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