The criminal law case analysis method

--Bai Langtao

The first part Methodology

One, the examination objectives        

The criminal law case analysis theme in this three items of content:    

Master degree in 1 key knowledge blocks.    

Case study is a kind of knowledge to examine, but not to all sites examined, but theA keyKnowledge of plateExamination. Often the knowledge test plate:   

(1) general: ① unaccomplished crime; the crime of voluntary surrender and meritorious service.    

(2): the specific provisions of property crime; the person crime; the crime of bribery and corruption, financial crime.   

The knowledge section should to the extent of the master, this is the answer to the case analysis topic necessary knowledge reserve.   

2 extraction of key facts, find out the corresponding law.    

In recent years, the case is very long, and complex. This requires the examinationStudentsAt the same time, the ability of fast reading,The capability of rapid extraction of key factsThe test, and quickly find out the ability of law. Some students learned in this link failures is profound. For example, in 2008 the examinee in reading the criminal law case analysis topic, began to think that the company law questions, read the last known is the criminal law questions, just need to reread. It would be a waste of time, and cause the palpitation.   

The ability to connect 3 facts and norms.    

The case is fact, law is the norm. Case analysis is used to analyze the case law.   

From a logical point of view, this is a syllogistic reasoning process, the major premise is the law, the minor premise is the case, the final conclusion.

The blogger supplement:

    The cognizance of the crime of money laundering, which one of the following optionsError?(11 years 2 12 questions)

A. "criminal law" article 191st has not stipulated the crime of property violation is upstream of money laundering crime, however, the underworld organizations in the implementation of crime of property violation, is still the upstream of money laundering crime

B. upstream of the drug crime from the crime of corruption is mistaken for income and the implementation of money laundering, does not influence the crime of money laundering

C. upstream crime fact can confirm that, due to the upstream crime deaths shall not be investigated for criminal responsibility, should not affect the determination of the crime of money laundering

    D. unit loan fraud should be based on the contract fraud crime, the crime of contract fraud is not the upstream of money laundering crime. As the implementation unit loan fraud money laundering behavior, not to set up the crime of money laundering

Inspect the knowledge point: that the principle of legality, the crime of money laundering

The first part: general problem-solving ideas

Problem-solving ideas:How to avoid the legal principle of crime and punishment has become the slogan, judgment method for the specification of follow the request of conviction. Conviction is basically a syllogism reasoning process.The major premise is the law (constitution), the minor premise is the facts of the case, the conclusion is guilty. But in practice, often mistake is reversed, the major premise and the minor premise, the facts of the case as the premise, the constitutive requirements of the legal provisions of the minor premise. For example, a unit of electricity theft. Practice has such reasoning: This is the unit of theft (premise), criminal law doesn't stipulate the unit can become the subject of crime of theft (minor), so the case should be guilty.

The second part: the problem-solving ideas

This reasoning is correct:Elements of the crime of loan swindling is a natural person with for their own or third people (including the units) the purpose of illegal possession of the implementation process of the implementation of loan fraud, loan fraud in the unit, there must be the natural person own implementation of loan fraud, the natural person completely conform to the loan fraud crime, constitution the crime of loan fraud. The implementation of loan fraud from the natural person crime belongs to the upstream of money laundering crime, the object of the proceeds of crime belongs to the crime of money laundering and its benefits. Therefore, as a unit of fraud crime of loan income implementation of money laundering, constitute the crime of money laundering, therefore, the D option error.

From the operation point of view, this is an interactive and process, to the examinee constantly shuttling back and forth between the case and the law, efforts will be the distance between the two close, finally draw a conclusion.   

This ability is the basic ability of legal person's occupation, so is the examination examination key.   

4 comprehensive contact capacity.    

The case analysis topic may not like the only test a test, and looks at multiple sites.These sites was dispersed in the towel. This requests the examinee has numerous sites are linked to the ability, can not only see a point, than the rest.For example, questions sometimes connect crime and joint crime, will be linked to the crime and recidivism, the minor crime and penalty link, link personal crime and property crime.   

5 organization answer.   

Case study is a kind of written expression topic.Especially in recent years, some real questions only one sentence: "please according to the knowledge, analysis of behavior of the criminal responsibility". To answer this question, it requires writing ability and organization and answer.For example, some candidates will be the charges involved as a framework to answer, this is clearly not appropriate.    

 

Two, solving strategies   

Although the case analysis topic emerge in an endless stream, but there are still questions certain rules. According to many years summed up the laws, while answering the following strategies may be adopted.   

1 Reading: find out the key behavior.    

(1) the first one glance at the question, is "a word" type questions, or questions step by step.If it is "a word" question, then on the reading should be overall and careful. If is a question, then read the problem should pay attention to points in step-by-step questions, such as the character, key behavior etc..   

(2) in the first reading, by "the character" -- "behavior" as the clue, clarify the case main line, clear"What are the people ", the implementation of all the" what key behavior". The so-called critical behavior, refers to the meaning in the act in criminal law, may constitute a crime. As for the trivial behavior without attention to be of no great importance. Suggestions on the reading, with the "character" and "key behavior" place are zoned out, in preparation for the next step.   

The 2 problem solving:Looking forCorrespondingTest.    

After reading the title, will have a basic understanding of the facts of the case. Then began to problem solving:   

(1) firstOne by oneAnalysis of each key behavior, constitute what crime. This will be used to distinguish between crime and crime of knowledge.    

(2) then, to see what links between various behaviors, what is the connection between the various charges.It will be used one crime and several crimes of knowledge.   

(3) and then analyzes each "character" (criminal) relationship, is the accomplice relationship, or a separate crime.Some results are jointly responsible for the crime, or their respective. This will use the common knowledge of crime.   

(4) the next analysis constitutes the crime is accomplished or attempted.This use to the crime of knowledge. If the crime not to ask questions, do not need to pay attention to the problem.   

(5) finally analysis have the responsibility to age, voluntary surrender, meritorious service, such as a recidivist from other statutory sentencing plot involving.  

Be careful:Only need to pay attention to legal sentencing circumstances, as for discretionary sentencing circumstances do not need to pay attention to. Of course, if the problem is not asked to these points need not pay attention to these problems.   

The 3 Review: make up.   

A quick review the case again, and then check the points of their problem solving, to see if there are any omission of facts and test. If there is no problem, he began to write the answer.   

4 write the answer: clarity.   

(1) if the question is step by step, i.e., a step by step to ask, then write the answer is relatively simple. The onlyBe careful,In the review stage between each step to check the answer there is no contradiction. Sometimes the answer the first question, feel no problem, but the answer to second questions, third questions, find the reasoning conclusion down, there will be problems. This requires the written answers must answer each step integral theory again, do the whole reasonable, don't write that contradiction, die young, and then start again. This will waste a lot of time, and cause the palpitation.   

