crime of intentional homicide is equivalent to. ]

F. taxi drivers see drunken passengers to sleep, can not distinguish wants to go, will hold off, in the remote roadside, resulting in alcoholic freeze, the taxi driver was not as a crime of intentional homicide; [can be generated function protection based on the relationship between obligation of intentional homicide (a) whether the actor to the risk to major reasons (such as the previous behavior etc); (b) to prevent the results are necessary as is easy; (c) whether there are other people may prevent the result; (d) must be based on law, contract as the basis, consider the relationship between the perpetrator and the victim; (E) in other cases involved in human, we must judge the "attribution to who". ]

G. restaurant owner A found that customers quarrel in the store, then a party intentionally use a high level of violence to others, do not stop, do not report to the police, the last victim injured, A was not as a crime of intentional homicide; [hotel is not a source of danger, A has no obligation to hazard management]

H. have been found in the vicinity of a beggar begging from door to door B station at his door, he kindly invited him to her house to eat, the B after entering the room, B found is the body is extremely weak need care of people, but not to care for, 4 hours after the B carried out of the room, in the aisle, B 2 hours later found by others, died quickly sent to the hospital, not as a crime of intentional homicide;

I. expedition community "tour pal" a, B, C, d found e after a fall in order not to delay the trip completely be careless with, leave the cause by death, a, B, C, Ding Jun omission constitutes crime of intentional homicide;

J. nail in the long-term employment nanny serious disease, refused to take him to the hospital treatment, leading to the best chance to miss treatment and death, not as a crime of intentional homicide; [in a tight community as the basis, expand the scope of the obligation of omission is not appropriate. It would limit the scope of the crime of abandonment of limited to relatives is the ancient tradition of patriarchal society, since but, with the development of modern productive forces developed, frequent accidents, to increase the likelihood of personal danger, can not help themselves, should be applied to reconsider the crime of abandonment. The essence of crime of abandonment is not only the breach of obligations, but to life Rechtsgut threat of dangerous criminals. (Zhou Guangquan) H/I/J constitute the crime of abandonment. ]

K. a to rob B property and in some remote places on the implementation of violence, B fought back, on the spot will be a seriously wounded (fault or no fault). B found a lying on the ground, bleeding, very painful groan, but not on the price of any rescue behavior, and just left the scene, after 4 hours, a death. B because of the antecedent act obligation on nail, was not as crime of intentional homicide; [b because justifiable defence and seriously injured a, its behavior is not illegal, not

Comply with the conditions of the antecedent act, so its not rescue action, not was not as a crime. Even in self-defense when occasions, also exist only defense the defensive behavior (as) to bear the criminal responsibility of the problem. ]

L. night, criminal robberies ancient tombs, others will farmhouse dig down, and owners will be buried in the rubble, the master for help, when the grave robbers rescue very easily, the grave robbers in order to avoid legal action, fled the scene, the owner dies, the grave robbers constitute a crime robberies ancient tombs and crime of intentional homicide not as; [first behavior is crime tomb robberies ancient tombs, constitute a crime and crime of intentional homicide is not as]

A M. behavior intentionally injury others, causing serious injuries and deaths in the dangerous situations (such as bleeding), a march off, the 1 hour after bleeding to death, a crime of intentional injury and not as a crime of intentional homicide; [advance behavior and record results aggravated crime: can set the crime of intentional injury (to death) punished, otherwise it would be a crime most identified as crime. ]

N. behavior in a fault caused A injury (criminal), also produced the life danger, B deliberately not relief resulting in A death, not as a crime of intentional homicide; [negligence crime and the advance behavior: if think negligence crime is not as an obligation according to, means a behavior can only set up the crime of negligence causing death. But it is unable to achieve the balance between crime and punishment, therefore a set up negligently crime and crime of intentional homicide is not as]

[3] on the behavior of objects, the following statement is correct ().

A. gambling gambling is in the behavioral object; [false, gambling is crime.]

B. sales and shoddy products crimes, the crime of using counterfeit money, fake * * * sin, and shoddy products, counterfeit, fake the * * * is the behavioral object [correctly, the need for behavioral stereotypes, some means of crime is also considered the behavior of objects (itself does not reflect the law)]

C. fraud using fake credit cards, fake credit card is used for the crime object, but also the object of action; [correctly, the need for behavioral stereotypes, some means of crime is also considered the behavior of objects (itself does not reflect the law)]

D. every crime has only one object of action; [not, such as robbery is a violation of personal, but also violates the property]

[4] on the aggregated consequential offense, the following statement is correct (BHIJ).

A. A implementation of the injury behavior of victim B B, due to injury, can not go home care home mother, leaving their mother starve to death, identification of intentional injury on A. [error: the results add to the basic crime victims victims. ]

B. A carried out the attack on the behavior of the B, although no object error and combat error, but knowing that their actions would hurt C and still carried out the attack, caused by the death of A C, should be identified intentional injury. [correct: range cannot be on the behavior of objects as the stiff limit, characteristics and should pay attention to recognize the error and the basic crime. ]

C. act of robbery in the night in the home, robbery property fled in panic after, in the process of escape in the fault of the victim's house to sleep on the floor of the baby trampled to death. For the behavior can be applied to death penalty. [error: increase results from the basic behavior (single act + composite behavior means action or behavior) cause, however, the basic behavior (behavior outside the opportunity behavior) caused by aggravated result does not hold the aggravated consequential offence. ]

D. Zhang and Wang Mou for parking dispute dispute, two people in the shed on top of a dispute, the tussle in the process, two people from the shed top off, leading to Wang Mou cervical fracture dislocation was weak, the respiratory system, the final death. Can be applied to intentional injury death penalty to zhang. [error: the basic behavior caused the aggravated result itself must have a special risk of aggravated consequence, if there is no this kind of special risk basic behavior, just by accident aggravated results, the aggravated result can not be rated as the aggregated consequential offense. Because of the shed top falling behavior is not Zhang one by itself is not sufficient to cause, beat Wang death especially dangerous, can not maintain Zhang intentional injury. ]

E. rape women the husband and the murdered woman divorced, can identify other serious consequences to article 236th of the criminal law. "". [error: the actual damage offense, degree and nature does not belong to the basic crime results can not be identified as the aggravated consequential offence. The type of the aggregated consequential offense: (1) the abstract dangerous crime, harmful results: production, selling poisonous, harmful food, cause serious harm to human health. Results (144); (2) the concrete dangerous crime, harmful results: arson fatalities (115) (3); the actual damage offense, the same nature more serious harmful results: causes the death of injury (234); (4) the actual damage offense, properties of different but more serious harmful results: violent interference causes the death of the freedom of marriage (257); rob people died of wounds, caused by the (263). ]

F.A in the large amount property from B, negligence causing B body injuries, finds the A committed robbery crime, for "serious circumstances" of the penalty; [not, negligence injury behavior that does not constitute a crime, does not need to use the penalty, if the choice of aggravated penalty, and the penalty of the negligence causing injury behavior]

 [5] on sentencing problem aggravated results, the following statement is correct (ABC).

The G. action after the rape victim died, Dutch act, should be identified as rape causing death; [error: act on or after the implementation of the basic behavior of the victim Dutch act, self mutilation or because of their own negligence cause serious results, due to the lack of direct elements, should not be recognized as the aggravated consequential offence. ]

H. act of violence to others seriously injured, throw cigarette butts thrown on the ground caused the fire will burn victims, since there is no causal relationship between behavior and result of death, can not be identified intentional injury, can only be identified the crime of intentional injury and fire sin (or the crime of negligence causing death) [; basic behavior after the end, other acts of human behavior lead to serious consequences, shall not be deemed as the aggravated consequential offence. ]

I. in the arson case, fire behavior will inevitably lead to the fire behavior of firefighters, the fire personnel normal fire behavior still can not avoid fire deaths, have direct elements, should be identified as arson causing death. However, if the fire personnel errors of judgement on the situation, the abnormal fire behavior lead to its death, is not the result of death attributed to arson. Correct.

J. kidnapping, illegal detention, trafficking in women or children, must cause the police rescue behavior, so the normal behavior caused casualties rescued victims, having direct elements, should be attributed to the crime person casualty results. However, if the police due to errors in judgment, leading to its rescue hostages death caused, it can not be identified crime established kidnapping causing death; [right]

K. behavior into ordinary residential, think hanging on the wall is ordinary painting and the implementation of theft, the theft is very valuable world famous paintings, the behavior person should apply the "theft if the amount involved is especially huge" legal punishment. [error: when the criminal law will be loss of property or larger as serious consequences according to legal punishment aggravation, if basic crime is intentional, the crime of aggravated result should also be limited to intentional, because of negligence causing the loss of property (with the exception of endangering public safety) does not have the punishment. ]

Deaths caused by L. abandoned, aggravated punishment. [error: no consequential aggravated crime of abandonment. ]

A. robbery to the death of people (including intention and negligence), department for more than 10 years, are to be sentenced to life imprisonment or the death penalty. Among them, the death penalty can only be assigned to deliberate the aggravated consequential offence, not assigned to the fault of the aggregated consequential offense. [the strict distinction between intentional aggregated consequential offense and negligent of aggregated consequential offense of negligence, the aggregated consequential offense, should not be sentenced to the maximum statutory penalty. ]

B. rape victim serious injury, death or other serious consequences, where more than 10 years, life imprisonment or the death penalty. Among them, the death penalty cannot be assigned to the wounded. [the strict distinction between the aggravated consequence of serious injuries and deaths caused by, for the wounded, should not be sentenced to the maximum statutory penalty. ]

C. grab a huge amount of public or private property, or if the circumstances are serious, was sentenced to 3-10 years, and shall also be fined. Rob negligence behavior in a large amount of property in the process of serious injuries, which belongs to the "serious", but, to snatch the maximum statutory penalty amount of property and fruit wounded shall be 3 years, so can only apply to 3-6 years of legal punishment. Not applicable for more than 7 years of legal punishment. [in the criminal law of the aggravated consequence content does not specify the circumstances of sentencing, legal punishment should be to increase results violate the provisions of law are compared to determine the equilibrium, the penalty. ]

[6] in an altercation with a B, alignment B chest gently knocked down, B convulsions, death, the way to the hospital to find out, B is due to the stimulus, a heart attack and died, the neighbors know B B disease, but a unaware.

1, according to the causal relationship of the objective, and B a death results have no causal relationship? [Objective according to said, B belongs to the special constitution of this fact is objective, so the causal relationship between;]

2, according to the causal relationship between subjective theory, behavior and B a death results have no causal relationship? [according to subjective said, because the behavior person not to B special physical understanding, so the causal relationship does not exist;]

3, according to the causal relationship of compromise, act first and the second death results have no causal relationship? [according to compromise, because of the special physical generally on the B know, so a damage behavior and B death causation. ]

4, how behavior a crime? [even according to the objective that causal relationship exists, but as long as the perpetrator of the victim's special physical fact completely unconscious, foreseen the possibility of negative behavior, thereby denying guilt, draws the conclusion of innocence. ]

[7] on the causal relationship, the following statement is correct (ABCD).

A. B to kill his enemies Su, in the cliff edge to cut 7 knives, the seriously injured coma. B that Su had died, and left. But Su he woke up, just took the two step that he fell down from the cliff. The causal relationship between damage behavior of Su's death and B; [03 years. 2.41 Title: right in the victim's behavior] 

B. a to kill B, B in the river to slash several knives, B seriously injured coma, a that B has died, was thrown into the river, and then leave, after 15 minutes, B drowning, a deal with B shall be responsible for the results in death; [the behavior: the damage behavior is a behavior, then interventional the behavior of abandoning his victim's behavior, and in front of the act as a whole, is an extension of the behavior, behavior of human nature should be responsible for the final result of death]

C. C to kill rival Zhao, Zhao to run for their lives. Zhao enemies he a had wanted to kill Zhao, accidentally see Zhao Huangbuzelu, in C has not yet arrived, namely to the shooting to death, zhao. There is no causal relationship between [kill Zhao's death and C in third acts: 03 years. 2.41 Title: correct]

D.A hurt B, B in hospital death, A did not respond to B's death is responsible for the result of intervention; [the forces of nature: the change of nature, is a kind of abnormal phenomenon, earthquake, the intervening factors result has a decisive influence on the death of B, cut off the causal relationship. ]

[8] about the crime of omission and the result aggravated crime and other issues of causality, the following statement is correct (ABCDEFG).

A. according to the provisions of article 416th of the criminal law, the national office working personnel abducted, kidnapped women, children with rescue responsibility, on receipt of trafficking, kidnapping of women, children and their families or to request for rescue others report, if the abducted, kidnapped women, children were rescued, it will not cause the serious results, then you can define the causal link between did not rescue behavior and harm result. Correct.

B. Zhang intentionally hurt Lee, and lead to the injury, Lee in the hospital doctor operation period, some micro faults, Lee wound infection died, Zhang responsible for the death of Li Mou results; [error: if the doctor had significant errors in the rescue, can be found the doctor major death failure of this intervention factors; however, if the doctor's error is very small, Lee's infection, mainly because Zhang helper is too heavy, the behavior itself has led to the possibility of there may be aggravated, causality, Zhang constitute intentional injury crime (to death)]

C. a burglary, B according to a arranged outside a lookout, in turn into the victim's H home, H and his wife S were at home in the master bedroom, a uniform victim after S, searching everywhere for the property. In the use of violence against a process another victim of H, the resistance encountered and cry, the upcoming H hacked to death. Afterwards, a and B, two people carry the spoils the panic to escape, a to B to conceal the fact of killing, B to H's death bear criminal responsibility; [B if not to kill H, but also to the death of H results of responsibility, the causal relationship between B helping behavior and the death of H results. Because of the crime of robbery is a felony robbery, in common occasion, crime victim encountered resistance, the use amount of violence and killing, not unusual, but the experience usually occur as a result of, therefore, cannot deny the existence of causality; subjectively, B on H's death has at least negligence, a after the murder of concealing the fact, B was robbery's erfolgsqualifizierte Delikte has no effect. ]

D. a brush manufacturing factory owners, some Chinese goat pens to the worker process, according to the regulations, the brush must be sterilized before processing, but the boss did not do so, four women died of Bacillus anthracis infection. Later found out that, even with the provisions of the disinfectant, still can not kill anthrax virus in Europe at that time did not have. If the boss knows the virus still allow workers to manufacture the brush, the establishment of the crime of intentional homicide (attempted); if the boss doesn't sterilization behavior is negligent, then the boss not guilty; [because the act of duty is invalid obligations, so although violate the obligation of manufacturing risk, but this risk has not been achieved, therefore, if the boss the workers have intentionally infected death, can set up an attempted murder, if only because of negligence, is completely without responsibility. ]

Dr. E. nail in patients allergic to know B novocaine circumstances, to B injection of cocaine, resulting in the death of the patient. If it can be determined with the same dose novocaine patients die of words, we can eliminate the causal relationship between behavior and the patient doctor death. [violations could be easily confirmed attention obligations, but also has brought risk was compared with the common risk behavior of object. Risk the case does not exist significantly higher. ]

F. played the night mahjong driver A too fatigue, driving the van in Expressway suddenly stop sleeping, at 130 km / h speed another truck driver B quickly braked, still had collided, and led A and with the car C, D, E four death. However, assuming B to below the speed limit of 100 km / h speed, because the A parking too suddenly, B is a great A may be killed four people. B shall not bear criminal responsibility of crime of causing traffic casualties; [analysis according to the appraisal report after the event, because the A parking too sudden, B even completely fulfill the duty of care, it is also very likely to occur, it can not be held B fault liability. (Zhou Guangquan.)]

G. truck driver a did not keep a safe distance, rather than a bike, distance is only 75 centimeters. When overtaking, already be completely drunken cyclists B, because the drunk and the moment left flash, that fell on the seat rear under run over by a car.

After the confirmation, even if the driver carefully perform the duty of care, keep a safe distance, to B be completely drunken degree, the accident may still occur, and the death of the victim was a no causal relationship; [if a victim when truck drivers not drunk too close to overtaking, usually to the right flash, so as not to be knocked down that is to say if, under normal circumstances, whether to keep a safe distance is not important, it "truck driver killed the rider case" in the truck driver can't fault liability. (Zhou Guangquan.)]

