The classical criminal case 3

8Extort money. B case (that kidnapping)
A and B, C collusion extortion money. A and B and C (the son of Ding17Years old) acquaintance. One afternoon, a Ding invited to an amusement park to play, then the B to C call. B said Ding was kidnapped, so C send3Million yuan in cash to the agreed destination, no alarm, or kill ding. Propylene is worried about his son's life without warning, afternoon7PM prepared3Million to the agreed place. B made money after the notice of a, a subsequent breakup with Ding home.
Q: A and B, constitute what crime? Why?
9Misappropriation of others. Zhao luggage case (the difference between theft and embezzlement)
The defendant zhaomou inACity train station platform to see one just to get off the bus passenger Wang (female) with a child, stood5Pieces of luggage, asked whether they need to carry the luggage. Two people agreed by Zhao, Wang De4Baggage carried out of the station, Wang Fu to Zhao Yuan20Yuan as a reward. Zhao carrying4Baggage just exit, King's child was the station staff stopped tickets. See Wang busy show their tickets, Zhao was produced in an attempt to illegally occupy the king's baggage, while the king does not pay attention, the luggage away. In the luggage of RMB6000Element, value5000Yuan leather bag a and other items. After the case, the public security organs to recover all the money and goods, and return it to the owner wang.
Q: Zhao acts constitute what crime?
10Li Xiangbing embezzlement case (identified using fraudulent means theft)
2003Years8Month8Day, a college student Li Xiangbing (born1986Years12Month) bike to the park to play, ride to school nearby, the oncoming truck trailer carriage, the front of Li Xiangbing to ride to work with a company salesman Xiang Hongyan hanging upside down, Xiang Hongyan immediately into a coma. Hang the wallet falling on her bicycle, a bundle of RMB (gauge5000Yuan) thrown outside the bag. At this time, Li Xiangbing just ride to, will and the bundle of money purse (packet and5000Yuan) picked up, put together into his bag. The matter was riding up cadre, Xu saw, when Xu asked Li Xiangbing why put the wallet in his bag, Li Xiangbing said he and Xiang Hongyan is a way to go to the bank teller back, Xu did not dig. Li Xiangbing at the scene for about five minutes, and help rushed to the traffic police will Xiang Hongyan onto the car, and then walk away. Because Xiang Hongyan the wound heavy rescue invalid death, on the afternoon of the same day. Li Xiangbing will1Million yuan2000Yuan to buy books and food and drink, the balance in the bank. After the public security organs to trace the Hongyan million yuan's whereabouts, Li Xiangbing after hearing the fear of punishment, they will8000Yuan Cunzhe to the city traffic police team, and confessed it Qian after, says it is willing to return2000Yuan, accept the public security organs.
Q: Please analysis of criminal responsibility Li Xiangbing.
11Wang Erlang hurt (tax case handling of concurrence of imagination in the crime of obstruction of official business)
Wang Erlang is selling pork in Xixi farmers market on the individual households slaughtering.2004Years3Month5Day, the tax staff Liu to Wang Er pig slaughtering tax levy12Element. Wang Erlang not only not to shout abuse, but liu. Liu Wang Erlang preached patience to persuade the knowledge of Taxation, tax. Is Liu speech, Wang Erlang suddenly picked up the hanging of pork with steel pointed stick into the Liu chest, also forced stirring two. Liu chest immediately smoke a lot of blood. Liu was the watching crowd rushed to the hospital.
Ask:1If Liu was identified as seriously injured, Wang Erlang constitute what crime? Why?
2If Liu was identified as minor injuries, Wang Erlang constitute what crime? Why?
3If Liu was identified as slight injury, Wang Erlang constitute what crime? Why?