(2) if the question is "the word", namely "according to the theory of knowledge, analysis of criminal responsibility" the behavior, then write the answer on organized structure problem. The biggest problem is to establish a framework. By what standard as a framework? Behavior subject? Behavior? Charge?   

It is rationalAccording to theBehavior subject to design a frameFrame. The next question is, if there are multiple actors, is the complicity of two people in front, or will separate the crime in front?Reasonable approach is to put in front of the common crime. After analyzing the common crime, and analysis of individual crime.   

The behavior subject as a framework, the behavior subject under,Should beAct as the two level framework. The behavior of the arrangement, should be arranged according to the behavior of the time sequence.   

Determined to act as the two level framework, you can write the entity content. Write the entity content, attention should be paid to the problem of transverse and longitudinal depth problem. Write the entity content, just write points, not in the lateral face too wide, exhaustive, but also not in the vertical depth analysis can't pull out, too. It is important to write points,Is mainly about "what behavior, constitute what crime"According to the reason, then write one or two sentences,But do not need to write to (e.g., according to criminal law article * * a), but do not need to write the sentence (how many years).

 

    

"The word" question answer template  

  (a) two behavior subjects (common crime part)   

   1 (the first act) two action... Behavior, constitute... Crime. Because.......   

   2 (Second Act) two action... Behavior, constitute... Crime. Because.......   

   3 see no crime problems, such as crime, attempted, suspended.   

  (two) subject a (crime)   

   1 (the first behavior) behavior body armour implemented... Behavior, constitute... Crime. Because.......   

   2 (second behavior) behavior subject a implementation... Behavior, constitute... Crime. Because.......   

  (three) subject B (crime)   

   1 (the first behavior) behavior subject B implementation... Behavior, constitute... Crime. Because.......   

   2 (second behaviors) subject B implementation... Behavior, constitute... Crime. Because.......   

Three, exercise   

(2004, Volume IV.6) case: a male and B male in July 28, 2004 conspiracy burglary of a middle school summer vacation staying 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.   

Analysis.   

1 Reading: find out the key behavior.   

(1) the first glance at questions, that is "a word" question, which requires full attention on the reading time,   

(2) in reading, find out the "what", "what are the implementation of the key actions". A pen on a problem.   

2 problem: find the corresponding point.   

(1) the first one one of each key behavior, constitute what crime.   

The A and B co conspirator room robbery, B lookout, a one room.         

Conclusion: two people constitute the joint crime of robbery.   

The 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."   

Conclusion: a give up robbery, robbery or towel, another criminal intent, to implement compulsory indecency, insulting women sin.   

③ a forcing C undressed, regardless of propylene revolt forced touched by breast.   

Conclusion: a new crime: the implementation of compulsory indecency, insulting women sin.   

In the C back to a dress, a flight will C on the watch on the table.   

Conclusion: a implemented new crime: stealing.   

⑤ a watch to sell B, B 1000 yuan to the price sold to others.   

Conclusion: A and B, selling stolen goods, the implementation of the cover up, conceal the crime of offending (2004, called the crime of selling stolen goods).   

(2) again and again, to see what the behavior of the ask, what with all the charges. It will be used one crime and several crimes of knowledge.   In this case, will produce a contact is above the behavior and the behavior, the behavior and the behavior.   

First, look at the behavior and the behavior. Because the behavior of a towel, abandoning the robbery, this give pause is not temporary, but the final ending, but also take the initiative to give up, and so constitute the crime of robbery suspension. The discontinuance of crime is a final form. In the same crime can only appear in a final form, also is the discontinuance of crime, attempted crime, crime is exclusion relations, can not coexist. So a set of robbery crime discontinuance, means that the robbery of the final.   

Then, a and the implementation of the compulsory indecency, insulting women sin, then the implementation of theft. Note that, because of the front of the crime of robbery is the discontinuance of crime, the final shape, so don't be a result of theft to robbery's head, that constitute a robbery. A robbery crime complete suspension +. After all, robbery requirements is the use of violence and other coercive means property stolen, and theft is to use peaceful means to transfer.   

Secondly, look at the behavior and the behavior. A implementation of theft, then let B selling stolen goods. According to the principle of "post factum" cannot be punished, after the theft of stolen goods behavior, is not the penalty after behavior, because there is no infringement of the new law, from beginning to end only against the same property, therefore does not need to separate conceal, conceal the crime of offending, but do not need to combined punishment for several crimes.   

(3) and then analyzes each "character" (namely, the criminal behavior) relationship, is the accomplice relationship, or a separate crime. Some results are jointly responsible for the crime, or their respective. This will use the common knowledge of crime   

In the towel, and conspiracy to rob, in a form of robbery after the suspension of joint crime, two people will come to an end. A subsequent behavior belongs to excessive behavior. Therefore, it is a crime of robbery, robbery crime discontinuance, B is attempted robbery. Because B did not give up the intent of robbery, and make a stop to help make up, is the reason will b, so B constitute the crime of robbery attempt.   

A and the implementation of the compulsory indecency, insulting women sin, this crime has nothing to do with B.   

Armor and the implementation of theft accomplished. Note, this crime has nothing to do with B. Therefore, a theft accomplished results not to B's head, think B constitute robbery. Because B in front once constitute attempted robbery, this is a final form, can not have a robbery crime. Not that the B also constitute the crime of theft accomplished, because B although objectively in helping a theft, but know B subjective without the help of a theft.      

Finally, a cheating B said "this is rob to watch", let B take betray. This a disposal of stolen goods do not need to separate the conviction and punishment. B behavior is disposal of stolen goods, also do not need to separate the conviction and punishment. Note, the implementation of the disposal of stolen goods, while B, but not in front of a robbery or theft B accomplishment. Second, B booty source of error of cognition, the subjective thought that their plunder, and objective reality is others stolen property. In the wrong time, should be judged according to the subjective understanding. If B subjective know others stolen property, and other sales, then B is to conceal, conceal the crime of offending. But B subjective thought is rob together in the sales themselves and others to property, so is not the penalty after behavior. Not because the sales B objectively is others stolen property, to B will conceal, conceal the crime of offending.   

(4) finally analysis there is no statutory sentencing plot.   

① constitute a discontinuation of robbery crime, crime towel check is the legal lenient circumstances. B constitute the crime of robbery attempt, attempted crime is the statutory mitigating circumstances. (that is, this point even if no answer, is not penalized.)   

② a robbery crime, are the main culprits. B is robbery abettor, accessory. Accessory is legal lenient circumstances.   

The 3 Review: make up.   

Quickly again through the case, and then check the points of their problem solving, to see if there are any omission of facts and test.   

The new findings may: household robbery. Household robbery is aggravated robbery crime legal punishment (punishment or upgraded conditions). Because a, B is the common crime of robbery crime, so the plot of a, B are applicable. 

4 write the answer: clarity.

Because this problem is "a word" question, so the need for planning, organizing the answer.  