Chapter three is illegal

"The test of prediction

1 the justifiable defense cause condition, time condition, limit condition, object condition

The exercise of the right of special defense limits 2

3 victims of commitment authority and mistakes

[9] about the justifiable defense cause condition, the following statement is correct (ADEGH).

A. a transport drugs, B knows a crime, considers himself "a con within a con, a" are not reported, we embarked on a drug robbery with violence, B behavior belongs to the unlawful infringement, a capable of self-defense; [if allowed to "a con within a con," the judicial power in the future would be affected by the exercise of, the social order would be destroyed, so, the ownership of a property need to be protected, B behavior belongs to the unlawful infringement, a can of course be justifiable defense. As for the National Post recourse in accordance with a possession of the property, is another problem]

B. a to secretly cross the border, B will hit into minor, B was justifiable defense; [error]

C. a illegal, B to a minor, B was justifiable defense; [error]

D.A and B publicly to have sexual intercourse in the park, C will A a minor injuries, C formed self-defense; [right]

E. a theft of financial institutions, the customer A into minor injuries, A formed self-defense; [right]

F.A under the guise of provincial Party committee to official letters from B B, trying to extort cash. B very annoyed about it, to get the A address to try various devices to C, to lead three subordinates into the family home in A, A indoors, the hit head broken and bleeding. A panic, the desperate resistance. C et al. See A dare to revolt, start more ruthless, A which seriously injured. C et al. Then left the scene. Afterwards, BC stands for: A is blackmail and impose exactions on, BC is justifiable defence, and A resistance, C can be self-defense, without the need for A injuries shall be responsible for the results. The BC argument is correct. [even though A is blackmail and impose exactions on criminals, have the right to prosecute A is the judicial organs and non BC, against the behavior of C belongs to the unlawful infringement, A has the right of self-defense, the legitimacy of the occasion in the behavior of A, C can no longer be used as an excuse to attack defense. BC constitutes the crime of intentional injury]

The G. driver on the basis of fully operational procedures are necessary observation after reversing, but there is a 6 year old flew over, appear in the car after the accident, human behavior, can be self-defense; objectivity [unlawful infringement, can be self-defense]

H. prison shall not release behavior is a kind of illegal nonfeasance, detainees may be justifiable defense. Correct.

[10] on the time conditions of justifiable defense, the following statement is correct (AD).

A. armour male illegal detention B woman for several days, several times a day by rape, B a sleeping when killed a, B behavior formed self-defense; [innocent], justifiable defense

Meet village Zhang B. young woman Li Mou mountain firewood, Zhang immediately have lust, and Lee sexual relations, was rejected, Zhang pull firewood knife threat, and forced to rape the lee. Forcible rape, Zhang wearing trousers, Li Mou with chopper in Zhang's head even cut two knife caused the injury, and then hurried away. Lee's behavior self-defense; [error: rape Zhang has ended, Lee suffered sexual abuse consequences has been formed, behavior person to exercise the right of special defense condition has been lost, defend the person's behavior belongs to after injuring behavior, not self-defense. Some people think that, Lee is still in danger, Zhang still likely to rape, may also to prevent divulgence of one's secrets. However, this view is wrong. The danger is that the behavior of actual danger arising from the implementation of the time, rather than action completed risk may bring. ]

C. set up a defense device defense unlawful infringement belongs to the future, advance defense, not self-defense. [error: set up defense device defense unlawful infringement in the future, if you meet the following requirements, the establishment of justifiable defense: one is not to endanger public safety, two is the means of defense and unlawful infringement of considerable. Can not think of the defense prior to the defense. Note: prior to placement and pre defense and defense device. ]

D. nail in one office building placement of a time bomb, bomb explosion, in 10 minutes time, 2000 staff for emergency evacuation upstairs was too late. B found a bomb installed after the knife top armour says: "my every count, if you don't tell the position of the bomb, I would cut off one of your fingers." When B cut a ninth fingers, Jia said the bomb

The exact location of the bomb explosion, avoid. B behavior was justifiable defense. [in the natural behavior of meaning has ended, but the law has pressing dangerous occasions, can also be used for legitimate defense. ]

[11] about the justifiable defense object condition and limit condition, the following statement is correct (AC).

A. infringement people hurt. Based on A, use B pet dogs to attack C, C under the B dog kicked to death, the behavior of the C formed self-defense; [C acted in self-defense. Offenders use third property of people. When the perpetrator, the defense establishment of justifiable defense, but for the third person, the defenders set up emergency. The coincidence, the defensive behavior of people interpreted as defensive behavior is more appropriate. ]

B. infringement people A hurt B, B panic kicked open C door, C door leading to destruction, on the behavior of B and how to deal with? [B's behavior belongs to the emergency, A C shall bear the responsibility for compensation. The defender by third property of people. The defender in the unlawful infringement back, the third property, damage to the third person, should the fact that established the emergency. The defense of human behavior is legal, obligation of compensation shall be borne by the aggrieved person. ]

C. special defense right is not necessary, so there is no excessive defense problems [right]

D. according to the "standard" serious human identification, "hand over any missing thumb interphalangeal joint" is injured, when the unlawful infringement intended use violence to cut off the thumb, the victim may exercise the right of special defense; [error: not suitable for, for he should be limited to cause serious injuries and death behavior, not including the injured general]

[12] on the right of special defense problems, which of the following errors is (F).

A. article twentieth of the criminal law in third paragraph of "murder, robbery, rape, kidnapping" refers to the specific charges, can also refer to the four forms of criminal means is the nature of the act is not a crime. "Robbery" including robbery guns, ammunition, explosives, including crime; rape abducting and trafficking in women during sexual intercourse abducted women situation; murder, robbery includes transforming crime case; however, the article "robbery" does not include "snatching with lethal weapon". Correct.

B. in the robbery of the occasion, the unlawful infringement of human behavior has been completed, but the right to take measures still can recoup their losses, can be considered unlawful infringement is not over yet, human rights can be common defence. However, due to the highly urgent infringement has been lost, highly threatened violence against the defense of human body safety has been eliminated, so no special defense, otherwise negative defend excessive responsibility. Correct.

C. the use of power, stress the victim of rape victims, posing as husband rape, rape to cure the name, are not to be of special defense; [right, for the crime of rape, unlawful infringement people must use violence, defence personnel can be special defense; for non violent rape in principle does not allow for the implementation of the right of special defense]

D.A and B are train passengers on the train, sit next to each other, but do not know each other, A found that B is very rich, took B to B Restroom edible rice pudding on the anesthetic, B came back to eat rice porridge, 10 minutes after the lethargy. A tries to get B. Then witnessed the whole process of the C to carry out a fruit knife to A, edge stab said: "kill you the robber." C may not be the third paragraph twentieth [criminal law; right, non violent crime, unlawful violence crime, violence against minor crime, can not exercise the right of special defense. Only defence against violent crime of serious, is not undue defence problem]

E. taxi driver a disguised as passengers in the knife point B to claim properties, quickly stopped the car and fought back, two people get out of the car. Driver a knife taken away and the NSIS, B Jianshibumiao, get the car ready to drive away. A catch, a knife stabbed to death will b. A behavior can not apply special defense right; right: [a during the robbery and B fight, right to life is threatened, may exercise the right of special defense. However, in the second attempt to rob the car away, the defender just property safety from violence, the premise of special defense has been lost, should set up excessive defense. ]

F. Article 20 of the criminal law in third paragraph of "murder" refers to the use of the weapon; [error: in many violent crimes, do not necessarily use the weapon, such as bare-handed attack the old man. ]

[13] on the victim's commitment, the following statement is correct (CE).

A. a (women) that sexual relations with B, B will give her husband to transfer the work; but after sex, B did not give her husband to transfer the work, B which constitute the crime of rape. [no, just the motivation, commitment is its true meaning]

B. a girlfriend scolded C B, C B beat up a meal, B to find a said: "you let me play you a meal, so that I can in front of my girlfriend. I dare, she can marry me soon, you know I have been pursuing her for eight years the,

She always think I am timid doesn't want to marry me, I will give you five thousand dollars." I want five thousand dollars is not a small number, and let B hit himself a meal. Result B put a black and blue, do not give a penny, a is B. B the crime of intentional injury; [does not constitute the crime of intentional injury, the motive mistake]

C. found that her boyfriend B in high-grade suits before his girlfriend gave him a set of value more than ten thousand yuan, can threaten B said: "you must have this suit burned, or I will have you corruption things told the court" B said: "then you burn." A set up the crime of intentional destruction of property; [A. got B. commitment burned senior suit B. B is a kind of legal important threat, because B has received criminal punishment for corruption and obligations, so B on the property of vanishing commitment does not show his freedom of action, the law should protect B property does not disappear in the form of a set, destruction of property. ]

D. found that her boyfriend B in high-grade suits before his girlfriend gave him a set of value more than ten thousand yuan, can threaten B said: "you must take the suit off, or I won't marry you!" B said: "then you burn." A. got B. commitment burned senior suit B. Constitute a crime of intentional destruction of property; [a does not constitute crime of damaged goods. Because no obligation and a wedding, a threat and no infringement of the B's freedom of action. ]

E. a woman to B male said he fire car crying is their baby, a Ming to burn B, but B to save, B agreed to rescue a dog is wounded. A set of indirect principal offender of the crime of intentional injury; [b wrong to think that in immediate danger, invalid consent. The second injury, indirect principal a may establish injury crime. ]

Fourth liability

"The test of prediction

To distinguish between the 1 indirect intent and negligence with undue;

2 direct and indirect intentional discrimination;

Determination of criminal negligence of duty of care: 3;

4 facts wrong identification: that is to say, with specific meet said

Free legal 5 reasons

[14] the following cases constitute indirect intention is (E).

A., is to clean the glass of high buildings, workers. At the top of the building, a rope, ethylene propylene construction with a rope. A desire to kill B, hate to see C death, but in the end still untie the rope, ethylene propylene die. A pair of C's death in the subjective is indirect intention; [intentional]

B.A female and female B and other friends to play together, mobile phone B female borrow A calling. Later, A mobile phone is missing. A few days later, A heard B now use mobile phone and she lost, they suspected that B stole her mobile phone. A Y with his girlfriend, 5 people repeatedly asked B, and she confessed to stealing the A mobile phone. But B has not admitted. One day morning 2 when the left and right sides, A and L et al. See B in a bar, A, L et al and asked B, forcing the admitted stealing. B in the crowd asked said: "in order to prove I didn't steal her mobile phone, I can go off a cliff, to show my innocence." A said: "you dare to jump, I will take a taxi to send you to" finish, A money, with B, L et al. Take two taxis, send B to the cliff edge. The cliff from the ground up to tens of meters. B walked to the edge of a cliff, to jump, others are the same to pull back. The A of the others said: she wouldn't jump, just to be like to scare me. So, B once again came to the edge of a cliff, jump. A et al. See B off a cliff, hurriedly ran to the mountain, around looking for rescue, but failed. Two days later, B found the body. After the forensic identification, B had high abortion death. A forms of indirect intentional homicide; [stimulus from case, A of the others said: "she can't jump, just to be like to scare me." This shows, she doesn't think it will happen, occur on the lack of foresight, holding the B certainly doesn't jump idea stimulation of B, so the results occurred beyond her expectation, afterwards A see B off a cliff, hurriedly ran to the mountain, everywhere looking for, search and rescue, said this point clear. So, the A identified as the death caused by negligence, shall be accepted conclusion. ]

The C. of a coal mine tunnel underground water, loose rock, at any time may collapse, A mechanical salvage, ordered the workers into the tunnel transport, then collapse, causing several deaths, A [] indirect intention; negligence

D. has drunk two old man a and B, decided to try the martial arts from a to B, the chest push a, b back a few steps, then to the chest of a pushing palm, a be unable to resist sustain the blows head-on, is pushed to the roadside fields, B homeopathic flutter in a body, a left hand card B neck, face with his left hand grasping B. B is also not resigned to playing second fiddle, using the right hand to push a left, a neck with your left hand card, a result was stuck. B psychological state is indirect intention; negligence without serious estimation [,]

E. in the shooting performance without a and specialized training bet, shooting actor head cup and hit the actor, a is indirect intentional homicide; [right] 

[15] the following case, negligent crime is (CD).

A.A drive a car running, the wheel pressure stone, the stone happened to hit the road by bike B head, cerebral hemorrhage death caused by fall, A constitute the crime of traffic accident; [for B's death results could not specifically foreseen, not negligent crime]

B. a daughter (7 years old) a lie, then use a bamboo whip B hips, a per beat once asked loudly: "you lie?" B just cried and does not answer, a will to continue to beat. About whipped 30 a few, a listen to not to B and B will stop crying, hold to the bed. 20 minutes later to find B death. Constitute a crime of negligence causing death; [innocent]

C. operation team doctor A noticed one of his assistant B not in accordance with the provisions of the operation of hospital knife disinfected directly operation, does not stop, cause wound infection in patients after C operation, the last serious results, A breach of duty of care negligently; [A supervisory negligence, denial the principle of reliance]

D. a grab the weapons, also not clear is the shooting or just want to threaten the victim, but get rid of the trigger, the bullet hit the victim, constitute a crime of negligence causing death. [the crime of negligence causing death. Laissez faire is the contents of the will. This "not to state", because of the lack of will to the exclusion of deliberately (Yesek, Wei Gente)]

[16] on the fact cognitional error and error recognition of law, the following statement is correct (ABCD).

A.A deliberately hurt B, leading to B seriously injured coma. B enemy C after the scene, think B is dead, to insult intentionally dismembered the "body" of B, after that, B was dismembered behavior of C died, C set up the crime of insulting corpse and the crime of negligence causing death of the imaginative joinder of offenses; [right: can set up subjective intention and make no the objective can be established; negligent crime, according to the imaginative joinder of processing]

B. a thought bag in coach seats just off B's forgotten things, then get up early to get off to escape, but, the bag is C conductor automobile tail ticket temporarily placed on the seat of the property, a want to commit the crime of embezzlement, the implementation of theft, established in the coincidence range encroachment [correct] crime

C. is a precious cultural relics stolen banned the export of Museum cases, then the cultural relics to give foreigners. A know their behavior belongs to the theft, but could not recognize the act in violation of the article 325th of the criminal law on the prohibition of private gifts to foreigners to prohibit the export of rare and precious cultural relics, a need to bear the larceny crime; [correct: if a may not recognize the privately to the precious cultural relics donated to the foreigners act in violation of the criminal law, we can only assume the theft of criminal liability. ]

D. according to the criminal law, the robbery of housebreaking should apply aggravate the legal punishment, but the perpetrator in the act of robbing mistakenly believe that only basic penalty. On the behavior of people required to aggravate the legal punishment; right: [illegal cognition, not including the understanding of penalty punishment, punishment. ]

[17] the following statement is correct (ABCD).

A. a knowing that they drink and fuzzy thinking, will fall into the "anger" state, to kill B and courage to drink drunk, results in a confused state killed B. A set of intentional homicide.

B. A knows his taxi driver at 5 every morning drive, or family economy cannot support, but still playing mahjong with friends to 4:50, then hurry to drive out. On an overpass, always self reliant driving skilled A tired, can not open eyes, the car slide downward, the pedestrian BC killed. A set up the crime of causing traffic casualties. [reason free behavior, refers to the predicted that he could under the circumstances of the crime, the behavior person intentionally or negligently get into responsibility loss or reduction status, and caused the crime results in the situations. Reason free behavior, behavior may set up an intentional crime, may also be negligent crime. Reason for setting behavior is intentional, shall be liable for intentional responsibility, reason is negligence, he should bear the liability for negligence. ]

C. no driver's license, but driving a car in the street, to a corner, because of the lack of driving skills, not avoid the consequences, resulting in 5 deaths, constitute a crime of causing traffic casualties

D. B a driving licence, in driving the van, let C 6 year old son sits in the copilot's seat, to the shop door, B stop shopping, but not off the engine, C is driving the van. B found after shouting, rushed from the store out of place to avoid results, but due to excessive speed, C cannot avoid it, resulting in 3 deaths. C to the result of death take the blame. [even if the actor near results occur (point A) impossible to avoid it, but before the moment (B) can avoid the possibility, if B's behavior is dangerous, can still be identified as negligence. [i] action libera in cause legal: (a) article eighteenth of the criminal law: an intoxicated person who commits a crime, it shall bear criminal responsibility; (b) the judicial interpretation: general traffic accident behavior, 3 or more serious injuries, the negative or the primary responsibility for all accidents, to constitute a traffic accident

Sin. However, under the influence of alcohol, drugs and driving motor vehicles, the traffic accident caused more than 1 people injured, negative or the primary responsibility for all accidents, constitute the crime of causing traffic casualties]

[18] on the content of intention, the following statement is correct (ABCD).