12Liu De embezzling overflow goods case (that, the object of crime corruption understanding errors)
Defendant Liu De, a collective ownership of the company clerk.2003At the end of the year, he and another salesman Chen Ming on behalf of the company in Guangzhou according to the contract acceptance37200Imports"Engine repair agent", Chen found the overflow goods phenomenon, namely Hong Kong multiple goods, Chen told liu. Liu Jingqing point that appeared overflow goods300Play, and Chen will not inform others of this. A few days later, Liu will be the300A repair agent per dozen280Yuan sold to individual operators to Wang, and Wang will be8.4Million payment to Liu originally workedSForeign trade company account.SForeign trade company financial personnel according to the general manager of the company's instructions, cash from the bank3.1Million to the liu. Liu to individual operators to Wang's name, fill out the loan to loan the name. Liu said after the murder,STo his foreign trade company3.1Million yuan, is his own original unit of work done8.4Million yuan"Contribution"The bonus. After the verification, the overflow of goods is210Play.
Q: (1Liu De) whether acts constitute a crime? Why? If found guilty, why?
(2) whether Liu De's behavior belongs to the unjust enrichment of civil law? Why?
(3Liu Dewu will belong to)NCompany90A repair agent as overflow goods sold is the nature of what? Why?
Case8Answer: B: blackmail and impose exactions on crime. Because a and B although is the use of C concerns over its sub Ding life and to extort money from propylene, but Ding did not really kidnapped, its life is not under threat. Kidnapping must have the behavior of illegal detention, it embodies the hostages free realistic restriction, if only to deceive sb to stay in a place, does not constitute the crime of illegal detention. Criminal law is the crime of kidnapping provisions very severe punishment, because it directly endangers the safety of the citizens. ; therefore, this process is called"Fake kidnapping extortion, really", to blackmail and impose exactions on conviction. A common plan blackmail and impose exactions on behavior, and to implement the crime, therefore constitute accomplice.
Case9: A: Zhao constitute the crime of theft, because the king is not to entrust his baggage, the baggage will be accounting for some of his behavior does not accord with the crime of Embezzlement"Legal possession, illegal embezzlement"Features.
Case10Li Xiangbing: A: the act of theft. Because Li Xiangbing knows that money is a dead Xiang Hongyan, still will take forcible possession of, constitute the crime of theft. The cheat Xu behavior does not constitute a crime of fraud, because Xu is not the master of money, not because of being delivered to his possessions.
In sentencing, Lee had surrendered, may be given a lighter or mitigated punishment, Li Buman18Years old, shall be given a lighter or mitigated punishment.
[Analysis]Take the dead: money, has been in a coma for people money, watch others out, knowing that someone else is dug buried good property, constitute theft instead of the crime of embezzlement, because the behavior is in the beginning with the property for the purpose of illegal possession of the property, and no legitimate to human behavior possession.
Case11Answer: (1) if Liu's injury is seriously injured, Wang Erlang constituted the crime of intentional injury. Because the crime of refusing to pay taxes should not include intentional injury causing serious injury behavior (2) if Liu's for minor injuries, Wang Erlang constitute crime of refusing to pay taxes. Because the elements of the crime of refusing to pay taxes"Using violence, threats"It involves the use of violence to tax personnel's behavior. The tax personnel injury, slight injury, only fixed tax revolt crime, not the crime of intentional injury. (3) if Liu's injury was slight injury, Wang Erlang constitute crime of refusing to pay taxes. The reason ibid.
Case12Answer:(1) Liu De's conduct constituted embezzlement. Liu De will be the other company to the company's goods sold privately, looks like there is no damage to the interests of the company, in fact. Liu De's company is not free to have spilled cargo, it must be returned, or according to the contract price. Therefore, if the goods do not exist, the company shall be liable to pay, so, Liu De is to take our goods sold privately and misappropriation of loan. Because Liu De company is a collective enterprise, so he constitute embezzlement.
(2) Liu De's conduct did not constitute unjust enrichment, because the body is not. The goods is not to Liu De, but to the company, Liu De company will constitute unjust enrichment.
(3Liu De's MIS selling behavior) still constitute embezzlement. Because Liu Deduo sold90A cargo is the property of the company