[answer]

(a) of a and B behavior   

1 A, B constitute the crime of robbery crime. Because two people are robbed and robbery of the common behavior of joint intention. A and B, robbery belongs to the robbery of housebreaking, because of the relative isolation of C room belongs to its life and outside home; and a common household because of B, a fact but also the implementation of the robbery of housebreaking behavior, so B is not home, it should be applied to rob into the door of the legal punishment of B.   

The case of subjective and objective truth, can be identified as the principal a, B as an accessory, the accessory B shall be given a lighter, mitigated punishment or be exempted from punishment.   

2 A, B may constitute the crime of robbery crime, but crime of two people of different:   

(1) a robbery of desistance of crime. Because in the circumstances, can achieve a robbery, but he gave up the robbery; robbery behavior due to suspension did not cause any damage, so, for a robbery termination, shall be exempted from punishment.   

(2) B belong to attempted crime of robbery. On one hand, not because of a fact made watches, that B robbery, because the watch is not a robbery income property; on the other hand, B does not automatically give up robbery of their own, a suspension for B, belongs to causes beyond volition. According to the criminal law, attempts to commit B, can be accomplished crime shall be given a lighter or mitigated punishment.   

(two) on a behavior    

1 A to C undressed and obscene C behavior, the establishment of compulsory indecency women sin.   

2 A to take C watch behavior, set up the crime of theft. Because the constitution took the watch act is fully consistent with the crime of theft. Take the watch has not belong to in the robbery, extortion property act, which does not belong to by violence, coercion or other methods to suppress or to suppress the revolt has watch case. So, can not be achieved in the evaluation of watches in the robbery, and shall be recognized as theft.   

(three) a B behavior   

B 1 behavior was not the crime of theft. B objectively for a stolen watch plays a role (lookout), but B does not know a meeting of stolen property, therefore, B is not a larcenous accomplice.   

2 for the same reason, B's behavior is not established compulsory indecency women crime.   

3 B will watch sell is not established and the behavior of others to conceal, conceal the crime of offending (note that still selling stolen goods). For their sales proceeds of crime act does not set up this crime. B is in fact sold a theft of property obtained, but B mistook the watch with a conspiracy to rob the wealth, does not know the watch is a separate crime income property, therefore, no intention to sell others the proceeds of crime, not the establishment of the crime.   

Four, often test the knowledge reserve   

Case analysis of title examination knowledge point, unlike the choice so dispersed, there is a focus. (the asterisk represents important level, the more, the more important.)   

1 General   

(1) the subjective element   

Distinguish the offence form (*)   

Direct and indirect intentional, indirect intention and negligence of over confidence, negligence and negligence overconfident negligence, fault and accident negligence, negligence of over confidence and irresistible force.   

The forms of contact (4)   

Criminal intention transformation, another criminal intention.   

(2) the establishment of justifiable defence (4)   

The reality of the illegal violation (Defense), defense (defense, whether timely advance the afterwards defense, defense) or when (means equivalent).   

(3) crime (★ ★ ★)   

The judge and distinguish the crime, attempted crime and accomplished crime, attempted crime and discontinuation of crime, attempted crime and crime. In short, the attempted crime is the core.   

(4) the common crime (★ ★ ★ ★)   

Can say, almost every case study in the study of joint crime. The reason is very simple, the fourth volume of cases are cases, more complex, and it will take the common crime, will be able to design large enough enough complex. Therefore, the common crime is the general knowledge of the most important knowledge (note, not "the one").   

The theory of common partly crime. An accusation: personal crimes: the crime of intentional injury and crime of intentional homicide, kidnapping crime and the crime of illegal detention, the coercive indecency women and crime of rape. Property crime: theft and robbery, fraud and robbery, robbery and the crime of robbery, blackmail and impose exactions on crime and the crime of robbery, theft and robbery, fraud and blackmail and impose exactions on crime.    

② the property from accomplice. Is the main character of instigator and help offenders from the property.   

The indirect principal offender.   

The principal offender, accessory.   

The common crime and crime. Especially the accomplice appear to suspend the case.   

The common crime and the error of cognition. Especially the problem of excess (old accomplice theory called the practice over limit).   

The joint crime and status.   

(5) one crime and several crimes (★ ★ ★)      

The imaginative joinder of offenses, overlap of articles of law, not the penalty after behavior.       

(6) punishment theory test   

Voluntary surrender and meritorious service (★ ★ ★), recidivism (★ ★ ★)      

The 2 part   

(1) six for property crimes (★ ★ ★ ★)   

Robbery and snatch, theft and embezzlement, fraud and blackmail and impose exactions on. The six charge is the most important sub test (note, not "the one").   The specific point of view: "criminal law" 269th article afterwards transformed robbery, robbery and snatch the blackmail and impose exactions on distinction, distinction and theft, theft and embezzlement of distinction, distinction between theft and fraud, fraud and blackmail and impose exactions on contact.   

(2) ten for personal crime (★ ★ ★ ★)   

The crime of intentional homicide, homicide caused by negligence, intentional injury crime, the crime of rape, forced obscene, insulting women sin, crime of illegal detention, kidnapping, trafficking in women and children, those buying abducted women and children crime, crime of kidnapping children.   

Note: to examine personal crime is the main link between point charges.   

Contact: murder, a charge injury, rape and robbery, theft.   

Contact: two charges of illegal detention, kidnapping and robbery.   

Two or three: kidnapping and murder charges, illegal detention, trafficking in women and children.   

(3) the crime of corruption and bribery (★ ★ ★)   

The crime of corruption, embezzlement, bribery, bribery.   

(4) financial crimes (★ ★ ★)   

Crimes of Disrupting Financial Order: the crime of counterfeiting currency, sale, purchase, transport of counterfeit currency crimes, hold, the crime of using counterfeit money.   

Financial fraud crimes: the crime of credit card fraud, insurance fraud, crime of fraud of the loan.   

(5) important crime scattered (4)   

Important crime scattered examination is random, each different point. There is a common:   

The crime of duty encroachment, arson, the crime of smuggling, conceal, conceal the proceeds of crime, the proceeds of crime, the crime of dividing the state-owned assets, the crime, crime of breach of privilege.

The second partSimulation training

(a)

Case: one day, Wang (born 1 October 1994) and Lee (born 11 November 1992) to get some money. Two people heard of our students Wu (female, born 1 December 1996) was a rich man's son, we intend to   Kidnap wu. In December 12, 2009, Wang and Li in the school on the road will wumou kidnapped into a dark room, then to the Wu father Wu called for 10000 yuan. I can't promise. Wang and Li Mou gang rape the Wu, then killed the Wu, fled to the field. Maybe the alarm, the police wanted Wang and li. Lee's father, Lee asked Lee's whereabouts, persuade Lee to surrender, Lee did not agree, Lao Li he pulled the Lee to the Public Security Bureau, Lee reluctantly drawn to the Public Security Bureau, then take account of the facts of the case, and offers Wang hiding place, assist the police arrested the wang.   