A. was established to conceal, conceal the crime to offend, act knowingly conceal, conceal the proceeds of crime; crime of intentional also requires [some people recognize that particular facts of criminal law, such as the specific time, place, method, object, specific identity]

B. simply do not know foreign language people trafficking English pornographic novel, although people do not know the selling behavior is obscene goods, as long as they know the common people know this book is the yellow book constitutes crime of selling pornographic articles. [social evaluation factors: such as understanding of pornographic articles, if people recognize that the general people will think that the selling is obscene goods, and in fact is the obscene goods, can identify the person recognizes his trafficking is obscene articles. ]

C. theft, "many theft", crime of losing firearms without report of "serious consequences" not intentional understanding content [Objective exceeding factors]

D. only when people recognize that the objective requisites facts, while recognizing that there is no ground for elimination of illegality, to determine the intentional act is a crime, or can not be identified deliberately. [correct understanding, no ground for elimination of illegality fact]

Lecture fifth unfinished form of crime

"The test of prediction

The qualification of the 1 preparatory crime

The qualification of the 2 "start"

With the distinction between the 3 attempt of crime, the discontinuance of crime cognizance

[19] the preparation for crime, the following statement is correct (D).

A. crime men preparing for the establishment of a terrorist organization, for the preparation of crime; [error, constitute the organization crime of underworld organization]

B. a wife often gambling, not to go home in downtown Shenyang, a chest hang a sign: "looking for his wife Li Yan, three days can not find, I will kill." A preparatory act constitutes a crime; [error]

C. wanted to kill B, in accordance with the plan to buy a gun, but no money, and work to make money, was arrested because of other behavior, to work is to buy a gun to kill, work behavior belongs to the preparation for a crime. [error, work is a preliminary preparation, buy a gun is the murder of preparation, no danger of abstract. ]

D. wanted to kill C use pesticides, B commissioned for a buy pesticide to a. A few days later, a regret, the pesticide discarded. A preliminary stage of the discontinuation of crime, B is the preparation for a crime. Correct.

[20] on the "start", the following statement is correct (ABCDEFGHI).

A. the use of guns of intentional homicide cases, the gun is ready, aim is to;

B. burglary and breaking, breaking is ready, after the house began to look for property is set; the property inside the car door and pry, pry the door is to;

C. crime of false accusation, concoctive fact is ready, report to relevant authorities received, and may place the case on file for investigation, is accomplished;

D. insurance fraud, put in a claim to the insurance company, is to;

E. arson, ignition target is set, the independent combustion is accomplished;

F. robbery, violence, the victims began to stress, or start the implementation is to take property

G. offenders to a remote place taxi robbery with a car, the driver drove on the way encountered police checks, criminals because of suspicious appearance and movements and his crimes, robbery was ready.

H. a 5 years old of ethylene to someone's home to theft, a to B to B to theft, when somebody is theft. [implemented certain behavior to use, because the behavior has the real danger caused by damage of the interests of the law, is the indirect principal offender's (the act)]

I. for murder and courage to drink drunk, but after sleeping deeply, was the murderer preparation. [to cause free action: began to implement the law against the acts as start (homicide), however, in exceptional circumstances, reason for setting

 

Although the behavior has been implemented, but can not continue to implement the behavior, only the establishment of preparatory crime, reason for setting behavior does not constitute a set. ]

[21] the following the establishment of the crime is (BCDEF).

A. a over the wall into the B home theft, found that B has a password of the trunk, but could not be opened, so the suitcase, a move away from B's bedroom, corner hiding in the B Jia hospital, with branches to cover it up, want to wait for tomorrow night with sharp cut open the suitcase again, the next day morning, B returned home to find that suitcase stolen, looked around, found the suitcase in the wall corner. [results in accordance with the said, a property located in a special place to hide, has led to a control property results, the crime accomplished]

B. pulled the trigger gun bullets, but after being accidentally removed;

C. night, the sleeping bed has been aligned to shoot, but the toilet victim got 3 minutes before;

D. put his hand into the pocket of pick pocketing property, but the victim's wallet in one hour ago has been other pickpocket stole;

E. on the victim's poison, but after the identification, the measurement of poison too little, cannot cause death results;

F. alignment the victim's chest shot, when the bullet had hit in early have to guard against the victim's bulletproof vests, the victim's hair. [the concrete danger theory. Risk judgment not after judgment. If according to the specific circumstances, behavior has occurred as dangerous results, ordinary people have on the understanding of the facts, and can perceive from actions to danger, at the same time, can produce punishment appeal, on the establishment of attempted offense; conversely, if does not have the specific risk, but only abstract danger, it was not made. ]

G.B come back from Europe, sent to friends for many years A a gold watch. A was of a suspicious nature, in an B a gold watch, because the same renown watch the table with the domestic sales of the tiny difference in appearance, is suspected of false. A blandishments cheat third people to watch C, the price (20000 yuan) to C. After the identification, the table is genuine goods at a fair price to watch. [C without loss of property, the specific risk legal interests do not have, A established impossibility. ]

H. (2) behavior of people mistakenly think that the temple incense ash can be used as a poison to kill into the victim in food. [specific risk behaviors of lack, even the abstract danger are not, do not need to do not make discussion, only the establishment of superstitious offense. ]

[22] [suspend cases study of time] following the suspension of crime is (B).

A. A in order to kill the enemy prisoners of B, while B defenseless occasion pushed B off a cliff. After 3 hours, A down the mountain home, found rolling down the hill B bleeding, as a tragic, out of sympathy for the home. The doctor treated, B at three months after discharged from hospital. [A in homicidal intentionally under B pushed down the cliff, as a result of intentional homicide attempted pattern has been formed, after the A B to the hospital behavior can only be identified as attempted crime outcomes, performance of repentance behavior, can not be identified as the discontinuance of crime. ]

There are two bullets in a gun at the enemy B., B shot, but the first shot to B minor injuries, the victim to beg for mercy, a B sent to the hospital, a suspension of crime;

C. a finished all the bullets did not hit the victim, a thought, a back today, did not hit, a discontinuation.

D. a first shot the victim, the victim is bleeding and can lead to death results, a stop crime play second gun suspension

E. a first shot missed, a don't know their guns and bullets, suspend crime stop infringement? [objectives not hit in the first bullet, behavior that can continue to abuse, the cessation of the infringement, suspend crime (case B); if the end is sufficient to recognize behavior, time of termination will not have: (1) after the implementation of objective behavior, to continue to implement the (C (2 case);) even no infringement behavior, the law profit violation results will also gradually (case D); behavior may continue to implement the behavior, but people have no knowledge or understanding of error is difficult to continue (case E)]

[23] the following the suspension of crime is (ACFH).

A. A theft in the B house property, see outside the patrol C after, think even continue to implement the theft, the police may not be found; but if carried out stolen goods, may be C arrest, stop a while away. [subjective said: crime through to the end. At this time, A is still my meaning based, in the absence of forced any decision to stop crime, still the suspension of crime. ]

B.A prepared the murder weapon, the night into the financial institutions of theft, but standing in the front of the safe try a few times, I found this model for safe carry their own tools totally unable to open, and leave the site; B to mean and others hurt fight, soon found

 

Their fighting skills than their own, continue to fight will suffer, they would run away. [behavior first people trust their own abilities, but in started to commit a crime, is not from the heart feeling, to stop the crime, only the establishment of attempted]

C. methyl on the means to kill B B B, after injury, a see B is very painful, send B to the hospital. Because the negligence of doctors, B death. [effectiveness: stop the occurrence of criminals continue to implement the crime or effectively prevent legal result. However, the need to pay attention to is, suspended after the implementation, due to other causes harmful consequences, people first implement cut the causal relationship between behavior and harmful consequences, in this case, even if there is a certain result, the perpetrator can also hold the discontinuance of crime. [a] for the discontinuance of crime of pay a sincere effort, B's death as a result of gross negligence of doctors, armor and can not prevent the doctor's negligence, causing the behavior result has nothing to do with the armour of the act, a a suspension of crime. ]

D. criminals ready to the victim's stealing the gold and silver jewelry, but carry off all that one has, a treasure is not found, only a dozen pieces 100 yuan worth of clothes, Xing Xing leave the scene. [behavior because of expectancy violation, and did not obtain property, can be presumed to act in any case not to continue in the experience rule, set up an attempted]

E. bandits in his victim's wallet just turning over 5 yuan of money, he put the purse returned to victims and said: "forget it, you need more than I do these 5 yuan of money". [attempt]

F. a burglary theft victims to B expensive watches, but to the property before a waiver of crime in identifying, later proved to B a few days ago with the watch abroad. [objective thing itself does not exist, the result of crime behavior does not occur, but the behavior of people think that its existence, and since that crime can be completed without obstacles, to give up crime means, in accordance with the subjective behavior, is based on myself to stop crime, the crime objective can be real to the end, be of no great importance, behavior the suspension of crime]

G. invades houses ready to steal, but a Wind sways grass., think that the arrival of the police, to stop the crime. [Objective obstacles do not exist, people mistakenly believe that the existence of psychological behavior, by force, not based on the intention to give up crime, not to set up stop. ]

H. behavior into a house to steal, he saw the wind sweeping leaves as thistledown, feel all is vanity, and discontinuation of crime. [] sixth accomplice discontinues "The test of prediction 1 necessary accomplice The qualification of the 2 accomplice and principal 3 successive accomplice Identified 4 abettor, accessory From the 5 accomplices (abort) identification 6 accomplice and identity 7 not as an accomplice [24] on the crime only punishment ringleader, the following statement is correct (CD). A. to disturb the social order of sin B. mob rape C. assembling a crowd to disturb public order, traffic order crime D. to obstruct rescue bought women and children, the crime

 

[25] on the accomplice is necessary, the following statement is correct (BD).

A. a purchase of obscene goods, cash in advance, and give each other for their own choice to provide pornographic materials, contact with each other for the door-to-door selling pornography, constitute the crime of making profit or abettor help [error. The criminal law is not punished for participation behavior, whether the combination of the general principles of criminal law provisions of abettor and accessory penalties for? As lawmakers in the provisions of some necessary accomplice, will be against the interests of a part of the behavior of the standard (elements of), at the same time, another part of people's behavior from the constitution, so that, for some participation behavior, even in the illegal, crime has to be punished sex, should also be excluded from outside the penalty. Therefore, the purchase of obscene goods, even if the cash in advance, and give each other for their own choice to provide pornographic materials, contact with each other to door-to-door, is part of the purchase, not to sell to help make evaluation. ]

B. young young girl sin not statutory punishment

C. crime of misuse law in adjudication of beneficiary and perverting the law if a prior communication constitute accomplice

D. the crime of destruction of military marriage do not punish the spouse of an active serviceman. 

  

[26] on the accomplice and principal problems, the following statement is correct (ABCDEFGH).

A. a concealed forced prostitution in propylene, ethylene propylene to rape, forced prostitution in propylene finally, B and implementation of the rape, and the accomplice in the crime of rape within range, but a final set of forced prostitution. [part of common crime: inclusive relation between human behavior is crime, established in the tolerance range accomplice]

B.A (25) to a full full 14 one full year of life B robbed C property, A can constitute the crime of robbery abettor, B is the crime of robbery crime, but because B does not have the age of criminal responsibility without penalty. [the mental patients to commit the crime, is the absolute belongs to the manipulation of the people, the establishment of indirect principal offender. Use did not reach the capacity of criminal responsibility or a person with limited responsibility person to commit the crime, if be used with standard consciousness and ability, have their own knowledge and understanding of the crime, the crime is the person oneself "work", the use of an abettor, does not constitute the indirect principal offender. ]

C. has the intention to kill Dr. A will some injection and give it to the nurse B, its injection for patients with C, significant differences in color on the injection and normal drug, B a little attention can be found, but the busy work B due to negligence for C injection the needle medicine, resulting in C death. Those who are using the crime of medical accident, the crime of intentional homicide crime bear responsibility for the results. Correct. The negligence of others: and by the use of people who lack a common criminal intention, is the use of those tools still belongs to the crime. ]

D.A has spread and obscenity purpose of profit, but the profit to hide, to persuade B to spread pornographic materials, direct propagator B lack of subjective elements are not in conformity with the dissemination of pornographic materials for profit the constitutive elements of the crime, only the establishment of the crime of spreading obscene objects; indirect A was established the crime of spreading obscene articles for profit. [the intentional but without purpose or the identity of the tools]

E.A for killing B, know B was in a screen, it directs the C shot the screen, do not know C a gun broken screen, also killed B. Although C is deliberately destroy property, but not a murderer intentionally, kill, C is just a tool, A constitute indirect intentional homicide. [intentionally using other petty crime]

Husband and wife quarrel with F. A B after running away from home, a homicidal intentionally neighbor C told B: "you pretend to hang himself, I will call A back to have a look, to scare him, let him not to argue with you." B had followed C's advice, but C did not rescue B, B quickly hang, C belongs to the victim's behavior to kill the purpose of indirect principal offender. Correct.

G. does not have the identity of A and does not have a witness B many times come, but eventually the judicial authority of making false statements is B, only B constitute the principal, A as an abettor, does not constitute a conspiracy. [personally committed: "dear dear must force for" constitutes the crime of criminal law practice. ]

H. does not have the status of national staff's wife A who served as finance manager of State-Owned Company B fraud, illegal possession of public property, A of corruption crime, abettor, but do not constitute the indirect principal offender. [real identity: only has the special status can be established principal]

[27] about joint principal offender, which of the following errors is (DE).

A. kill A and B, respectively. The C, D, and command them to jointly implement the killing of E B, C, D, arrived at the scene at the same time the knife blade E, BCD three people lack the means to contact each other, but also the establishment of joint principal offender, rather than at the same time crime. Correct. The key lies in the meaning of the contact behavior between the transfer by someone, but progressive, even single contact indirect contact, is also a common way of expression;]

After the B. has been implemented for a period of time in the act of killing a, B involved, and a means to contact, common to the C implementation of violence behavior. But what is involved in the crime before B C death or after death, can not be identified, a set of intentional homicide was accomplished, attempted B. Correct.

C. A and B were murdered C, a show with a knife to kill C, B with poison more effective, second days, a alone with poison poisoned C. B a conspiracy. Correct. A and B are seeking to crime based on equality relations, is of course not abetting, conspiracy, reason, instigation is that no criminal intent of criminal intent. ]

D. a determined to steal third belongings, they find details about his criminal Plan B, inviting B counterparts. B tell a since stolen goods more, "the best with a big pocket". A really prepared a large pocket. Second days, a cannot find B, he took the big pocket of theft crime. B a conspiracy. [error. B opinions on the implementation of crime is very hard to have the substantive function domination, be recognized as collusive coprincipals is not appropriate, can consider that help make. ]

E. a to B said: "if you kill C, I give you 50000 yuan of money", B after listen to not to utter a single word, killed C, is a conspiracy. [error, the instigator, rather than a conspiracy. ] 

  

F.AB after the proposed plan, with the means to kill the C shot, but A hit a high ornamental value dog beside C, B bullet cannot launch, AB was attempted murder. [correct], part performance and total liability

G.AB common robbery, A by a dead end road, B to the alley into C robbery, in the C resistance, B deliberately killed C. B belongs to the robbery causing death, A is responsible for C's death. Correct. + basic behavior intentionally aggravated consequence = part performance and total responsibility intentional]

H. B common kidnapping C, B in the post custody C C, will be tied too tight, causing the suffocation deaths, because a have foreseen the possibility of this behavior, a result of the death of C should also be responsible for. Correct. The basic behavior and negligence intentionally aggravated result + foreseen the possibility = part performance and total liability; negligence aggravated results basic behavior + intentionally + no foreseeable possibility basic behavior = full responsibility + also made]

[28] the following statement is correct (ABCD).

