Luo Xiang: the criminal case answer skills

The case analysis which will inevitably have a criminal case, different from other disciplines is, the criminal case examination way rarely design of small, usually only one word -- "according to the criminal law knowledge, comprehensive analysis of the case".Many candidates are often very headache, because one not careful, may have missed a few. Often, what knowledge to understand, did feel good, only to find out in the end score very low.

I think, the case analysis topic of criminal law should take do things carelessly examination way, and should not let the examinee answer design of small problems like 2007. Because the real judicial activity, must find the problem, and no one to help you identify the problem. In addition, the system of criminal law but also all the departments in the tight, performance of this system is easy to help you identify the problem. If you are looking for even in the case of problems not to come out, so the criminal law basic equal to white. A qualified as criminal justice practitioners must have a system of complete understanding of the criminal law. Therefore, to deal with the case analysis topic is the key to establish the criminal law thinking.

What is the system of criminal law thinking? In short, is to be in the mind and firmly establish the "sin the responsibility and punishment" concept, any analysis case, they should start from these three angles.

Crime, namely crime. It includes requirements, elimination of criminality, inchoate crime, common crime, crime number theory constitutes a crime. Constitutive elements of crime and the basic constitutive elements of crime, aggravated crime, its role is to judge the crime and non crime, this crime and other crime, felony and misdemeanor. Elimination of criminality in which case analysis of justifiable defense and emergency hedge only possible questions. Inchoate crime is ready, suspend attempted, such problems. Joint crime is more complicated, the case analysis topic tend to the classification of accomplices, practice over limit, accomplice and identity, the accomplice and the form of knowledge. Crime number theory is to help candidates determine should be a crime, or the number of crimes, then we must pay attention to remember the special provisions of law or judicial interpretation.
Responsibility, namely, criminal responsibility, such as to reduce, exempt, shall be punished severely, limitation of prosecution etc.. This is often ignored by most of the candidates. For example, very not easy to judge the desistance of crime, but forgot to write on the termination should be punished, the result points. This is a pity, not know knowledge, but didn't want to take this point into the answer.
Punishment, the penalty theory, which includes the determination of voluntary surrender, meritorious service, parole, etc.. Generally speaking, the penalty will not examine the specific crime, but at least you know aggravating circumstances some particularly important crime, such as robbery, rape and other crimes, because it is related with the crime theory, by means of penalty knowledge to determine whether there is aggravated constitution of crime.
Here, we use this system thinking to analyze a look in 2004.
     (2004-4-6) a and B in July 28, 2004 and male male burglary of a middle school summer left behind women teachers C property. In late July 30th, B in the middle school campus a lookout, turn the walls into the campus. A holding fruit knife into C living room, found the room except for simple desk, single bed, cookware, tableware, no other valuable goods, with a fruit knife threat, ordered C took the watch (value 2100 yuan) to his. C side pick Watch said: "I am a teacher, can not watch. You have other things can be, as long as not robbed me of my watch." Armour instantly knife into his pocket, and then the third says: "well, I didn't steal your watch, also do not take other things, let me have a look you strip off the dress to look like I will go." C does not agree, a knife and threatened to strip off the dress, forcing C, C side he will have picked the watch on the table, while tears undressed. In spite of a C C said resistance forced touched by breast: "well, you can put on clothes." In the C back to a dress, a flight will C on the watch on the table. A campus and meet escape B, B asked rob what things, armour says he stole a watch. A watch to sell B, B 1000 yuan to the price sold to others, a and B are each allocated 500 yuan.
Question: please according to criminal law and criminal law theory, a comprehensive analysis of the case.

For this problem, because it involves the joint crime, so it should be a separate analysis, then the comprehensive.
The analysis is as follows:
A, a punishment
The first step: Crime
The 1 constitution of crime.
(1) the basic constitution of crime
A set of robbery, the coercive indecency insulting women sin, crime of theft, conceal the crime to offend.
(2) aggravated constitution of crime
Robbery in household plots, belonging to household robbery, aggravated penalty shall apply.
2 elimination of criminality
Does not exist
3 sin is not complete
Looting a desistance of crime.
4 common crime
A and B are the establishment of common crime of robbery. The nail is a principal, does not involve the accomplice and identity, accomplice and shape.
5 crime number theory
Conceal the crime to offend to theft which can not be sent after the behavior, not the other set. A must to robbery, coercive indecency insulting women sin and theft crimes.
The second step: the responsibility
A discontinuation of crime of robbery, because did not cause any damage, so, for a robbery termination, shall be exempted from punishment.
     The third step: punishment
A robbery of housebreaking, this should increase the punishment of execution, but because he founded the discontinuance of crime, so there is no need to consider.
Two, B the punishment
The first step: Crime
The 1 constitution of crime.
(1) the basic constitution of crime
B was robbery, conceal the crime to offend.
(2) aggravated constitution of crime
Robbery in household plots, belonging to household robbery, aggravated penalty shall apply.
2 elimination of criminality
Does not exist
3 sin is not complete
A set up robbery suspension, which is why a will surprise to B, so b set up the robbery attempt.
4 common crime
B and a joint crime of robbery. Where B is an accessory.
In addition, a compulsory indecency insulting women sin and theft to B, which belongs to the practice over limit, beyond the joint criminal intention, B bear no responsibility.
B behavior also relates to accomplice and shape, nail is suspended, B attempted.
5 crime number theory
B does not know the watch is B alone stolen from, the lack of help them sell stolen intentionally, from the subjective point of view, the disposal of stolen goods belong to conceal the proceeds of crime act of robbery, which belongs to the robbery which can not be sent after the behavior, not on the other to conceal the crime to offend. B should be convicted of robbery crime.
The second step: the responsibility
B the establishment of robbery crime, can be accomplished crime shall be given a lighter or mitigated punishment. B as an accessory, an accomplice shall be given a lighter, mitigated punishment or be exempted from punishment.
     The third step: punishment
B belongs to the robbery of housebreaking robbery, should be in aggravate punishment in execution, it is aggravated offense by circumstances should be attempted, increase the punishment range may be given a lighter or mitigated punishment.
Three, comprehensive
With the analysis of the two step, the remaining is to write down the answer. This is mainly to clear, generally do not refer to specific legal provisions, as long as the general said that according to the relevant provisions.
1 A, B constitute the crime of robbery crime. A and B, which belongs to the robbery of housebreaking robbery. A principal offender, B as an accessory, the accessory B shall be given a lighter, mitigated punishment or be exempted from punishment.
2 a robbery of desistance of crime. The robbery suspension caused no damage, it can be exempted from punishment.
3 B belong to attempted crime of robbery. Attempts to commit B, can be accomplished crime shall be given a lighter or mitigated punishment. This belongs to household robbery attempt, should be in the range and severe punishment may be given a lighter or mitigated punishment.
4 A to C undressed and obscene C behavior, the establishment of compulsory indecency women sin.
5 A to take C watch behavior, set up the crime of theft.
B 6 behavior was not theft, also not established compulsory indecency women crime.
7 a directive behaviors B selling stolen goods belong to the crime of theft is not punishable behavior, does not constitute a crime concealment to offend. In addition, B will sell watches and the behavior of others is not set up to conceal the crime to offend, because he did not know this table is a separate from theft, he mistakenly believe that common robbery income, so the disposal of stolen goods is not punishable acts of robbery after, no longer be convicted.