Question: please according to the criminal law knowledge, analysis of the case.   

[answer]   

1 Wang and Li's criminal responsibility   

(1) Wang and Li common kidnapping. Wang due to under 16 years of age, so the crime of kidnapping is not to bear criminal responsibility. Lee has over 16 years of age, so the criminal responsibility for the crime of kidnapping.   

(2) Wang and Li common rape. Wang and Li as the full 14 years of age, so which constitute the crime of rape. But two people constitute a gang rape, gang rape is rape statutory aggravating circumstances. At the same time, because the victim Wu under 14 years of age, is the youngest daughter, Wang and Li belongs to the carnal knowledge of a child, carnal knowledge of a child rape is the statutory aggravating circumstances.   

(3) Wang and Li to kill. Wang has over 14 years of age, and thus constitute the crime of intentional homicide. Lee murder without conviction alone, because Lee front constitute the crime of kidnapping, and murder are in the kidnapping crime "kill the kidnapped person".   

(4) because of Wang and Li Moudou under 18 years of age, is a minor, the penalty shall be given a lighter or mitigated punishment, and not to apply the death penalty.   

2 voluntary surrender and meritorious service   

(1) although Lee reluctantly, but was pulled to the Public Security Bureau, and faithfully confess a crime, constitute a surrender.   

(2) Lee about Wang's whereabouts, help the judicial officers arrested Wang, a meritorious service, but also is the major meritorious service, because Wang, may be sentenced to life imprisonment.   

Two.

Case: song, a high, long Mou three people many "if" means in the streets of blackmail others property. One day, three people conspiracy to extort money. As the dragon with a song about the concrete implementation scheme is controversial, long Mou active exit. The song and then came down the street, holding a vase purposely to Wang Mou body, porcelain vase broke. The song, a high that the porcelain value thirty thousand (actual value of only one hundred yuan), asked the king to a compensation, otherwise don't let go. Wang refused to compensate, song, a high see entanglement for too long may have bad, then the implementation of Wang beaten, forced him to pay. Wang revolt, song will Wang knocked to the ground, a high took the opportunity to win Wang bag. Wang lying on the ground. A high leg not put. A high in order to get rid of Wang, will bag and throw it on the side of the road, with the hand beat wang. At the same time, long Mou just are in the vicinity of the site for East two, goal. The song, the whole process of a high crime. When it sees a high will bag and throw it at the roadside, while high Mou and Wang machine will pick up a bag. When saw Gao by Wang hugged, came up and kicked a foot, then turned and ran. To a remote place, long MOU will bag 4000 yuan to 5000 yuan in hiding. When the song, a high after the Dragon demanded the bag, long MOU will built-in l thousand yuan a bag over to them. After the victim Wang due to a death, but could not find out is a high beating cause or high a beaten after a brawl build dragonInto the.   

Question: please according to the theory of criminal law, the case analysis.   

[answer]   

1 long Mou constitute the crime of robbery crime suspension preparation stage. Three people seeking stage robbery crime belongs to the preparatory stage. In the absence of a specific implementation plan, long a voluntary withdrawal, broke away from the accomplice relationship, suspend crime.   

The 2 song, constitute a crime of attempted blackmail and impose exactions on high.   

The 3 song, a high constitute the crime of robbery. Two in the case of attempted blackmail and impose exactions on crime, criminal intention transformation, upgrade directly into the crime of robbery. At this time, only the crime of robbery, blackmail and impose exactions on attempted robbery crime by absorption.   

The 4 dragons constitute a robbery in the successive joint crime. As the dragon a involved, song and high Mou is informed, and the crime of robbery is not over yet, so long the robbery of the successive joint crime.   

The 5 song, a high responsibility for the death, death is not responsible for some of the dragon. Because, if the song, a high mortality, the dragon was a not responsible; if it is long a lethal, song, a high is also responsible for, so, just a song, a high death shall be responsible for the results of. Namely, song, a high constitute the crime of robbery causing death, while the dragon a constitute the crime of robbery.    

Three.

Case: Tian and Wu is husband and wife, in order to make, the two men: the Tian wife wumou sold to others, to receive the money after, Tian Wu fled back to help. According to the plan, Tian Wu sold to ten thousand yuan Qi mou. Some buy Qi Wu, Wu should marry for wife, Wu not from. Qi will be Wu held up, and forces her to have sexual relations. After Tian's help, Wu escaped. When Tian going to through this kind of means to earn money, Wu not promised. The two will discuss earn money away to someone else's child. One day, two people outside a primary school pupils, see Lee (female, 8 years old) go home alone, they deceive Lee: "we are your father's colleague, your dad let us take you shopping." Lee did not know will follow two people. Two will be Lee to a shop near the train station. Wu is responsible to buy train tickets, Tian Li Mou will be brought into the shop, picked up ten thousand yuan worth of necklace worn on the neck, pretend money, find the purse money is not enough, the clerk said: "my home in the vicinity of this, not enough money, I go home to take, in order to let you rest assured, I will children at this." The clerk promised. Tian He wears a necklace to leave, and quickly and Wu train escape.   

Question: according to the criminal law knowledge, comprehensive analysis of the case.   

[answer]   

1 Tian and Wu's joint crime   

(1) Tian in accordance with plans to sell a Wu Qi, does not constitute the crime of abducting and trafficking in women, and constitute a crime of fraud. This is because, Tian did not sell Wu's intention, but Wu common fraud Qimou money, commonly known as "put dove".   

(2) Tian and Wu Li Mou will be turned into gold, then "and" in the shop, wear necklace escape, constitute the crime of kidnapping children, not constitute the crime of abducting and trafficking in children. Because the field intention and Wu did not sell to children, but the children from the family of regulatory behavior, constitute the crime of kidnapping children.

(3) Tian and Wu will Lee "and" in the shop, wear necklace escape, constitute a crime of fraud. Because two people carry out to cheat behavior, make the understanding error, mistakenly think that Lee is the child, then voluntary delivery of the necklace.   

2 Qi a crime   

(1) together constitute a buying abducted women sin.   

(2) together constitute a crime of illegal detention and rape.   

(3) the three alignment a crime should be combined punishment for several crimes, because buying abducted women sin cannot absorb the crime of illegal detention and rape.

Four.