A. AB burglary, A obtains the belongings to leave, the master B is home to escape the owner found severely beaten, B is the crime of robbery crime, but A only constitutes the common principal offender of the crime of theft.

B.AB prior to negotiate, if theft difficult to break away and beat the victim, AB burglary, A obtains the belongings to leave, the master B is home to escape the owner found severely beaten, AB constitute the accomplice of robbery.

C. and conspiracy to rob, a lethal, B are unaware of, constitute a crime of robbery crime, joint principal offender B constitutes a crime.

D.AB after the conspiracy after the implementation of robbery, A outside the lookout, B burglary, robbery of housebreaking must apply the statutory penalty of AB

[29] the following error is (full).

A. a group of prostitution of others, help a B, B to constitute the organization prostitution crime of helping criminals to assist the organization prostitution crime []

B. is a serviceman, B to a company from the armed forces, a escape. Constitute a soldier of the crime. The crime constitution, B soldiers fled the instigator. [military] to the crime

The C. committed themselves to destroy or falsify evidence, not the crime, the crime of this crime outside help destroy or falsify evidence, no crime. [help destroy, crime of fabricating evidence]

D. prostitution is not a crime, lure abetting prostitution is not a crime to prostitution []

E. drug is not a crime, drug crime abetting nor. [abetted drug crime. ]

[30] on the instigator of understanding, the following statement is correct (CD).

A. normal life a disturbance on one's uppers C C, know home, still abet B a C property stolen. A an abettor. [a causal relationship exists between complicity punishment if that is the basis and principal results, then accomplice intentionally must of course be perpetrator of results are known, grant. Instigation lack of abettor, of course, can not be punished. Nishida Norino.

B.A in order to test the guts of C, B and C the shot, but in the B B before embarking on the bullet in the gun, all removed, A as an abettor.

C. a know C home penniless, abet B burglary C property, in the C -- an hour ago, C accident put property placed indoors, get a B theft, theft of abetting crime establishment;

D.A told B by gun injury to C, but in B to implement, will B the bullet in the gun discharged out, but according to the B plan, once the bullets cannot hit the C, with the buttstock hit C's head, C still has high risk receive infringement, A established the instigator.

[31] on the offender, which of the following errors is (A).

A. A prepared to enter the theft B home, looking for C drawing B family room distribution map. But A at the scene, don't use it well. B was not help make [error: without the use of drawings, but helping behavior of B makes A theft psychologically easier, spiritual help still exist, criminal. ]

B. a to B and C theft property entrusted lookout, in a break after fifth minutes, C because a heart attack and fell into a swoon. Do not know a robbery in 30 minutes after the accomplishment. C criminal. Correct. Helping behavior on the psychological impact of a still exists, the establishment of theft accomplished offender C] 

  

C. leaving a purchase contract in the review, found a lot of trap contract B has obvious intent to defraud. But the company did not disclose the disgruntled a, B a smooth fraud company property 500000 yuan. A behavior makes fraud B more easily, form a comprehensive help, can set up the contract fraud crime of unilateral accessory. [correct: one-sided helping: Help offender is the focal point of "one-way", should certainly help the concept of one-sided. ]

D. Wang in the neighborhood into a "cold, then need to use Medicare card to buy medicine" requirement, will your Medicare card to some, a Medicare card defrauds insurance money by the hundreds of thousands of yuan. Wang set up fraud. [correct] [daily behavior and help offenders: objective has obvious damage to the interests of law; subjective to see whether the behavior person to others can have a clear understanding of the crime, which denies the one-sided helping intention. ]

E. taxi driver A in that the BC will go in murder, still will pull BC to the specified location. A constitute the crime of intentional homicide offenders who help [right]

F. agricultural company manager D toxic pesticides sold to farmers in E, E poison to kill F. D to others may commit the lack of understanding, not criminal [right]

G. a fast food shop owner G knew of the H casino, still in accordance with the requirements of H every day for the casino sent box. The behavior of G belongs to the concept of social behavior can be tolerated, can not be identified with obvious damage to the interests of law, not criminal. Correct.

[32] the problem about the accomplice of suspension, the following statement is correct (full).

A. a, B and C to damage, before implementation, B because of fear and breaking away from the accomplice relationship, a separate C a wounded. B does not abort mean to tell each other, without the other's consent, not the accomplice of detachment, was still accomplished conspiracy and non stop. Correct. Suspension of complicity common perpetrator: generally need to meet two conditions (a) have complicity from the meaning, and the other to clear; (b) suspension was accepted. The researchers have recognized in the "go it alone". However, the need to pay attention to is: conspiracy to commit a felony crime and major crime, complicity common perpetrator of proposal requires the establishment of discontinuation, only to convey suspension to each other and get his approval, is not enough, must also be taken to inform the victim, withdrawal, alarm and other measures before, to effectively prevent other conspiracy joint principal crime]

B.M and Q walk in embankment, encounter old associates to Embankment for the crime of robbery, accomplice to join, M and Q first promise, after the one in two cohorts presented only a crime object, too many participants, spoils too little, M and Q then do not participate in the. Others move a crime of robbery, back in situ, carrying the M and Q left embankment for motorcycle, after M and Q did not share the booty. M and Q in the run-up to the discontinuance of crime, and other partners to accept, discontinuation of crime of robbery. Correct.

C. a commitment to 100000 of B to B to kill C, and gave 50000 yuan deposit. In the distance a and B killed 3 hours away, a sudden, repent, and call the B, C to don't kill. B on the phone and say "know", then hang up the phone. 3 hours later, B is still killed C, and require a pay another 50000 yuan. A crime [right should be established. The abettor stop: stop meaning in the others begin, and the meaning is delivered to the instigator, in principle can be established to suspend. But if the instigation instigator is a felony, or to each other once things success is rewarded occasions, to the suspension of crime discontinuance of crime, only to convey meaning, and obtain the instigated commitment is not enough, must also be taken to inform the victim commitment, withdrawal, alarm and other measures prior to the crime effectively, to prevent the instigated. ]

D.A C for in second days the theft of automobile and invite a locksmith B to the scene with wire poke door. B agreed soon after the back, and said he did not dare to go. A feel helpless had to agree. The second day, A of their own with a wire to hold C car goalkeeper car. B to inform each other of their free means and get approval, eliminate their A to implement the behavior, B can set up the discontinuance of crime. Correct. To help make the suspension: informing others of their requirements from the complicity, cutting off their positive affect the behavior of the future, people will feel it difficult to carry out, at the same time to give up crime intention to the other's permission, you can set up stop. ]

E. electrician a victim B home to install air-conditioning, in accordance with the theft by prior arrangement observed and drawn B villa room distribution map, marked the location of the property, then the drawings to C. In the third embarked on theft, a regret, and tried to reclaim the drawings. But C that has torn up drawings, a no longer. After the event, and by virtue of the drawings stolen property B. Because a is not cut off from help behavior and harmful consequences of physical causality, still hold theft crime. Correct.

F. and conspiracy to the scene together implement damage behavior of acrylic, methyl acrylic bleeding to see, very poor, secretly left the scene. Continue to implement the harm caused by B, C death. A beginning, with the discontinuance of crime of meaning, but did not actively take measures to prevent the crime of B to B, resulting in the death of the responsibility, the establishment of the crime of intentional injury (to death), but was not discontinued crime.

Correct. The implementation stage suspension: (A) all the crime of joint principal offender decided to stop crime, and effectively prevent the result, all the suspension of crime; (B) a suspension of joint principal offender, and effectively prevent the other principal to committing a crime, the person was suspended, he set up the attempted; (C) a suspension of joint principal offender, but does not prevent other principal to continue the implementation of crime, crime depends on other practices is accomplished or attempted. ]

[33] and several common theft cases. At the beginning of 2007 3 night, a and B and meet together to a villa theft, but not in advance about theft, armor is still outside. B burglary, passed a little while, B of a said: not to steal what things, but to steal a car key. B is going to take the car, a very afraid, then to B said: "you steal from you, I dare not to steal the car". B said: "you do not steal, you wait for me for a while." A so still standing at the gate of the villa, B alone to open the garage door. B the car came out, called a car, a said: "I go." B said: "I drive you home." Armour says: "sit down, you steal the car, it has nothing to do with me." A a B car, the car to go home. B to a home, a car alone will sell at a low price, to sell the car, a single cent not. In this case, the following statement is correct (full).

A. B car theft, and constitute accomplice.

B. B is the principal offender, is the principal.

C. is a help offender, accessory

D. a was not discontinued criminal, but accomplished offense. [(1) on the B car theft, and an accomplice, B is the principal offender, is a principal, is to help commit, is an accomplice. Because from an objective point of view, easier lookout behavior a that B stealing the car keys, so that B car theft behavior more easily, so a to B car theft behavior. (2) a was not discontinued criminal, Jia did not prevent ethylene action, existence of spiritual help and in fact the B behavior; criminal does not require I have the purpose of illegal possession, as long as the helpful meaning and behavior can help make; not in stolen goods, does not affect the conviction. ]

[34] of accomplice and identity, the following statements are correct (BCDE).

Women with A. A and man B collusion raped women C, a C when the side, with a wooden stick out C, B also raped C, even women a implementation of violence, but due to the identity of the restrictions, can not be implemented rape behavior, therefore, not the violence identified as rape implementation behavior, can only be identified as helping behavior. Correct: [no identity can be a real joint principal offender status crime, for the same case, Professor Zhou Guangquan specific provisions and general provisions of different points of view, should be based on the specific views prevail]

B. non national staff and the national staff collusion, collusion with corruption or bribery, embezzlement or bribery should be established with the help of the crime committed. [correct: identity of persons without help, who are convicted and identity of the conviction: according to the identity of the crime]

C. postal staff a instigate non postal personnel B destroying, email to others, a set of indirect principal crime of violation of freedom of communication abettor and conceals, destroys mail crime, two belong to the imaginative joinder of offenses. [real status person abetting crime non identity: instigator first founded the non identity committed the crime of instigation; at the same time, the indirect principal offender belongs to the identity of the crime, which constitute the imagination of concurrence relationship. ]

D. national staff a solicitation of unemployment for property to others to his wife at home B, criminal law does not act alone will b stipulated as crime, indirect principal offender a constitute bribery, B established indirect principal offender. [the identity of persons without the implementation of its cannot constitute a crime: because there is no crime, so only the status crime as the indirect principal offender treatment. ]

E. is a Sino foreign joint ventures of the competent financial vice general manager A (does not have the status of national staff) and the State-Owned Company assigned to the joint venture company financial personnel B mutual collusion, each to use their positions, common encroached on the joint venture property, while the A of high positions in society, but the general idea the identity, B high, according to the provisions of the third paragraph of the criminal law 382nd, A is still with B embezzlement accomplice. The third paragraph 382nd [criminal law is a provision of attention. The identity of competition: all accomplice has a different identity status, their use of their identity, jointly implemented criminality pure status crime, should be in accordance with the "conviction higher status general social concept on" human behavior. ]

[35] on the omission and the accomplice, the following statement is correct (full).

A. the baby out of a state of extreme hunger, mother A not breast-feeding, father B also does not provide any other food, leading to the baby was starved to death, AB is not as a crime of intentional homicide. [not as compared with the common principal offender: joint principal offender is not as]

B. a 5 year old son drowning in the river water, a rescue, but the neighbor B of a said: "your son never obedient, long also not like you, also do not know who is kind, he fell into the water and not pushing you, anyway." He didn't go to rescue a

His son, led to his son drowned. B is the crime of intentional homicide of instigation, not as a set of intentional homicide; [as guilty of abetting the crime of omission]

C.A knows that B has committed the crime of espionage, and intends to hide. C to know the meaning of A, told the A: "in order to achieve the" three principles of the people ", must not disclose to any person B." Later, B espionage crime evidence to the A in the state security organs, A refuses to provide. A declined to provide evidence of crime of espionage (omission), C A provides psychological help, constitute the crime of helping criminals. [as committed to help omission]

D. in a remote wilderness, patrol police B found are hurting C, a parking glanced at the B, B also saw a nail, nail immediately leave, did not stop the atrocities of the B, 10 minutes later, B to C seriously wounded, according to the legal obligation, don't stop the crime of omission, B, objectively strengthened the criminal psychological B function, can set up the crime of intentional injury accessory. [not as guilty as guilty of abetting help: not as difficult to imagine, but not as a way to help as a crime, thus strengthening the crime psychology, make it a crime to more easily (psychological help), can be. ]

[36] the husband a case found in the improper sexual relations between wife B and C, B to a confession: "has 5 year old son is B and C are born." A fit of rage, beating son ding. B sit aside, not to utter a single word. After 2 hours, a Ding seriously wounded, and then to run away. Afterwards, the neighbors will Ding Ding send toward the hospital, after the rescue invalid death. How can a and B punishment?

[if not as implementation as the "nine in ten", should avoid the occurrence of results (his wife to the police, or to the neighbors for help, the police or the neighbor can quickly feel the scene, son of Ding is very easy to get relief), at the same time make are not as (do not recognize the film surface principal); if only "is it possible to make the results more difficult" (b home location of the remote, the surrounding neighbors rarely, even if the alarm or call for help, others feel the scene for a long time), are not as accessory (admit one-sided helping) (Nishida Norino)]

[37] on the accomplice and the wrong question, which of the following errors is (F).

A. a to B shoot pests C, but B in fire because no bullets will Ding marksmanship, killed, a set of intentional homicide of abetting crime. [principal] against error

B.A told B to steal C valuable necklace, necklace was stolen from B, and CIS

Seventh speak concurrence of crime

"The test of prediction

1 overlap of articles of law

2 the imaginative joinder

3 prior behavior not the penalty and non penalty after behavior

4 note: implicated offense and absorbable offense cancellation problem

5 note: the handover problem this section "up" and the traditional theory

[38] about the act, the following statement is correct (C).

A. undertakes assessment services intermediary personnel accepting bribes for corporate illegal issuing false certificates, the combined punishment for several crimes; [error: composite behavior: A1+A2=A. Crime of providing false documents article 229th of the criminal law second, the provisions of bribery act and article 229th of the criminal law first provides false documents act together; the crime of kidnapping is combined with the behavior of illegal detention and blackmail and impose exactions on; violence during the robbery and obtaining property behavior, belong to a behavior element sense. ]

The behavior of B. a in B to send gifts, for higher pay to B, human behavior is the bribes, and receive the property of others, constitute two of bribery crime. [error. Choice behavior: the provisions of many measures for many crime criminal law, the perpetrators of various means to act at the same time, the constitution is a behavior. ]

C. repeated robbery, aggravated punishment. Correct.

D. repeated theft is continuous offence. [error, is the condition of crime, not continuous offence]

[39] on the transforming crime, which of the following errors is (B).

A. postal personnel to open, destroying, mail, telegraph, to steal, to theft; 

B. embezzlement, objectively cannot be returned into the crime of corruption, misappropriation of public funds; [, subjective and do not want to return to the crime of corruption]

C. misappropriation of special goods, for personal use, into the crime of embezzlement of public funds;

D. illegal blood selling, forced to sell blood, causing injury to another person, into the crime of intentional injury;

E. on smuggling, drug trafficking illegal narcotic drugs, psychotropic drugs provide, or to profit for the purpose of narcotic drugs, psychotropic drugs, will be provided to the users, people who inject drugs, into the crime of drug trafficking

F. buying abducted women, children and sells, into the crime of trafficking in women and children

[40] on the coincidence of articles, which of the following errors is (BD).

A. contract fraud and fraud, theft of firearms crime of theft and belongs to the coincidence of articles [right]

B. article 149th of the criminal law act violates the provisions of the second paragraph, article 140th specific crimes of producing and selling fake or substandard products and 141st to 148, applicable statutory penalty weight. This shows that the above terms is the imagination of concurrence relationship. [error]

C. prostitution and forced prostitution, prostitution and temptations, only the organization prostitution crime [right. Inclusive coincidence: A and B, exist in the crime of inclusive relation (whole and partial method), the behaviour of composite armor sin (integral) elements, must also conform to the crime (Part B) elements, but only constitute a crime behavior, to the exclusion of B sin. ]

The D. organization, forced prostitution and rape of women, the combined punishment for several crimes. [error. CO tolerance concurrence]

[41] T discovers network game "legend 3" by the game player pursued, which intends to develop the game. With our years of experience in software development, T et al. Soon broke the "Legends 3" program source code, and developed a variety of "legend 3" plug-in. Subsequently, T et al to set up their own website to sell a lot of game player plug-in. Start game player plug-in, if not to control, can guarantee for the game state, in order to obtain a better result than the normal game player. T et al developed software plug-in and sales, business amount is as high as 2800000 yuan, is not only a violation of the game the rights of copyright holders, but also disturbs the fair environment game operation, the game consumers lose interest, causes losses to the operators, is illegal Internet publishing activities. External use of game player behavior not only changed the rules of the game, but also shorten the game operation in life. How should the punishment on T?

[this case belongs to the imagination of concurrence, concurrence of infringing the copyright crime and the crime of illegal business operation, according to the judicial interpretation of the crime of illegal business operation, in accordance with the conviction and punishment. ]

[42] on the behavior of the competition, the following statement is correct (full).

A. a theft of property in B, break into houses before smashed the anti-theft door b value is very high, the vandalism of larceny preparatory behavior, behavior person to no longer evaluation in. Correct. Prior actions cannot be punished: implementation behavior, there may be some light behavior or preparatory behavior, but the perpetrators felony, to hand before the act is no longer separate felony conviction and punishment. Absorption of actions preparation behavior. ]

B. abandoned the victim was killed the victim, as a crime of intentional homicide is not punishable prior behavior, abandonment behavior no longer evaluation, only the crime of intentional homicide. Correct. Felony misdemeanor] absorption

C. stealing a vase, posing as cultural relics sold to others, constitute the crime of theft and fraud. [correct, not the penalty after behavior, if violations of new legal interests, the combined punishment for several crimes. ]

D. in the implementation of intentional homicide, criminal evidence to insult of the body, the afterwards act, as after the behavior, not the penalty no longer evaluation, only the crime of intentional homicide. Correct.

[43] the following acts should be combined punishment for several crimes is (full).

(A) the organization, leadership, participating in terrorist organizations crime, the crime syndicate, and commits murder, explosion, kidnapping.

(B) organization, transports the other persons in the border, and the organizers, transportation has killed, injury, rape, trafficking and other behavior.

(C) buying abducted women, and illegal detention, injury, insult, rape.

(D) production, sales of fake and shoddy goods, resist inspection.

(E) smuggling ordinary goods, resists the seizure of.

(F) the illegal hunting of killing of rare animal, resist inspection.

(G) the sale, transportation and the use of counterfeit money.

[44] A B theft of a car, (later to assess the value of 200000 yuan), then find C, try to sell C car. C watched stolen, told A: "if you have a full set of car formalities, will give you 40000 yuan; if not, can only give you 20000 yuan." A and C cheating, said he has a full set of legitimate car formalities, and then forged car ownership certificate, invoice, purchase a car driving license and other related procedures. C found no car formalities to be false, on the price of 40000 yuan to buy a car. In the case of the B, A set up the crime of theft, which is no doubt. But for C, A can set up the crime of fraud? In addition, whether the establishment of implicated offense between A forgery behavior and other criminal acts?

Deliberately [C to buy stolen goods, the A car is stolen goods is not without understanding. C even in a certain extent by A deception, but not in the cheated person position, A does not constitute a crime of fraud, so in the case of A theft and forgery of certificates of state organs crimes]

Eighth about the consequences of the crime theory

"The test of prediction

1 how to understand the criminal is held in custody? [calculation and fold control sentence against] control sentence, calculated from the date of execution; execution of detention in custody before, a day to be shortened by two days. In custody, including for the same crime under criminal detention, arrest and detention, including administrative detention, reeducation through labor, customs detention and deprivation of liberty measures by the same act. If the defendant was released on bail pending trial, not deprivation of personal liberty, can not be regarded as the detention, no allowance. If the defendant in custody before the decision repeatedly again and again to escape, finally in custody to be shortened, can only last a detention time.

Applicable object of the limitation of death penalty problem 2

(1) how to understand the "crime under the age of 18"? (a) the 18 birthday is still under 18 years of age, second days it has over 18 years of age; (b) if the criminal is under 18 years of age, the trial has over 18 years of age, can not apply the death penalty.

(2) how to understand the "trial when pregnant women"?

(a) "judgment day": including the custody, also including the period of detention before trial.

(b) "pregnant women": first, detention in custody before pregnancy and abortion, into custody not pregnant, do not belong to the circumstances. Second, custody before pregnancy, and continued into custody, regardless of whether the abortion, belonging to the circumstances. Third non pregnant, custody, custody after pregnancy (even for pregnant through illegal means), regardless of whether the abortion, belonging to the circumstances.

(3) how to understand the "death penalty"? First, the above two categories of people not to apply the death penalty, including the death penalty executed immediately, also includes the application of the death penalty with a two-year reprieve. Second, do not apply the death penalty, refers to the cases of the crime, will no longer apply death penalty.

3 how to understand the article fiftieth of the criminal law "intentional crimes"?

(a) should be restricted to explain: indicates that the offender resists reformation aggravated crime; [Professor Zhang Mingkai VS professor Zhou Guangquan views]

(b) the intentional crime must go through the courts to determine;

(c) although the criminal law to "intentional crime, verified" no rules "two years", but, according to the nature of the penalty, the execution situation must wait until two years before the implementation;

(d) the intentional crime + major meritorious service, should not be executed, can be reduced to life imprisonment;

(E) committed a crime not executed should be combined punishment for several crimes, to decide the probation period (the new decree start date). In February 1, 2006 be declared as a suspended death sentence in February 1, 2007, committed intentional injury crime (minor), court in May 1, 2007 will be the newly committed the crime of intentional injury and death be punished, decided to implement the death sentence with a reprieve, new reprieve from the decree (May 1, 2007) calculation.

4 please remember the judicial interpretation of the "shall be given a heavier punishment"

General principles: (1) instigate persons under the age of 18 crime (section first; twenty-ninth) (2) (sixty-fifth) of recidivism.

Specific emphasis: "shall be given a heavier punishment" as follows:

(1) any armed smuggling (article first paragraph 157th. Note, this is common for smuggling. If any armed smuggling drugs, drug crime statutory aggravating circumstances, not be the plot, see section second) 347th

(2) currency counterfeiting and sells or transports counterfeit currencies (the third paragraph 171st). 

  

(3) the carnal knowledge of a child (second, 236th).

(4) illegal detention with beatings, insults the plot (first, 238th).

(5) the State functionary crime of unlawful detention crime (article third paragraph 238th).

(6) the staff in state organ committed the crime of false accusation (second 243rd).

(7) the judicial personnel breach of privilege committed the crime of illegal searches or trespass (second, 245th).

(8) posing as police try every trick to mislead the public by section second (279th. Note, posing as police officers robbery, robbery is the statutory aggravating circumstances)

(9) to minors to participate in the * * * (the second paragraph 301st. Note: This is an independent crime, namely the allure minors crime mob * * *. Therefore allure minors to the * * * * * *, not a crime shall be given a heavier punishment, but the * * * allure minors crime, just sentencing on the * * * relative crime, be given a heavier punishment.)

(10) the judicial organ staff guilty of obstruction of evidence, the crime to help destroy or falsify evidence, the crime (article third paragraph 307th).

(11) the smuggling, trafficking, instigate minors, transportation, manufacturing drugs or selling drugs to minors (section sixth, 347th smuggling, trafficking, transporting, making drugs).

(12) to lure, abetting, cheat or forcing minors into taking, injection drug users (section third, lure, instigate, 353rd deceive others drug offense, forcing others drug crime).

(13) to less than 18 years old minors to disseminate pornographic materials (section fourth, 364th of the crime of spreading obscene objects).

(14) appropriated for disaster relief, rescue, flood prevention, special care, poverty, immigration, relief funds and materials for personal use (section second, 384th of the crime of misappropriating public funds).

(15) (386th bribery, bribery).

(16) the bank or other financial institution staff in violation of state regulations, loans to related people (186th paragraph second, illegal loaning crime).

5 please remember the specific provisions of the criminal law "lenient circumstances"

(1) in the prosecution of former briber confesses his crime may be given a mitigated punishment or be exempted from punishment. (164th, to the company, enterprise, other personnel bribery units)

(2) in the prosecution of former briber confesses his crime may be given a mitigated punishment or be exempted from punishment. (390th, the crime of bribery punishment)

(3) the introducing bribe people before prosecution voluntarily confesses the bribery, can be mitigated punishment or be exempted from punishment. (392nd, the introducing bribe crime)

(4) 398th [deliberately leaking state secrets] [negligently divulges State secrets] state personnel who violate the provisions of the law on Guarding State secrets, intentionally or negligently divulges State secrets, if the circumstances are serious, is less than three years imprisonment or criminal detention; the plot is especially serious, three to seven years be sentenced to.

Non state staff commits the crime, according to provisions of the preceding paragraph, the punishment.

[45] identified 6 cases of voluntary surrender, the following statement is correct (full)

A. A had criminal crime, sentenced to penalty above, in the implementation of the sentence and 5 years after the crime, but because the suspicious appearance and movements, in the judicial organ staff question truthfully confessed the crime, but did not report their real names and criminal record, the judiciary could not confirm the previous the facts of the crime, the judicial organ to recidivism may affect the determination of A can be identified, the confession of his crime, cognizance of surrender [shall surrender. Only something major crime fact, conceal the sentencing, also calculate the confession. For example, a statement of fact of voluntarily surrender the robbery, but hiding in the amount of robbery, is still regarded as the confession. ]

B. suspects in the trial period the confession of his crime, or in the first instance has a confession, but before a trial eventually truthfully confessed his crime, is a trial of surrender. Entered the second instance procedure, the defendant's confession, also should be identified as surrender, just sentencing to the defendant when the retraction behavior as a heavier punishment to be considered.

C. guilty of crimes committed by criminal suspect only confess crimes in the crime of part number, crime truthfully confession, surrender. But, indeed, as the main reason of crime objective aspect, only the confession of the main or basic crimes committed several crimes in the case, should be regarded as voluntary surrender.

After the traffic accident escaping D. and brought to justice, to surrender; no escape, directly report the initiative and brought to justice, but also to surrender. 

  

The E. unit can be the subject of voluntary surrender.

F. criminal testimony of his murder, believes that she is not to kill, but self-defense, emergency hedge or does not have the anticipated possibility, does not affect the establishment of confession.

G. a guilty of taking bribes, only to the bribery, person does not appear, do not constitute a voluntary surrender.

[46] 7 cases of Zhang San (female) for drug trafficking by judicial organs cracked. Zhang San denounced Li Siceng raped her, ask, Zhang San whether constitutes the crime? [was] meritorious service

8 please compare the following provisions:

Article seventy-sixth [probation test and positive consequences] declared criminal probation, the probation period, investigation by the public security organs, the unit or the basic level organization cooperate, if not the law of the seventy-seventh article of the cases, the expiration of probation, the punishment originally decided is not executed, and shall be announced to the public. [Note: if the probation period commits another crime, should be combined punishment for several crimes in accordance with the provisions of article sixty-ninth of the criminal law. ]

Article eighty-fifth [parole test and positive consequences] paroled criminals, during the probation period, the public security organ shall supervise the law, if not the eighty-sixth article of the cases, the probation period, the original sentence shall be deemed to have completed, and shall be announced to the public. [Note: if the new crime and crime during the probation period, the parole shall be revoked, shall be governed by the provisions of punishment (71)]

[cases of 47:03 years. 2.40 adapted version] Wang was convicted of theft was sentenced to prison, after fourth years, again theft committed by the people's court sentenced to two years and zero nine months. The people's court not to Wang for which of the following system? [BC] [recidivism legal consequences: (1) shall be given a heavier punishment; (2) not applicable probation and parole]

A. B. C. D. suspended sentence on medical parole

More than 9 listed as "key", does not mean that the candidates on these sites only need to study in the penalty, the combined punishment for several crimes (such as the criminal law sixty-ninth, 70, 71) we have no problem, however, is a question almost every year. Candidates should pay attention to the theory of punishment is reviewed in the final sprint stage (look at the teacher's lecture, when necessary, and then back to textbooks), and specific and general "theory" drill don't punch. Should ensure that: the penalty points or not or not.

Ninth criminal law overview and destroy the order of socialist market economy

"The test of prediction

1 the final sprint stage: don't make a particular point of view; this year will not test very "special" point of view, the sub topic will be quite satisfactory, the difficulty is not high, "" moderate ". Don't spend a lot of energy to memorize a large, complex, very detailed knowledge, want to have overall situation view.

Study 2 acts committed (unlike Zhang proposition era: Miss Zhang is emphasis on the investigation results)

The qualification of the 3 sales amount;

4 the abstract dangerous crime, dangerous crime, the crime, the crime of amount of the specific problem;

5, monetary crime, the crime of smuggling crime of financial fraud, tax crime, intellectual property crimes are required to master "skilled". Not required to "dig", in other words, the law should be familiar with, be familiar with the judicial interpretation. The excessive "deep" knowledge point this year will not be the market in economic crime. Candidates must of the law (including judicial interpretation) to be familiar with. For class examinee, often "theory" understand ", but because the law is not", and lost points, is very regrettable.

[48] the crime in the criminal law, not the amount and circumstances of the crime is defined (full).

A. smuggled weapons, ammunition;

The crime of smuggling of nuclear material B.;

C. smuggling of counterfeit currency crimes;

D. counterfeiting currency crime;

E. establishes a financial crime;

F. forged, altered financial tickets;

G. making out special invoices for value-added tax, for export rebates, tax invoices;

H. forge, sell forged special invoices for value-added tax crime; 

  

I. the illegal sale of value-added tax invoices crime;

J. illegal purchase special invoices for value-added tax, buy forged special invoices for value-added tax crime.

[49] on the issues identified cases of producing and selling fake or substandard products sales amount, the following statement is correct (full).

A. act of production or buying inferior products, the sale of fake and shoddy products and others signed a contract, the contract shall specify the payment is the amount of sales, regardless of whether it actually recover the money, which is decided by the rapid market transactions and the possibility of the goods;

B. sales of qualified products and selling fake and inferior products amount can not be distinguished, the indivisible amount as the sales amount;

C. and shoddy products did not sell, or the sales amount has not reached 50000 yuan, can not be identified as the crime of attempted offense but not guilty.

D. repeated production, sales and shoddy products, untreated, the sales amount or value of goods and shoddy products accumulated;

E. sales amount than the illegal income, illegal income is all producers, sellers production, selling fake and inferior products without deducting cost, tax income, deserve. The illegal income is the amount of profit.

[50] of the following errors is (C).

A. directly to the "Clenbuterol" for pigs or deliberately sales "Clenbuterol" pork, according to the production, selling poisonous, harmful food crime; slaughter behavior is a behavior of production, if the actor is "Clenbuterol" pig slaughtering and provide service, also to the offenses.

B. to kill specific people and deliberately to sell toxic, harmful food, constituted the crime of intentional homicide; to cause or majority not specific injuries, death and production and sale of toxic, harmful food poisoning, constitute a crime.

C. production, sales of medicines of inferior quality, enough to cause serious harm to human health, the establishment of this crime. [results] error, offense

D. production and sales do not meet the health standards of food, while the incorporation of toxic, harmful non food raw materials, constitute the imaginative joinder of offenses, the heavier one.

[51] on the crimes of smuggling, which of the following errors is (D).

A. smuggled scrapped or unable to assemble all kinds of ammunition and the use of the warhead, shell, with smuggling ordinary goods, convicted of a crime; the identification of the relevant technical departments of the state for waste, waste to smuggling crime.