Case: Guo Mou, Wang Mou, Li Mou, Chen conspired to rob. Chen said, he knew a fellow Zhao live in Tsinghua Yuan Hotel, you may have money, can the robbery. Other people are in favor, and agreed on by Chen Zhao cheat to Xiyuan hotel. Zhao cheated to Xiyuan hotel room, four knife uniform Zhao, tied, Zhao who found 50 yuan and a Tsinghua Yuan Hotel luggage storage card. Chen and Lee holds the card to Tsinghua Yuan Hotel luggage. Guo Mou and Wang kept zhao. Zhao to break, be Guo Mou, Wang found, in a fight, Guo Mou and Wang to Zhao the stabbing to death, zhao. In hindsight, Zhao was a fatal knife, but couldn't find out who stabbed a knife. Chen and Lee get luggage, because of lack of identity is the Qinghua same hotels refuse. Two people to return to the hotel in Xiyuan that Zhao is dead, he searched from their body identity card again for the luggage. Two people pretend to be Zhao friends, claimed by Zhao commissioned to take, Tsinghua Yuan Hotel T staff for gospel truth will Zhao luggage for two people. Two people open to find that in addition to two pieces of clothing and a notepad, no other. Two people can not be reconciled, see Notepad records "told brother Wu, mobile phone No. * * *", to Wu call: "a life of your brothers Zhao was abducted us, not for the money, will kill him!" Wu replied: "he is my brother's life which, clear is like brothers, I owe one million not yourselves!" See this scene, two people had to give up.   

Question: please according to the study of science of criminal law, analysis of Chen, Li, Guo Mou, Wang Mou's criminal responsibility.   

[answer]   

1 four constitute the crime of robbery.   

2 Guo Mou and Wang to kill Zhao, although unable to find out who killed, but because two people are common principal murderer, according to some of the responsibility principle, without the need to find out who killed. Two people are responsible for Zhao's death. As the two men responsible for Zhao, show Zhao robbery has not completely end. At this time to kill Zhao, does not belong to the robbery is completed in order to kill and murder, so no other set of intentional homicide, but will be aggravated robbery homicide as a result, belongs to the crime of robbery (intentional) deaths.   

3 Chen and Li Guo Mou, Wang Mou to kill Zhao consequences. On the one hand, while two people to Guo Mou, Wang Mou murder had not foreseen, but have foreseen the possibility, because two people know the knife Guo Mou, Wang Mou hand, and responsible for the custody, there may be resistance, Guo Mou, Wang Mou will adopt uniform measures. On the other hand, two people and Guo Mou, Wang Mou of robbery crime and joint crime, common knife uniform Zhao, so two people had to Zhao's death also provides part of the force. So, Chen and Li belongs to the crime of robbery (negligence causing death).   

4 Chen and Li to Tsinghua Yuan hotel staff constitute crime of fraud. Then pay attention to four issues:   

First, the fraud belongs to the tripartite fraud. Because I was the Tsinghua Yuan hotel staff, the victim is Zhao, also deceived people have the disposition victim of property rights.   

Second, the crime of fraud belongs to attempt. Although two people get to the baggage, but because it did not obtain a large amount of property, so the crime of fraud crime.   

Third, the crime of fraud conviction should be alone, but not as part of a previous robbery and absorbed by the. Because of the fraud belongs to the new independent behavior, violation of the new object and law.   

Fourth, Guo Mou and Wang although not the implementation of fraud, but should also be responsible for fraud. Because the card to get the luggage is four joint criminal intention, division is different.   

5 Chen and Lee also violate the blackmail and impose exactions on crime and crime of fraud, but because it is the serious violence as evil, so to blackmail and impose exactions on crime. But two people constitute the crime of blackmail and impose exactions on attempted. Because two people implement blackmail and impose exactions on crime beyond the four joint criminal intention, so Guo Mou and Wang Chen, Li Mou on crime of blackmail and impose exactions on irresponsible.

Five.

Case: the police Wang and a and B, conspiracy, kidnapping of Lee and his girlfriend Tian, Lee kin the ransom of 300000 yuan. In this process, Wang Mou puts forward to get ransom to kill Li Mou (because of Lee know Wang), and the knife cut, but was strongly opposed to a and B, and wang. Therefore Wang and a and B, conflict. After about a and B, B of a said: "Lee told me, if you give him, he agreed to give us 600000." (because of Lee know Wang to kill yourself). Then, a and B, seek opportunities to kill Wang, because only kill Wang, can let Lee, so it can get 600000 yuan, otherwise, Wang Mou is armed, may kill a, B and lee. A, B, Li and Tian Tian by planning, by shouting from Wang, a and B, Wang took the opportunity to uniform. A knife to Lee, let Lee stabbed wang. Later, Lee gave a, B 600000 yuan, also have been harbouring Wang pistol. In addition, B in charge also raped Tian Tian.   

The problem:   

1 Wang, a and B, constitute what crime? For killing Lee fact how should maintain?   

2 A, B, Li, Tian behavior whether self-defense or necessity?   

3 Li people constitute what crime?   

4 on the how to deal with?   

[answer]   

The 1 constitute the crime of kidnapping. Wang belongs to the kidnapping of "kill the kidnapped person", but because the attempt, so the same offense provisions lenient punishment.   

2 not in self-defense, but the crime of intentional homicide, because afterwards defense. And four act doesn't constitute the emergency, because they do not meet the necessity and urgency of the uniqueness condition. Four are intentional homicide crime, rather than simply Lee constituted the crime of intentional homicide crime.   

3 Lee also constitute the crime of illegal possession of firearms.   

4 B constitute the crime of kidnapping, murder, rape, the combined punishment for several crimes.

 

Six.

Case: a a kidnapping for ransom money intention, a bow with the intent of robbery, each concealing the true intent, common   Illegal detention of lee. An MOU to Bob claimed: "I went out to buy us dinner", came out to Lee's wife Tian Mou for 200000 yuan, Tian refused. At the same time, Bob Lee who directly take the purse, then escape. No one Li see house, will break the rope over the window to escape, but unfortunately was upstairs falling flowerpot to death. A back to find that Bob is not in the house, and Lee died, they give Tian call: "you do not give money, I will kill your husband!" Tian the fear they agreed, at the same time. The police set a good ambush, let Tian in accordance with a request to transfer locations. Tian came to transfer locations, will be 200000 yuan to a, the police rushed out to catch a, a homeopathic Tian knife hijacked, ask the police to retreat. The police sniper Qimou was directed to a shot, unfortunately killed tian. At the same time, other police quickly overpowered a. Bob grab Lee's wallet and found three credit cards, will be the one used on machine, took out 8000 yuan, the other a store credit card consumption, total consumption of 20000 yuan, third at the bank counter used when arrested.   

Question: according to the theory of criminal law, a comprehensive analysis of the case.   

[answer]   

1 Ann and Bob common crime   

Two the establishment of common crime in the crime of illegal detention period, a constitute the crime of kidnapping, Bob constitute the crime of robbery.   

2 a crime   

(1) an a began to constitute the crime of kidnapping. But Li's death, one without responsibility. That one does not belong to "kidnap death". Because of Lee's death and a kidnapping has no direct causal relationship.   

(2) in Lee's death, an MOU to Tian extortion, blackmail and impose exactions on breaking and fraud, because Tian mainly psychological fear, so a to blackmail and impose exactions on crime.   