The object B. smuggling of counterfeit currency crimes is the counterfeit money. The counterfeit currency does not include altered currency.

C. control tool, the simulation gun smuggling act doesn't constitute the smuggling of weapons and ammunition, to investigate the criminal liability, with smuggling ordinary goods, crime;

D. crime of smuggling cultural relics and the crime of smuggling precious metals: only prohibits the export, not banned. If the cultural relics and precious metals from abroad smuggled to China, innocent. [error: the establishment of smuggling ordinary goods, crime]

E. smuggling obscene articles in the domestic sales, the subsequent behavior belongs to smuggling, only constitute a crime of smuggling pornographic articles, no longer constitute the crime of selling pornographic articles.

F. customs officers taking bribes and indulge in smuggling, should be based on bribery and conniving smuggling crimes.

G. armed with shields smuggling, smuggling ordinary goods, the crime shall be given a heavier punishment. Using violence, threats to resist the anti smuggling, constitute a crime of smuggling and the crime of obstruction of official business, the combined punishment for several crimes. Here the armed smuggling, limited to carry weapons smuggling activities, without requiring the behavior of human reality use of weapons, if the use of weapons to kill, injure the anti smuggling officers, should be in the crime of smuggling and the crime of intentional homicide, intentionally injuring crimes.

[52] about prejudice to the company, enterprise management order crime, which of the following errors is (E).

A. bribery and bribery of non national staff "seek interests for others", including the legitimate interests;

B. for the non national staff bribery and bribery crime are required "to seek illegitimate interests";

C. company staff (non state staff) is not directly use my authority, convenience but use my authority or status of the formation of third people, the requesting person seek interest, please accept the trustee's property (mediate bribery), not to set up the crime of accepting bribes personnel work home non country. [not taking advantage of the convenience of the explanation for the job or position on the use of indirect] 

  

D. in economic activities, in violation of state regulations, to state functionaries in kickbacks, fee, constitute bribery; but to give the company the enterprise or other unit with various nominal fee, not criminal law provisions can be established for non national staff bribery crime.

E. Mo Xiaobei of Huashan martial arts tourism company (State-Owned Company) general manager, Mo Xiaobei to obtain improper benefits, colluding with Li Dazui, pretending to conclude a contract for the sale of state-owned property Tomatoes on sticks out 1000000 yuan, Mo Xiaobei signed the contract form, dereliction of duty crime of dereliction of duty [seemingly cheated cheated, it is corrupt, decide the crime of corruption]

[53] on the currency crime, the following statement is correct (full).

A. Guo Furong see Mo Xiaobei 1000000 yuan, he said to Mo Xiaobei: "Tomatoes on sticks 1000000 yuan to buy 10 years of eating, I have here 20000000 yuan counterfeit money, if you use 1000000 yuan with me, you can not eat the life Tomatoes on sticks to worry about" Mo Xiaobei will get 1000000 yuan 20000000 Yuan counterfeit currency exchange and Guo Furong, then know home a look, turned out to be 20000000 yuan mingbi. Guo Furong fraud, buy counterfeit party Mr Beckham innocence [sell: refers to the transfer of knowledge, if the other side is counterfeit, or using counterfeit money (fraud). The sale of the way both in real money in exchange for counterfeit money, also includes real return for counterfeit money. ]

B. Lu scholar is the staff of financial institutions, with 100 pieces of counterfeit $100 par value for 10000 true currency composition of financial staff, to buy counterfeit counterfeit money in exchange for currency crime; 1000 yuan counterfeit money for the 200000 real coin, decide the crime of corruption. Correct.

C. will buy goods, counterfeit currency exchange to another currency, in the bank, a gift to others, will pay a fine or penalty, counterfeit money for the counterfeit money for gambling, the counterfeit money delivered to the unsuspecting people, put to use false coin vending machine in order to obtain the goods, counterfeit currency payment will cost to buy drugs, prostitution, pay into use the crime of smuggling counterfeit money

D. Lu Xiucai system designed by skilled craftsmen, false money making a face value of 200 yuan, the country generally assumed that new money. In this case, there is no real currency and counterfeit currency equivalent, also forged. Forgery refers to the manufacturing appearance enough to make most people mistakenly think that is false money behavior. [Abstract: no specific forgery and counterfeiting currency right person the copy of a real coin appearance similar to a real coin money making. According to the corresponding counterfeit forgery (implementation specific forgery), no fake corresponding counterfeit implementation (Abstract forged) is the act of perpetrating. ]

E. counterfeiting after sale, possession, use, transport, with the conviction of counterfeiting currency crime punishment, the behavior is considered as the plot.

F. counterfeit money in the color slightly and real difference, but enough to make people produce misidentification, should set up a counterfeiting currency crime. If a simulation is very low, according to the general people's attention will not be seen as a real coin, which belongs to the attempted.

G. will counterfeit currency used in vending machines, constitute the crime of using counterfeit money and theft of the imaginative joinder of offenses.

[54] on the crime of financial fraud, which of the following errors is (AH).

A. insurance fraud could only sentenced to 15 years in prison. But this time caused by the unjust situation can return will be fraud, apply to higher legal punishment. [error. The relationship between special terms and general terms, not from a heavy application of the principle of statutory punishment. If the amount is especially huge, be punished according to the crime of contract fraud, the highest life imprisonment. ]

B. criminal law doesn't stipulate the unit can become the subject of crime of loan fraud, credit card fraud, and securities fraud, but the unit in this crime more, for the above cases, although not directly shall be investigated for criminal responsibility in the unit itself, but the principal personnel directly in charge of it and other directly responsible personnel should be based on the loan fraud shall be prosecuted for criminal responsibility.

C. provisions for the death penalty crimes of financial fraud legal punishment of the crime of fraud, the bills defraud crime, crime of financial certificate fraud, crime of fraud on letter of credit.

D. fraud and fraud crime of issuing stock, bond, the crime of illegal absorbing public deposits in the objective were displayed to the public funds illegally raised. The key difference is whether the actor has the purpose of illegal possession. For the purpose of illegal possession and illegal fund-raising, or in the illegal fund-raising is generated in the process of intentional illegal possession of funds, have constituted the crime of fraud.

E. behavior both forgery, and use, form forge financial coupons crime (177th) and bill fraud, a heavier punishment.

F. invalid bill behavior, including the rights of indigenous people, also includes other people.

G. counterfeit credit cards and use, also violated the forge financial coupons crime (177th) and credit card fraud, should be a felony processing. Exactly the same legal punishment in the circumstances, should decide the crime of credit card fraud. False proof of identity getting credit card and use, and breaking the hindrance credit card management crime (177th) and credit card fraud, a heavier punishment.

H. behavior in an insurance scam, and set fire to have insured housing, thus defrauding insurance, set fire to the crime of insurance fraud is that 

  

[55] the ATM card department found a credit card, is aware of the he * * * after not taken out, try to search key, found that there are twenty-seven thousand yuan. A total of three times to take money, took out 4000 yuan. In order to card all the money in the machine occupies, the password is changed into "000000" after the card is removed, and later in the shopping card to withdraw 200 yuan. On the afternoon of the same day, a worried about a long time, Cary's money will not come out, the bank will be twenty-three thousand yuan to pick up the cards in the money into their own peony Moneylink card. Later she was arrested. How can a punishment?

[conviction simply to get a credit card can not act, should be evaluated is the subsequent behavior. The machine can not be deceived, so the behavior of people in the ATM to take money not fraud behavior. To get a credit card to get the key to the door, withdraw cash at ATMs, equivalent to enter the house belongs to the theft, theft. Picking up credit card, the bank staff mistakenly believe that is the master credit card or consent, constitute fraud, this case belongs to the tripartite fraud. ]

[56] on the tax crime, which of the following errors is (D).

A. taxpayers pay tax, using false export reports or other fraudulent means, defrauding the tax payment, the tax evasion conviction and punishment; tax claim more than pay, in accordance with the export tax rebate fraud conviction and punishment.

B. has the right to operate import and export company, enterprise, knowing that others will defrauding export tax refund, still in violation of the provisions of relevant state to import and export business, allowing others to take customers, commodities, with the draft and self declaration, defrauding export tax refund in accordance with defrauding export tax rebates, conviction and punishment.

C. tax officers and taxpayers collusion, joint implementation of tax evasion, and if the circumstances are serious, shall be punished as an accomplice to tax evasion, he shall be given a heavier punishment, rather than as the crime of corruption.

D. forge, sell forged special invoices for value-added tax crime of "fake" does not include altered.

E. the illegal sale of special invoices for VAT invoice crime must be real value-added tax invoices.

F. illegal purchase special invoices for value-added tax or purchases forged special invoices for value-added tax invoices or sold again, respectively. The crime of forging VAT receipts, sells forged special invoices for value-added tax or the crime of illegal sale of special VAT invoices

G. theft of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, the act of theft;

H. uses deception of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, will be fraud

I. implementation of export tax rebate fraud crime, and constitute the crime of falsely making out special invoices for value-added tax and other crime, in accordance with the provisions of criminal punishment heavier punishment.

[57] on the intellectual property crime, the following statement is correct (CDEFG).

A. crime of Infringing Commercial Secrets disclosure refers to the commercial secret reveal to the public behavior, must have openly sex. [also includes told human rights competition behavior. Disclosure is not required to have openly, disclosure to specific people, specific person not to disclose, are disclosed. ]

B. infringement of commercial secrets, no major damage, the establishment of the attempted crime. [error], innocent

C. implementation of the crime of infringing trade secrets and committing crime of illegally obtaining state secrets, deliberately leaking state secrets, which belongs to the imaginative joinder of offenses, a heavier punishment.

All charges D. violations of intellectual property crimes, units can constitute.

E. implementation of article 213rd of the criminal law crime of counterfeiting * * *, * * * and selling the counterfeit goods, which constitutes a crime, shall be in accordance with the provisions of article 213rd of the criminal law, to be punished for the crime of counterfeiting * * *

F. implementation of article 213rd of the criminal law crime of counterfeiting * * *, and knowingly selling counterfeit goods of others * * *, which constitutes a crime, shall be subject to punishment

Crime of selling fake goods G. * * * also violate the sale of fake or substandard products, because the actors just a sales behavior, so the establishment of a behavior violates several charges of the imaginative joinder of offenses, from a felony punishable

[58] of the following errors is (D).

The implementation of A. signed contracts of insurance, set the crime of insurance fraud; compared with the crime of fraud, crime of contract fraud is the special law; behavior person after signing the contract, delivery and shoddy goods, on the principle of the determination of the production and selling fake or substandard products.

B. is clearly forged train tickets and reselling, composed of reselling the counterfeit valuable tickets crime;

C. alters or reselling altered stamps of large amount, constitute counterfeiting, reselling the counterfeit valuable tickets crime; 

  

D. government agencies to implement the industry monopoly, restrict others to buy the goods for operators, constitute the crime of forced transaction [error, without the use of violence, coercion, does not constitute a crime]

Tenth speaking of obstructing the administration of public order crime

"The test of prediction

1 master degree: skilled + part of the test sites "deepening", compared with the previous, the master degree requirements are slightly more;

The qualification of the 2 obstruction of official crime: the abstract dangerous crime

3 gambling crime, judicial order crime, drug criminals and other crime is not very important and important distinction, the examinee should comprehensively grasp the relationship between the crime of the crime and crime.

[59] about the crime of obstruction of official business, the following statement is correct (full).

A. a to see friends B and C fight, came to the C up badly, in fact C plainclothes police, are catching the B. A not intentional crime of obstruction of official business, deliberately only the crime of intentional injury, so as the crime of intentional injury.

B. Zhuwushuang mistook Yan Xiaoliu to kill white Zhantang, will Yan Xiaoliu down to the ground, in fact Yan Xiaoliu is a plainclothes police, are pursuing a white Zhantang. Zhuwushuang belongs to the imaginary defense, because there is no negligence, so innocent. [official action is legal and of course should be to implement the duty behavior for the benchmark to judge, that is specific to the situation when the behavior as the basis for objective judgment, rather than purely objective judgment in the post. ]

C. obstruction of official crime of violence includes only to minor injuries, not including the injured. Behavior person if intentionally causing serious injury or intentional killing of executives, to the crime of intentional injury, intentional killing crime.

D. obstruction of official crime of violence includes violence to the property.

E. obstruction of official crime is the abstract dangerous crime, no real harm results to the execution of business, also do not need to cause bodily injury degree of civil servants.

F. implementation of producing and selling fake or substandard products, smuggling, illegal hunting, killing of rare, endangered wild animal sin (341st), the crime of illegal business operation, at the same time committing the crime of obstruction of official business, the combined punishment for several crimes.

G. implementation of drug smuggling (347th), organize people to secretly cross the national boundary (border) exit (318th), transport people to secretly cross the national boundary (border) environmental crime (321st), while committing the crime of obstruction of official business, according to the three kinds of crime, and aggravated punishment, no longer set the crime of obstruction of official business.

[60] on the crime of try every trick to mislead the public, which of the following errors is (A).

A. try every trick to mislead the public as crime, including state-owned enterprises, institutions, such as the state-owned enterprise leadership, University, including posing as juniors of high-ranking officials, the martyrs of their children, war hero model of try every trick to mislead the public behavior. [error. Posing as a state functionary]

B. posing as soldiers try every trick to mislead the public, be posing as soldiers try every trick to mislead the public crime

C. posing as police try every trick to mislead the public, be posing as soldiers try every trick to mislead the public crime

D. a to obtain property, posing as police officers to arrest gamblers, gamblers are required to hand over money, set up the crime of fraud.

[61] the crime about national documents, seals, certificates of credit, the following statement is correct (full).

A. sells forged, altered official documents, certificates, seals behavior, set up the sale of official documents, certificates, seals.

B. a party selling the civil judgment, does not constitute the crime of buying and selling of official documents.

C. forged, altered, the sale of organs of state documents, certificates, seals, and the official documents, certificates, seals the implementation of other crimes, from a felony offense, not a combined punishment for several crimes.

D. theft, robbery armed forces official documents, certificates or seals, the establishment of theft, robbery of the armed forces, documents, official seals. But the official documents, certificates, seals the destruction of the armed forces, the establishment of the destruction of official documents, certificates, seals.

E. is clearly bogus colleges seal making education, degree certificate and trafficking, forgery institutions seal shall be punished as an accomplice in the crime.

F. criminal law does not punish the purchase of resident identity card of the behavior, and provide photos, prepaid cash only purchases forged identity card indispensable behavior, in other words, photos and cash in advance, not beyond the purchasing forged identity cards act range, so, should not be regarded as crime. 

  

[62] about crime, the following statement is correct (full).

A. buy guns, ammunition, illegal possession, possession of a firearm, and use of these weapons of affray, should be punished; after the fight, the loser as "trophies" seizure, the affray and crime of illegal detention punishment.

B. affray agonistic behavior must have the relative nature, if not the behavior of fighting, do not set up this crime, and the establishment of the crime or the crime of intentional injury

C. established the crime of affray although need more people to participate in, but is not required to fight both sides must be more than three people (not required for compliance). For example, more than one party, the other party two people three people fight, still set up this crime

D. for behavior fights help potential general, should not be regarded as the crime of affray. But the affray gang members, to make the Party victory, although did not participate in the fighting, but at the scene to help potential, the party members to provide spiritual support, the identification system.

[63] the crime of the underworld, which of the following errors is (D).

A. organization and leadership in the underworld property organization and other criminal acts, shall be punished in accordance with the provisions of graft.

Regulation of B. entry to the crime of underworld society organization "the development of organizational members", refers to the domestic, abroad absorption for the underworld organization members behavior. The black social organization members of the interior modulation behavior, can be regarded as "development organization".

C. for the underworld organization's organizer, leader, should according to all the crimes punished the organization, the leadership of the organization with underworld society nature made; the underworld property organization participants, should be in accordance with the participation of criminal punishment.