(3) a hijacked Tian, belong to resist police arrest behavior, does not have the anticipated possibility, does not constitute the crime of obstruction of official business. The police accidentally killed Tian, is caused by a behavior, therefore a constitutes a crime of negligence causing death.   

3 Bob a crime   

(1) Bob constitute the crime of robbery, but is not responsible for the death of Li mou. Because of Lee's death and Bob a robbery no direct causal relationship.   

(2) a bow in machines use the credit card to withdraw 8000 yuan, constitute the crime of theft and crime.   

(3) a bow in store credit card 20000 yuan, constitute the crime of credit card fraud and crime.   

(4) a bow in the bank counter using a credit card when arrested, constitute the crime of credit card fraud crime.

Seven.

Case: Neptune, false funded 5000000 set up a branch dragon company, by Zhang served as general manager of the company. Dragon company is equipped with a BMW car for Zhang (700000), and the car for pilfer, but the insured and beneficiaries for the sea king company. After Zhang to the driver, surnamed Wang said: "the car if the stolen will be compensated by the insurance company for, as I will sell you the car 100000 yuan. I'll report said that the car was stolen." Wang agreed to pay 100000 yuan. Zhang will be the car to wang. The next night, Zhang and his steal with a good car key quietly from Wang Mou will drive away, immediately sold. The next day, Zhang on the Neptune company that the car was stolen, hand report, on the other hand let Haiwang company claims to the insurance company. The public security organs without cracking the case. Neptune claims to insurance companies. The insurance company according to the insurance contract to Neptune company pays insurance gold 100000 yuan.

Question 1: Haiwang company constitute what crime? 2 Zhang Wang constitute what crime? 3 Zhang constitute what crime to pipefish company? 4 Zhang to Neptune company whether to constitute the crime of fraud? Whether the 5 Zhang to insurance companies constitute the crime of insurance fraud?   

[answer]   

1 false capital crime.   

2 the crime of theft, fraud and non. Because Zhang Wang to pay money, the car to Wang, so there is no fraud. But Zhang Wang Mou returns from theft, theft.   

3 embezzlement. Zhang Hailong company property (cars) to deal with the sale, and the illegal income for it, the crime of duty encroachment. Specific means is embezzled, will you have possession of the company become the property of all his. At the same time, Zhang also makes use of the convenience of duty.   

4 do not constitute a crime of fraud, because there is no deceit Haiwang company property.   

5 do not constitute the crime of insurance fraud, because the act of the subject of crime of insurance fraud is insured, the beneficiary or the insured and other qualifications, but Zhang did not, so do not constitute the crime of insurance fraud. However, Zhang for insurance company to constitute indirect perpetrator of the crime of fraud. The sea king's knowledge and defrauding insurance company. Although insurance gold to Neptune all, but not all belong to the Zhang, but only for the victim of the crime of fraud based on understanding error action property, does not require the punishment to the behavior of people, also can dispose to third people. The victim has suffered the loss of property, behavior constitutes fraud.

Eight.

Case: A and B, the night invades the burglary, Wang Mou is in after entering the house, Wang found. Wang shouted catch the thief, a and B, quickly from the kitchen out kitchen knife forced Wang don't shout, and asked to hand over money, otherwise kill wang. Wang was forced to will be home to five thousand yuan only pay out. A and B, too little money, they search, find a debit card, forcing Wang speak a password, or kill wang. Wang was forced to reveal the password. A time to leave future trouble, change not to kill Wang commitment, a knife to kill Wang cut throat. In this regard, B unexpected. Saw B. a daze, a cry B hurriedly evacuated. The Wang residence, B due to a murder, heart be very upset, then find an excuse to leave. A bicycle came to before the ATM, take out ten thousand yuan in cash.   

Question: please according to criminal law you learn knowledge, analysis of criminal responsibility of a, B.   

[answer]   

1 A, B intrusive steal Wang Mou, belonging to the burglary, according to the "criminal law amendment (eight)" provisions, constitute the crime of theft.   

2 A, B with a kitchen knife to Wang, belongs to upgrade directly from theft, robbery, constitute the crime of robbery. Afterwards transforms but does not belong to the criminal law 269th robbery, because a and B, use the threat of violence, not to conceal booty or resisting arrest, but in order to obtain property. At the same time, because of the violence of a and B, the place indoors, so the constitution "housebreaking" this robbery crime legal punishment upgraded conditions.   

3 A, B constitute robbery, robbery, the amount is five thousand yuan.   

4 in the A and B, the implementation after the robbery, a to kill them and Wang, also constitute the crime of homicide, robbery crime punishment and.   

5 B to a kill Wang, do not need to bear the charges of intentional homicide, but should be responsible for the result of death, i.e. B constitute the crime of robbery causing death. Because, first, although the B to a kill Wang did not realize, but B with a common robbery to take the threat of violence, the possibility of a known or predicted to kill Wang Mouyou. Second, a kill Wang and a robbery has causality physically, psychologically. To B, a to kill Wang belong to the two common robbery in the amount of surplus.   

6 A, B common robbed Wang debit card, and obtain the password, show that the A, B has the common use of Wang debit cards take the money of criminal intent, two belong to the conspiracy. Although B an excuse to leave, but did not explicitly inform each other of their suspension property crime and thereafter, so not out of complicity, does not constitute the crime of theft suspension. A self use debit cards used in machines, constitute the crime of theft accomplished, B also constitute the crime of theft crime.   

Final conclusion: A and B, constitute the crime of robbery crime, accomplished the amount of five thousand yuan, which belongs to the robbery of housebreaking. A the other B which constitute the crime of homicide, robbery causing death. A and B, constitute the crime of theft crime. On a robbery. The crime of intentional homicide, theft, the combined punishment for several crimes. On B to robbery (to death), theft, the combined punishment for several crimes.

Nine.

Case: Shi and Zhong often kill and rob the partnership. One day, two people will be a company's accounting and cashier containment in an alley. Shi hijack live accounting, cashier cash requirements, otherwise kill accounting. Zhong in the alley a lookout on the stone, a shout: "hurry up!" Shi was a knife to kill the accounting, and then a knife to kill the cashier, cashier and picked up the safe from the ground. Two people fled, open the safe, found only two credit cards and teller ID. The spoils, including a credit card without password, to Shi; another credit card is provided with a password, to clock a. Tenth days after the break up of a cheat, Shi Wang said: "this is I cheated a credit card, you help me withdraw to the ATM, I give you the money." Wang promised to do it, took out 10000 yuan. Later, Zhong Mou to bank, show the teller ID, request the loss of credit card fraud, and then re submit a new credit card, and asked the bank staff will fund 30000 yuan the original card in at a new card, bank staff know and do.   

Question: please according to the criminal law theory, a comprehensive analysis of the case.   

[answer]   

1 Shi and Zhong crime   

(1) two people constitute the joint crime of robbery crime, and all belong to the "robbery causing death," the accounting and cashier is responsible for the death. Although the clock is a no kill, but cannot think Shi homicide belongs to excess, Zhong Mou to stone a murder is expected, so the stone a homicide responsibility.   

(2) Shi does not constitute the crime of kidnapping. Although the stone a hijacked accounting, extortion to the cashier, but because the accounting and cashier have close contact in the field, can be used as a whole, therefore, Shi does not constitute the crime of kidnapping, and constitute the crime of robbery.   

2 Shi and Wang's crime     

The common crime Shi Mou and Wang constitute the crime of theft, the theft amount is 10000 yuan. 3 minutes of a crime  Zhong Mou constitute the hindrance credit card management and the crime of credit card fraud, one felony punishable.       

Ten.

Case: he and Wei a conspiracy to kidnap and extortion, to a company boss Lee's home, home only nanny. Two people that: "we are the driver Lee, Lee let us pick up the kids Xuan show" nanny, ignorance will child Xiao Li (female, 12 years old) to he and wei. Two people will be Li in a derelict warehouse, and then to call Li Mou for 500000 yuan. Lee does not promise. Weimou very angry, he raped li. He saw Xiao Li kept crying, very poor, that children will go. Weimou refused, he would go alone. Weimou see not to extort money, they want to sell go out looking for a buyer Xiao Li. When the warehouse only the Li people, Xiao Li will break the rope, ran out of the door of the warehouse, but just out from the vehicle was killed. After he returned home, a disturbed mind, will take the initiative to the police, said Wei Li a still in custody. The police soon arrived on the scene, waiting in the warehouse, when Wei with buyers Chen went to the warehouse, they arrested Weimou and chen.   

Question: please according to the criminal law knowledge, comprehensive analysis of the case.   

[answer]   

1 he and Wei   

(1) where a common crime and Weimou constitute the crime of kidnapping. Note, two people do not constitute a crime of fraud, but not the triangle fraud. When two people will be Li control after the hand, they constitute the crime of kidnapping crime. Since then, he left, does not constitute the crime of kidnapping suspension. Because the crime does not constitute a crime may be suspended. At the same time, although the two no blackmail to property, does not affect the kidnapping crime.   

(2) a rape Li Wei, which constitute the crime of rape, and belongs to the carnal knowledge of a child, should be severely punished. Weimou rape Li's actions, and he has nothing to do, he do not bear criminal responsibility.   

(3) Li fled home was hit by a car, he and Wei are not responsible. That is, only two persons constitute the crime of kidnapping, but does not belong to "kidnap death". Because the "kidnapping" death caused by the death of the requirements and kidnapping itself has a direct causal relationship.   

(4) Weimou contact the buyer to seller, Xiao Li, constitute the crime of trafficking in children. Because of the reason, will not sell outside, so the crime attempted.   

(5) where a voluntarily to the police report, constitute a surrender. It points out that Weimou crime place, does not constitute a crime. Because this is what constitutes surrendered required a statement content. The establishment of joint crime to surrender, must be confessed accomplice.   

2 Chen   

Chen constitute the crime of buying abducted children, due to causes beyond volition did not succeed, so the establishment of the attempted crime.

Eleven.

Case: Xue to burglary, in turn the walls by security guards found it to escape, security capture Xue, Xue had security stun on the ground. See the security has faint in the ground - over the wall into the house, found a suitcase, took out the door, the owner of a just returned home after the discovery of the history, and ran xue. Xue tried to escape. At this time a friend Xue Jia a pass by, see this scene, we see a crime was due to Xue, then down a history, caused the injury, help Xue escape. But Xue did not know this. Xue returned home to open the suitcase, find a can claim insurance policy and a number of counterfeit currency and a pistol. After a pretend to be insured Xue Shi claims to insurance companies, claims personnel know they compensate pays insurance gold 60000 yuan. Xue will counterfeit 50000 yuan as a real coin gifts to friends; the pistol is always stay at home. After the Jia a suspected fraud arrested, take account of their help Xue a theft escape facts, and provide their own after the crime recently mastered Xue a current address, the police and arrested xue. Xue was arrested, confessed their burglary, also account for their insurance scam, but conceals guns.   

Question: please according to the criminal law theory, a comprehensive analysis of the case.   

[answer]   

1 Xue a crime   

(1) Xue a wounded security constitutes the crime of intentional injury, not constitute the crime of transformed robbery after the event, because the theft in preparatory stage.   

(2) Xue constitute the crime of theft accomplished, but does not constitute the crime of transformed robbery after the event, he and not to resist arrest, to master a history without the use of violence, and a history of violence to Jia a, Xue did not know this. Two do not constitute joint crime.   

(3) Xue defrauds insurance money acts constitute a crime of fraud, and does not constitute the crime of insurance fraud, because the main Xue a does not have the crime of insurance fraud identification.   

(4) give Xue will counterfeit money to a friend, constitute the crime of using counterfeit money.   

(5) Xue Mou does not constitute theft of firearms, because at that time did not recognize the guns, but the gun has been placed in the home, illegal possession of firearms.   

(6) Xuemou arrested, confessed their burglary, is frankly; confess his swindle insurance gold, constitute the special voluntary surrender. Although no gun crime, but does not affect the establishment of surrender to defraud insurance money.   

2, the criminal responsibility of   

(1), a wounded a history of committing the crime of intentional injury, and the crime of harboring a criminal. Jia common crime and Xue Mou does not constitute the crime of theft, Jia also not Xue a theft of the one-sided abettors, because Xue a theft has accomplished. At the same time, Xue and Jia doesn't constitute the crime of transformed robbery accomplice afterwards, because some of the behavior of Xue Jia uninformed, Xue Mou does not constitute the crime of transformed robbery after the event.   

(2), a confession of his help Xue constitute a special voluntary surrender, to help arrest the Xue a meritorious service. Note, if Jia Mou provides Xue one address is Jiamou in helping Xue a crime before the master hiding address, does not constitute a crime.   

Twelve.

Case: Wang and Li (military) wife Wu Mouxian is adultery, and then the long-term cohabitation, form the fact that marital status. After Wang Mou's wife Tian found Wang and Wu. One day, Tian call her brother ODA et al., went to a hotel, out of a room, see Wang and Wu Mouzheng lying in bed chatting, they rushed to beat Wu, and ODA et al. Wu's clothes stripped, and Wu, parade in the hotel corridor, and so Xiaotian will these situations for video, as after a divorce lawsuit evidence. After ten minutes, in order to moreHate, Tian et Wu held to a room, in a sack, tie the bag, pushed into a corner, but found that Wu in the sack non-stop struggle. Tian et al. Then from the sack out will wumou foot neck with the rope around, to prevent their escape. The morning of the second day, Tian et al to see Wu, found that Wu had choked to death, the bridle is not Wu's ankles, but Wu's neck. See this scene, Tian et al hurriedly fled the scene. After the ODA for profit, will spread the video data recorded Wu naked to the internet.   