In the underworld property organization D. staff of state organs, organizations, leadership, aggravated punishment. [error. He shall be given a heavier punishment]

E. staff of state organs in the implementation of accepting bribes, shield, connive the organized crimes, it should be combined punishment; the staff of state organs to cover, condone Mafia, and stealing, spying, deliberately leaking state secrets, crime and punishment;

[64] about gambling crime, the following statement is correct (full).

A. induced gambling behaviors should take gambling crime; as in the gambling process uses fraudulent means to win others' Property Act (commonly known as "gambling scam") should be with punish of crime of fraud. To set up gambling trap lured others to gamble again to ask for money from people to violence or threats of violence, the establishment of the crime of robbery (conversion).

B. is not approved by the state to issue any * * *, which constitutes a crime, the crime of illegal business operation set

C. gambling is often gambling crime.

D. of the people's Republic of China citizens gathered in China in the field of peripheral area, the casino gambling, in order to attract citizen of the people's Republic of China as the main source, constitute the crime of gambling, may be prosecuted for criminal responsibility according to law.

E. for the purpose of profit, establish gambling sites in a computer network, or gambling sites served as acting, accept betting, gambling and belongs to the criminal law 303rd stipulation "".

F. through the gambling or gambling for national staff provide funds for implementation in the form of bribery, bribery, which constitutes a crime, in accordance with the provisions of the criminal law on the crime of bribery conviction and punishment.

[65] of the following errors is (BDE).

The subject of the crime of perjury crime is A. witnesses, appraisers, recording, translation, can only occur in criminal proceedings.

B. defender, agent ad litem fabricating evidence, destruction of evidence, the main obstruction of witnessing the only defender, agent ad litem, can occur in any proceedings [error. Criminal action.

The judicial staff C. guilty of obstruction of witnessing the, shall be given a heavier punishment

D. functionaries of a state organ committed to help destroy or falsify evidence, crime, shall be given a heavier punishment [wrong], the judicial personnel

The main E. torture to extract confessions crime is the staff of state organs [wrong], the judicial personnel

The main F. take revenge witnesses is anyone

G. state functionaries commits crime of false accusation, he shall be given a heavier punishment.

H. crime can only occur in the process of criminal proceedings.

[66] the crime on evidence, which of the following errors is (E).

A. perjury crime must be from the public security organ for investigation, the procuratorial organs prosecution, the people's Court of second instance a, the decision process. Fabricating crimes in the case before, resulting in criminal procedure error starting, constitute the crime of false accusation. 

  

B. in the case of private prosecution, the defendant can counsel, always hire an agent ad litem, since the plaintiff prosecution when, can set up the defenders and agents ad litem, destruction of evidence, false evidence, prejudice to testify the crime; in the case of public prosecution, since transferred for examination before prosecution, may establish a counsel, litigation agent of destruction of evidence, forged the evidence, the crime of obstruction of evidence; but in the stage of investigation, the suspect may be the assistance of lawyers, lawyers in this stage may establish a defender to destroy evidence, false evidence, prejudice to testify the crime.

C. in the criminal procedure, the defenders and agents ad litem, threatening to lure, instigate, a witness to give false testimony, the establishment of the defenders and agents ad litem, obstruction of witnessing (overlap of articles of law), however, the defender, agent ad litem to outside the criminal witness people (such as translation, expert) to commit perjury, it should be the crime of obstruction of evidence.

D. A and B are common implementation of intentional homicide, B was arrested, a B using weapon throw into the river, a does not constitute the crime of fabricating evidence to help destroy, [in the complicity of occasions, accomplice to destroy evidence behavior often both accomplice to the interests of both sides, evidence is common, at this time, should acknowledge the lack of the expected the possibility, not set up this crime]

E. take revenge witnesses include criminal human relatives [error]

[67] the crime on judicial order, which of the following errors is (D).

A. to cover up the crime of "crime" includes the real crime, and because there are highly suspect was searched, the prosecutor. Crime is not the judiciary found, but it is the real crime, also belongs to the crime person. The crime is not here the crime person.

B. about the relationship between the crime of shielding and perjury: witness identity, has an important relationship with the case of the plot of false statements to the suspect, the defendant, criminal, constitute perjury, did not constitute the crime of shielding; have a witness, but only to have an important relationship with the facts of the case are conducive to the false statements in this crime, does not constitute a crime of perjury, shall have necessary, can be set to cover up the crime; do not have a witness, false witness false statement has an important relationship with the case of the plot, constitute the crime of shielding, instead of perjury.

C. about the crime of harboring a criminal, crime of shielding to, knowing each other is the real criminals, and to conceal, the harbor, to conceal, shielding is set; each other just have some suspected of a crime, the judicial authorities began to search, investigation is to.

D. has a staff of state organs prohibit criminal activities, help criminals escape punishment commit perjury; [crime of helping criminals escape punishment]

[68] of the following errors is (BDF).

A. if the behavior of both organizations, and transports the other persons in the border, and transport behavior is organizing people to secretly cross the national boundary (border) part of environmental behavior, is found only to secretly cross the national boundary to others (edge) environmental crime; if delivery is not part of the behavior of organizational behavior, is transported and the organizers do not have the same sex, should be convicted separately, and combined punishment for several crimes.

B. the other persons in the border, killing, rape, trafficking and other damage, criminal acts to the organization, or has committed the crime of killing, injuring the inspectors, a heavier punishment. [error], the combined punishment for several crimes

C. to fire, explosion, by methods such as water intentional destruction of cultural relics, also harm the public safety, constitute a deliberate destruction of relics crime and set on fire, explosion, crime will water the imaginative joinder of offenses, from a felony; the cultural relics segmentation using physical force, and then steal, commit intentional destroy cultural relics and the crime of theft, from the heavier one.

D. violates the regulations of the protection of cultural relics, the National prohibition and restrictions on the export of precious cultural relics to sell or to give foreigners, illegal sale, donation of precious relics crime [errors to the foreigners, "no limit"]

E. in the process of cultural relics to foreigners in the precious cultural relics, and part of the state to prohibit the export of gifts to the same object, cultural relics and the crime of illegally giving precious cultural relics to foreigners for crime.

F. robbing ancient cultural ruins, ancient tomb robbing crime [error] requirements of the secret

[69] the crime on public health, the following statement is correct (full).

A. has the qualification but no medical practice license (or licensed) people, the subject can become the crime of illegal medical practice

B. patients dying, not only accelerated the illegal practice of medicine treatment, patients with death, should not be considered "illegal medical doctor who caused the death", can only be regarded as "illegal if the circumstances are serious, the basic legal punishment for"

C. was invited to remote Zuozhen in practice some three hospital doctors, even invited agencies do not have the practice license of medical institution, the doctors do not constitute the crime of illegal medical practice.

D. illegal blood selling, causing injury to another person, in accordance with the intentional injury crime. The damage here includes only the injured 

  

[70] on drug crime, the following statement is correct (full).

A. a intentionally flour is heroin to B, a to set up fraud;

Staff B. smuggling personnel or other state organs, cover shields offenders engaged in smuggling, trafficking, transporting, manufacturing of narcotic drugs, in accordance with the crime of harboring criminal of narcotic drugs shall be given a heavier punishment.

C. if the staff smuggling personnel or other state organs is taking advantage of his position, implement cover, cover up, so that the drug criminals escape for criminal punishment, shall be play favouritism and commit irregularities crime

D. harboring criminals instead of harboring drug, punishment to two crimes, shall be deemed to be harboring drug criminals

[71] the following statement is correct (full).

A. rape came into being after the forced prostitution and forced prostitution is intention, which constitute the crime of rape and forced prostitution crime, punishment.

B. can lure, and shelter, the prostitution of girl, should be identified as to lure young girls prostitution and shelter, the prostitution crime, a combined punishment for several crimes

C. intent to harm others through prostitution, whoring, make the other side contracted a serious disease, should be the crime of intentional injury crime

The D. behavior after the implementation of lure of prostitution, did not succeed and forced to act is compulsive behavior, absorbed, only constitutes forced prostitution;

E. compulsive abetting the rape of women, and then on the grounds of master women forced prostitution of privacy, which forced prostitution and rape crimes.

F. forcing, lure, receiving a few prostitution call, and gradually develop into prostitution organization, should be to force, induce, prostitution and crime of the crime of organizing prostitution punishment.

Eleventh about the crime of endangering public safety

"The test of prediction

The 1 chapter is the biggest characteristic: in addition to traditional test points, more fresh point out, want the candidates pay attention.

2 remind candidates note a "partial" charges: compel illegal adventure homework major accident crime

[72] on the arson, the following statement is correct (full).

A. fire acts are acts of endangering public security, may cause a variety of results. The perpetrators of a fire behavior in a fire deliberately domination, cause many results can only be regarded as a crime of arson. However, the perpetrators have other criminal behavior in order to destroy evidence and arson, or to cheat insurance gold and set on fire and has already begun to defraud insurance money, should be combined punishment for several crimes.

B. means to set fire to kill, not to endanger public security, shall be punished by the crime of intentional homicide; harm the public safety, from the most serious crime.

C. to set fire to mean entering and set them on fire, a heavier punishment.

D. arson crime accomplished offense standard is independent burning said: set fire to the object after the fire, the fire or kindling the evacuation or extinguish, object to the independent combustion state is accomplished

[73] of the following errors is (C).

A. driving in the downtown lots of arbitrary collision constitute the crime of endangering public safety

B. private pull grid endangering public safety with dangerous means to endanger public security crime

C. crime of destruction of means of transport can only be constituted by Act [error: not as can be. Such as maintenance personnel found fault deliberately not excluded; brake failure does not repair, not deliberately switch fork. ]

D. will be dangerous, explosive items into the aircraft, but has not the hijacked aircraft of the objective, can set up the crime of sabotaging means of transportation.

E. theft, snatch firearms, ammunition, explosives, which belongs to the abstract dangerous crime. Theft, robbery of dangerous substances, which belongs to the concrete dangerous crime.

F. is clearly to others the proceeds of crime guns, ammunition and illegal possession, possession of illegal possession, possession of a firearm, constitute a crime and to conceal, conceal the proceeds of crime, the proceeds of crime, from the heavier one 

  

G. knows the rent, borrow gun owners in order to implement a crime and hire, use guns, still lease, lend, lease, the use of guns for the crime.

H. is equipped with guns for the discharge of official duties according to law, the illegal lease, lend the guns, knowing that the lender, the lessor has forced loss without timely report, causing serious consequences, at the same time, a branch of illegal rental gun crime and crime of losing firearms without report, but only the former.

[74] on the crime of causing traffic casualties, according to the judicial interpretation, the following statement is correct (BCD).

A. a drink every day Laobaigan two two again on the road, as long as 10 years without incident, one day, a drank 2 Laobaigan two, but a road into Tiananmen, a crime of causing traffic casualties [traffic accident results must be caused by violation of protective purpose norm behavior. In other words, although the act of violation of the traffic regulations, also occurred in the results, but the results occurred beyond the protective purpose norm, also not be identified as the. For example, the traffic and transportation laws against drunk driving purpose, in order to prevent the driver because of drinking and driving ability decline or loss of causing traffic accidents. If the drunk driving has not led to deterioration or loss of driving ability, but because of the vehicle to the driver cannot predict the brake failure caused the traffic accident, the driver could not with traffic accident crime. For example, it is forbidden to drive the vehicle without inspection, in order to prevent traffic accidents caused by the failure of the vehicle. If the behavioral person driving without the annual inspection of vehicles, but the car has no fault, but because the victim across the highway traffic accidents caused by the behavior, also not with traffic accident crime. ]

The B. behavior after the traffic accident escaping a no, looking at the victim's death, call the traffic control department said his butt out, no escape from legal action, so do not constitute a "death caused by escape"

The C. behavior after the traffic accident, the victim has died in order to conceal thought, Zuiji, will the victim into the rivers, causing the victim drowned after, should be defined as the behavior of the crime of negligence causing death; if the former acts constitute the crime of traffic accident, it should be combined punishment for several crimes.

D. after the traffic accident, person in charge, the motor vehicle owner, contractor or passengers who ordered the perpetrators escape, causing the victims died because they were unable to rescue, shall be punished as an accomplice to the crime of causing traffic casualties." [to] shall be convicted of the crime of harboring

Eleventh say the crime of property violation

"The test of prediction

The 1 point forecasting focus on grasping the "individual and special" test, not as "blanket type test method", but to remind candidates note: (1) remains the property crime priority among priorities, compared with the previous chapter, "depth" rather than "understanding". (2) in order to reflect the more sites in a few problems, a lot of problems is not the case, but the use of "test" form, please be sure to grasp the "essence", the flexible use of. (3) in 2009, this chapter title would not be "partial, strange, difficult", however, will have some questions and 07, 08 years of examination questions of different styles.

2 Tips for candidates to the crime of embezzlement focus: change occupy illegal trust view.

3 common ownership problem

4 money fraud

To distinguish between the 5 vandalism and theft

[75] about the crime of embezzlement, the following statement is correct (BC).

A. a taxi to go home, get off the luggage when the mobile phone from his pocket, accidentally slipped, driver B from the mirror in a mobile phone will be lost in the back seat, not quiet. A baggage door after, left 2 meters, suddenly remind of mobile phone may fall in the car, turned back, found the driver B has quickly drove away from the scene, B constituted the crime of embezzlement. [error. Larceny.

B. accused of a in their business of prostitution and prostitution, Cao agreed, a gold for Cao custody Biaozi, Kim from Cao somewhere half charged piaozi, but later a use of their own advantages, not to the half Cao delivery Biaozi, Kim constituted the crime of embezzlement. Correct. Illegal trust can be established by object. This is the view of Professor Zhou Guangquan]

C. is a company engaged in its business for smuggling money from company B, a "a con within a con", the establishment of embezzlement [right]

D. will own paintings lent B ornamental, when a request for B, B that the painting had been lost, b set up fraud [wrong], embezzlement

[76] about the robbery, the following statement is correct (HKL). 

  

A. robbery violence is violence, not including the physical violence. [error. The violence of robbery can also be on the physical violence, but not necessarily to violence, such as the destruction of property or steal the "looting" process, violence can be on physical violence. ]

The B. behavior of a and B of a has been urging people to drink, drink, be completely drunken B, a has deliberately take the money, take B wallet, a use of violence in the previous, constitute the crime of robbery [error. The intent to seize property of urging people to drink before, only constitute theft]

C. behavior in order to obtain others' mobile phone, the mobile phone will be drunk after stealing, because drink, not violence, so do not constitute robbery, and theft [wrong], belonging to the other methods

D. a to B the use of violence, to find B penniless, will follow the property B 20 miles home, because the robbery requirements "on the spot", so the case does not constitute a robbery, kidnapping. [error. Not on the spot to do narrow understanding]

E. F followed G into a lonely woman, holding a toy gun threat to hand over all the property on G. G struggled to break loose and runs away, in this process, the G wallet dropped on the ground, G unaware. Catch up F picked up the wallet to leave the scene. The F should be identified as the robbery and theft [error, note, Professor Zhou Guangquan thinks that it is occupied than theft, belonging to the forgotten things. ]

The F. behavior of methyl to rape to the B to B implementation of violence, unable to resist, a sudden illegal money purposes, then obtain the B purse behavior using the previous violence is violence, and to get money, set up the robbery. [error. The two evaluation of a means of behavior, can only be regarded as crime of theft] (open)

G. a to rob intentionally into B home, found nobody at home, getting the property, B suddenly home, a in order to obtain property violence against B, and retain the property, which later transformed robbery. [error, mutation of robbery, not applicable 269]

H. in the flying plane robbery, constitute a "robbery" on public transport and violent crime of endangering safety of flight of the imaginative joinder of offenses, the heavier one. Correct.

The I. behavior of a robbery, met his enemy B, meal from here, will b kill, because the robbery to the death of people including intentional homicide, so for a only a robbery can, without and murder crimes [error, the aggregated consequential offense includes only to on the spot take the money and kill the victim, not included in the robbery homicide] opportunity

The J. behavior of a robbery, for to kill intentionally from here, will b kill, because the robbery to the death of people including intentional homicide, so for a only a robbery can, without and murder crimes [error]

K. acts on B robbery, violence has been a scared heart attack and death belongs to the robbery causing death, aggravated punishment. Correct.