Question: please according to the criminal law knowledge, comprehensive analysis of the case.   

[answer]   

1 Wang and Wu   

Wang constitute the crime of destruction of military marriage, Wu constitute bigamy. Note, Wu does not constitute the crime of destruction of military marriage.   

2 Tian and Tian et al   

(1) these people constitute the coercive indecency, insulting women sin. The crime is women's sexual shame, the establishment of this crime does not act with stimulation of the objective. Insult crime is one's reputation. If the violation of women's sexual shame, constitute the coercive indecency, insulting women sin.   

(2) these people constitute the crime of illegal detention. The crime of illegal detention causing death, should be increased punishment, this is the aggregated consequential offense. According to the criminal law, the use of more than detention itself illegal detention of violence, death caused by negligence, should decide the crime of intentional homicide, this is legal fiction. In this case, the subjective is to use the detention itself violence, objectively use beyond the detention violence, this error should be based on the subjective set, also the crime of illegal detention caused nine death, but not the crime of intentional homicide.     

3 ODA     

Xiaotian constitute the crime of spreading obscene articles for profit.        

Thirteen.

Case: Lee chance to obtain an antique, but not very valuable. Wang in the Li Moujia guest see the antique, secretly marvel, they pretend not to understand, ask Li the antique value. Lee reply to the value of 20000 yuan. Wang said: "this kind of thing like my father, I give you 30000 yuan, can sell to me?" Mr. Lee see friends, then promised. Later, Li Mou that the antique value 500000 yuan, asked the king to a compensation. Wang ignored, also a dig. Li went to King Wu at night to sneak into the home to steal back the antique. Lee thought Wang will doubt yourself, hurriedly put Wu night in the manufacture of gas poisoning the Wang family killed. After the identification, Wu placed in Wang Mou in the gas tank no stock, not enough to cause death. The Wang family survived. Lee can not be reconciled, they instigate Wu ambush in Wang Mou nearby to shoot wang. When Wang's brother came out from Wang Mou, Wu think Wang is shot and killed a brother.   

Question: please according to the study of science of criminal law, the analysis of Wang, Lee and Wu's criminal responsibility.   

[answer]   

1 Wang constitute crime of fraud. Although Lee prior to the antique value has the mistake, but Wang active use of Lee's mistake, cause Lee mistake punishment based on property. If Wang is not active behavior, Lee is not based on the cognition errors of punishment of property.   

2 li instigating Wu theft, two people constitute the joint crime of larceny, and the accomplishment of a crime. Although Wang constitute crime of fraud, but the antique has smooth possession, but Wang is also paid a certain price. Two people also belong to the burglary theft.   

3 li instigating Wu kill Wang, two people constitute the common crime of intentional homicide, but the attempt of crime. Although the subsequent identification, Wu means of killing of human life is not in any danger, but the type of behavior, from a general point of view of judgment, the behavior of human life is in danger, just by chance and did not succeed, so it is not means can not make the innocent, but should be attempted crime.   

4 Li instigating Wu shoot Wang, two people constitute the common crime of intentional homicide, and accomplished crime. Although Wu produced the same crime object within an error, but according to the statutory compliance with said, Wu composed the crime of intentional homicide crime. Then, the instigator of Lee also constitutes a crime.

Fourteen.

Case: Yemou suspected his wife of adultery and chen. One night, Yemou tracking two people, see two people into rental housing, and called a friend Wang Mou, together into rental housing, beating Chen, Chen asked bullying, "public or private". Chen promised to private, Yemou demanded compensation of 100000 yuan, Chen only agreed to 20000 yuan. Yemou raised bench threatened to break his hands and feet, asked Chen signed compensation 100000 yuan voluntary book. Chen was forced to do it. Miss Chen to put away, then Wang remind Yemou: "he came, he denied, or took the opportunity to get the best money." Yemou thought justified, then asked Chen to call his father old Chen, the hand in 100000 yuan to Wudaokou hotel for the people. Old Chen agreed to meet in Wudaokou hotel. Yemou let Wang detain Chen, to meet old chen. In five L] hotels, Lao Chen asked to see my son to give money, Yemou disagree, just promise can call. In the phone, Lao Chen know son subjected to abuse, was very angry, raised a fist to hit miss. Yemou counterattack, old Chen knocked to the ground, and induced coma. See the old Chen coma, Yemou squat down and found the old Chen bag, then pull over, found that there are 100000 yuan in cash, take, also called the king Moufang man, surnamed Wang Chen release. Later, Miss Wang was arrested.   

Question: please according to the criminal law knowledge, analysis and the criminal responsibility of miss wang.   

[answer]   

On the Mou and Wang's behavior analysis is as follows:   

1 two people to use violence to force Chen signed compensation 100000 yuan voluntary book, constitute the crime of blackmail and impose exactions on, but does not constitute the crime of robbery. Although the two uses violence on the spot, but was forced to write letter of indemnity, instead of on the spot to plunder property. One day after Chen whether compensation is a freedom of choice. Xie Mou, Wang Mou does not conform to the crime of robbery "unable to resist and forced to pay property" requirement, does not constitute the crime of robbery. Ye behavior does not belong to the legitimate rights, because of the violent intimidation, range has exceeded the normal exercise of rights.   

2 two people detained Chen, to the old Chen for 100000 yuan, should be based on the kidnapping crime, rather than in the unlawful detention crime. The provisions of the criminal law, the illegal seizure of others for repayment of the debt, setting the crime of illegal detention. Here, although the law does not protect the debt includes debt, such as gambling, loan sharking, but also requires a reason according to some basic consensus and. If the debt is create out of nothing, made the fraud set up debt, through intimidation created debt, debt is not here. Although Yemou demanded compensation is Chen and his wife of adultery on, Chen also promised to compensate, but only agreed to 20000 yuan. Only through the threat of violence unilateral claim 100000 yuan debt, has constituted the crime of blackmail and impose exactions on. The crime of blackmail and impose exactions on unilaterally imposed debt debt not here. Therefore, on a, Wang Mou should not be unlawful detention crime, and should be based on kidnapping crime.   

The 3 Yemou to Lao Chen into coma acts constitute the crime of intentional injury, not in self-defense, because Yemou defense Means and Lao Chen's behavior is not quite.       

4 take away 100000 Yuan Ye old Chen acts constitute the crime of theft. This behavior does not constitute the crime of robbery, although Yemou and meet old Chen have intention to 100000 yuan, the purpose of illegal possession but the intention is not in the robbery, but a transaction intention. This behavior can not be the crime of kidnapping absorption. The crime of kidnapping is absorbed at le for fraud  Property, and no absorption obtained property theft.