L. police posing as police, rob to suppress smuggling nominal, belonging to the fake police robbery [right, the police posing as another police belongs to this paragraph connotation]

[77] on the crime of larceny, the following statement is correct (B).

A. A woke up, found the thief B into his room to steal, but A as timid as a mouse, that B looks tall and strong, brutal, and thought of his home without too much valuable property, will fall into a deep sleep, go out in B, A and cried with a loud voice, B act constitutes a crime. [error], open theft

B. A and B, C, D Co - operation orchard, a trust management of orchard, a Orchard Fruits all off betrayed and absconded with the money of the act of theft, not the crime of embezzlement. [share the problem correctly, joint custody of property, the number of occasions, one of them without the consent of others is the common possession for one, constitute the crime of theft]

Decoration ancestral houses C. a hire B to B found a house wall, a large quantity of gold, the gold line a ancestors spread, a fact that does not know gold bars in the wall, so a pair of gold is not the meaning of possession and fact, B the possession has some behavior belongs to occupy (lost) crime. [error. The meaning of possession is a general, abstract meaning]

D. a taxi, the mobile phone forget in a taxi, the driver was not aware of, C passengers later found after the mobile phone. Because a has property lost, so impossible to possess the property of a mobile phone, it is forgotten; because the driver has not been aware of the existence of mobile phone, so the driver is not the meaning of possession, possession of mobile phone will not be the driver, so C behavior can only be set by (forgotten) crime [error, alternation problem of possession, the establishment of possession of new, as long as there is a generalization of the meaning of the driver can]

E. theft to the property, the property as collateral, the economic contract is signed with others, diddle property, because the larceny belongs to status crime, the behavior is behavior should not be punished afterwards, only the crime of theft, no longer identify contract fraud [error, violation of the new law] 

  

F. nail on the train lost a ring, ring B found after the take forcible possession of, when a request to find whether there is broad passenger side ring, no answer. Even if the ring for a belongs to forget things, but according to the possession of the alternate theory, the ring also to the attendant possession, so B acts constitute the crime of theft, embezzlement crime and non [error. Possession of the alternate application dominance situations, such as in the bank made the property of others constitute theft, but on the train and get off very frequently, the conductor of controlling property is weak, has not admitted to train attendant. So the case constitutes a crime]

[78] about the robbery, the following statement is correct (BC).

A. taxi driver a see the passenger car waiting for the B opened the trunk door luggage, suddenly gets the property of others thought, suddenly drove away a property, the act constitutes a crime. [error, theft, open theft, this is the view of Professor Zhou Guangquan]

B. a pretend to buy gold jewelry shop, the waiter B when the gold ring to B ornamental, a suddenly picked up the ring ran, B shout stop thief. A act of theft. Correct. Open theft]

C. a robbery victim B wear a gold necklace, B to seize a coat, a run speed too fast, will b bring down, B's head happen on a stone, a behavior constitutes a crime and the crime of negligence causing death of the imaginative joinder of offenses, the heavier one. Correct.

D. a carrying automatic rifles plastic appearance is extremely realistic simulation of grab, judging from the "dangerous" behavior, in this case because most people will agree that the gun is real, so a constitute the crime of robbery. [error, after the judgment weapon lethality of. ]

E. a motorcycle speed to snatch the victim B backpack, backpack B hold not to put, a with B forward about 100 meters, B is intolerable, loosen the hand, according to the judicial interpretation, a behavior constitutes a crime [error. Have to robbery, on human violence]

[79] on the crime of fraud, the following statement is correct (AC).

A. a less 400000 of B, a will return the money after they get cancer death, a death, a wife, not a have returned, we proposed to repay arrears B, B did not utter a word, a wife will also B 400000 yuan. A behavior constitutes fraud [right. Fraud is not as]

B. a purchase of furniture, due to computational salesman mistakes, for a 10000 yuan, a no tongue, constitute a crime of fraud [error, "money fraud" although with elements of fraud, but the salesman's fault first, should not be regarded as the crime of fraud (Zhou Guangquan)]

C. litigation fraud should be identified as fraud;

D. a disguised as customers to buy gold and silver jewelry, the salesman lied to another customer needs the salesperson to help, to leave after the gold necklace into her bosom away, constitute fraud [error. Larceny.

[80] the following statement is correct (BCD).

A. gambling debts Otsuichi million a less, B claimed that if a do not pay, will be a whoring facts known, methyl delivery debts from fear, B's acts constitute crime of blackmail and impose exactions on; [error, do not constitute, claims can be illegal]

B. gambling debts Otsuichi million a less, B claimed that if a no one million (990000 interest), find the underworld "repair" a, methyl delivery debts from fear, B's acts constitute crime of blackmail and impose exactions on; [right, significantly more than the amount of the claim]

C. Otsuichi million a debt owed, B mustered 10 men carrying guns to debt, claiming that if a not repay, "repair" a, methyl delivery debts from fear, B's acts constitute crime of blackmail and impose exactions on; [right, exercise the right means obvious over a considerable degree]

D. only two "dragon" stamps, a B the stamp theft after tearing up to make their own stamps appreciation acts constitute the crime of intentional destruction of property right [. Zhang Mingkai thinks: the mean; Zhou Guangquan thinks there is no use. The interpretation of the week is: earn more money behavior is still rely on their own hands stamps, instead of destroying property and the realization of economic interests, not load in the damaged property on the body. ]

Twelfth assault crime

"The test of prediction

The qualification of the 1 help potential behavior

2 rape is not personally committed 

  

The 3 kidnapping crime and the crime of illegal detention distinction

The 4 problem of trafficking in women and children, crime commitment

[81] the following statement is correct (ABE).

A. a knowing that their "silly son" B mental abnormalities, and often in excited state, then the powder gun made to B play, hope B shot himself, the B really shot himself, constitute a crime of intentional homicide [right]

B. know that patience degree B is very low, there is Dutch act may be in agony, he deliberately harm a B B, results in pain conditions and Dutch act, constitute a crime of intentional homicide [right, results have a clear understanding of death, intentional injury has not evaluation]

C. Liu Xing (9 year olds) got 18 points after the fake father Xia Donghai signature to the teacher, the East China Sea summer after know fly, while playing Liu Xing said: "I think you are lying", half an hour later, the East China Sea summer found Liu Xing weak breathing, died in hospital after. Xia Donghai constitute intentional injury crime [error (lethal). Mean no harm, if there is negligence causing death] set

D. a publicly knife stabbed his wife B, a group of people to watch, with no one to help, including C look really impatient, they shouted: "kill it, don't delay time, come on!" A listen to it will b to C, constitute the crime of intentional homicide offenders who help. [error, our country does not help potential crime scene]

E. A and B in public brawl, a group of people to watch, with no one to help them fight, both sides together, C look really impatient, then to a shouting: "with the legs don't B, and then stabbed by a rib" after listening to guidance according to C as B C death, intentionally homicide offenders who help. [correctly, help potential for specific advice points of attack, which help offender, accessory]

[82] the following statement is correct (A).

A. a will themselves suffering from congenital heart disease in infants B abandoned on the side of the road, constitute the crime of abandonment [only] abstract danger, right

B. a to B to implement rape behavior after the coma, B, B found the wallet with a lot of money, they will take a purse, which constitute the crime of rape and embezzlement crime [wrong], theft

C. a woman of Otome there, then put her husband C B C B in rape, rape afterwards, because B very large force, a wait outside the door impatiently, rushed into the room, will b hold, let her husband rape B, because rape is personally (beast?) Make, so a only constitutes the crime of rape offenders who help, cannot constitute a crime [error, not personally committed rape, violence can constitute the principal]

D. due to rape act with "adultery", so a to revenge to seduce B behavior does not constitute the crime of rape, but may constitute the crime of insulting, coercive indecency insulting women sin or the crime of intentional injury [wrong], does not require the rape to rape

[83] the following statement is correct (AFG).

A. a fool does not know the police seized B, constitute the crime of illegal detention of indirect principal [right]

B. bus driver disregarded in the requirements of passengers get off, still running at a high speed, causing passengers jumped out of the car and death, constitute the crime of homicide [error, belongs to the illegal detention of death]

C. the provisions of the criminal law for ransom infant theft convicted as the crime of kidnapping, robbery but no provisions in infants and cable of property, so robbery infants and cable property cannot be set kidnapping [set] error, kidnapping

D. a kidnapping B, send money waiting for the father of B, a has found that 10000 yuan B body, while B does not pay attention to the money, a behavior constitute the crime of kidnapping and robbery [error, constitute theft, otherwise it will be double evaluation of violence]

E. a less 100000 of B, B will be a "kidnapped", to a wife to pay 400000 yuan, otherwise no ransom, ethylene acts constitute the crime of illegal detention [wrong], kidnapping

F. a less 100000 of B, B will be a kidnapped for a wife to have sex, or kill a, B acts constitute the crime of kidnapping [right], has nothing to do with the property interests

G. a kidnapping B after exhaustive means cruelty to B, B as a do not pay attention to, trying to climb the neighbor's balcony to escape, accidentally fell down the stairs, constitute a "causing the death of the hostage" [right, both intention, including negligence] 

  

[84] the following statement is correct (B).

Married women A. a line, but have been dissatisfied with their family poverty, then ask dealers B will own trafficking to the economically developed regions, B really be trafficked to Shanghai, a behavior constitutes the victim's commitment, B is not established trafficking crime [error, Professor Zhou Guangquan thinks that the crime of trafficking in women in addition to infringe upon the freedom, also violated society order]

B. A and B in order to put the dove deliberately want to B to D, but do not know Ding, we find the C, tell C said to B to D, want to go from, in the C's help, a successful will b to D, a to C 5000 yuan intermediary costs. That night, B escape, this case C [right]

C. private enterprise advocate a hired thugs to migrant workers with fetters to prevent workers run and forced labor, as the crime of forced labor [error. The crime of illegal detention]

D. a A son of killing the second son B, A which were sentenced to death, a vindictive will aim to A's ashes buried in B new but not in the room, the act constitutes a crime of housebreaking [error, may set up the crime of intentional destruction of property]

E. residential security a discover the thief B after their capture, torture, constitute a crime of torture to extract confessions [error, the crime of intentional injury, is not the main grid: the judicial staff]

F. child abduction abduction of children after the restriction of personal freedom, the establishment of the crime of illegal detention [error, child abduction is continuing]

Thirteenth speaking of corruption and bribery

"The test of prediction

1 "occupation" rectification

2 "trust" and the legal fiction

The qualification of the 3 "unfair interests"

The qualification of the 4 "duty behavior association"

[85] the following statement is correct (ABC).

A. A State-Owned Company staff a, with significantly higher than market prices to their relatives and friends management unit by unit agreed to buy goods, but agreed in advance payment of a part must be returned to the A's coffers, a small Treasury money by oneself, constituted a crime of corruption [public property right, not requirement is the state-owned units legitimate all property]

B. is a state-owned bank staff, by virtue of their familiar with the bank environment and their handling of the money into the bank, at night, take away their handling of the money 1000000 yuan, a theft [correctly, this is the view of Professor Zhou]

C. are non national staff of state organs entrusted management of state-owned property, taking advantage of his position, misappropriating public funds for personal use, the crime of duty encroachment. But the non national staff of state organs entrusted management of state-owned property, use convenient position, occupation of state-owned property, decide the crime of corruption. Correct. The latter is the legal fiction]

Interest in the D. behavior of a unit, the name of an individual to the public borrowing to a private enterprise, has been nothing, until the borrower because of objective reasons can not return 1000000 yuan a unit crime, income, not for personal gain, does not constitute the crime of misappropriating public funds [error, dynamic set up machine does not affect the]

[86] the following statement is correct (ABD).

The A. A area of the Customs personnel a received B commissioned, say hello to perform the anti smuggling task in the B region of the C C B, leading to indulge in smuggling, and accept bribes a B. A bribery crime. [correct, a owns the general official authority can constitute the job relevance]

B. a (national staff) good young girl, in the court system All the world knows., many people with "sex bribe" to gain promotion, but never received any property, although a very bad behavior, but can not constitute the crime of bribery. Correct.

C. a unbearable bribes required B, to the judicial organ to expose B, and to deliver the property in the judicial organ of the arrangement, crime form B accepting property, even if the judicial organs after the goods exit, also does not affect the establishment of the crime [error, the acceptance of bribes is not others bribery means based on and delivery, shall set up a criminal attempt, because it is not possible to accomplished]

D. retired personnel a job when he "mend his ways to save him", retired after many people to send large amounts of property, but without prior agreement, a does not constitute the crime of bribery. Correct. Judicial interpretation should be familiar with] 

  

E. policeman for the purpose of illegal possession, in the gambling gamble personnel on-site ordered to hand over cash, otherwise not allowed, gamble personnel that police in the "money", but the fear of retaliation, and paid in cash, a crime of blackmail and impose exactions on police [error, the authority behavior or behavior based on position who delivered, constitute bribes]

F. a to B asking for bribes in the course of project tender in the same conditions, give priority to the use of their products, because a for the legitimate interests, so do not constitute bribery [error]

Fourteenth speaking of crime of Malfeasance

"The test of prediction

1 don't look down upon the content of this chapter, does not require the "deep", but to "understand", this chapter is a typical act without value

Premise 2: the crime of malfeasance committed a crime

[87] the following statement is correct (CG).

A. penalty executive organ executives use education criminal opportunities, forcibly and women's intimate, errors in a crime of breach of privilege [. Constitute the crime of compulsory indecency women]

The B. has the regulatory functions of the judicial personnel to make that is guilty person not subject to prosecution and private put the suspect, the defendant, constitute the imaginative joinder of private put detainees and the crime of this crime, the error from a heavy [, overlap of articles of law, the special law]

Staff at the C. tax authorities and taxpayers, collusion, do not levy less tax, should be identified as the imaginative joinder of play favouritism and commit irregularities did not sign, collecting less tax crime and the crime of tax evasion. Correct. Weeks teacher's opinion]

D. dereliction of duty that prisoners escape only implementation [not as wrong, because of negligence will not put put, is as]

E. have suppressed crime responsibility personnel of state organs, mistakenly believe that B committed a crime (in fact B behavior has not yet reached the crime amount, but illegal behavior in general) for the affair to a B send news secretly, help them escape punishment, although B behavior does not constitute a crime, but here "the criminals" can be construed to expand, constitute a crime of helping criminals escape [error, constitute the crime of malfeasance committed substantial constitute a crime as the premise]

F. health law enforcement personnel armor in the process of law enforcement staff of school canteen provides that do not conform to the hygiene standards of food poisoning caused by students, the act constitutes a crime, but not the behavior to the judicial organ. In fact, the canteen staff not intentional crime and no crime, however, must be on a and B play favouritism and commit irregularities of non transferring criminal cases convicted and punished [error]

The judicial staff G. take bribes and bend the law, the implementation of civil, administrative perverting the law, and accept bribes, a heavier punishment [right]

H. judicial personnel play favouritism and commit irregularities make commutation is performed and lead to wrong decision commuted criminals escape, constitute the crime and play favouritism and commit irregularities commutation con stitutive requirements of the imaginative joinder of offenses, off [error from a heavy, only the former, which reflects the behavior of no value]

I. for the criminals harboring smuggling and indulge in smuggling, or deliberately not to turn over the crime of smuggling criminal cases, imaginative joinder form indulging smuggling and the crime of shielding or play favouritism and commit irregularities crime of not handing over criminal case, off [error from a heavy, only the former]

Fifteenth other crimes

[88] the following statement is correct (full).

A. secrets of the national staff quit, he shall be given a heavier punishment

B. the enemy capital crime, must occur in wartime;

C. forged, altered, the sale of the armed forces, documents, official seal posing as soldiers try every trick to mislead the public, should be a heavier punishment

D. is to split the country to subvert the state power or, and forged or altered, the sale of the armed forces official documents, certificates or seals, from a heavy processing

E. theft robbery armed forces official documents, certificates, seals after posing as soldiers try every trick to mislead the public, should the heavier one

F. posing as soldiers deceitfully raping women posing as soldiers try every trick to mislead the public, constitute the crime and the crime of rape, a heavier punishment;