Analysis of criminal cases

1,2The 001 years to 2003, Chuan Xiang Ruzhou Python at the age of 34 he worked in the countryside in a mine, and mine director at the age of 53, a relationship between the ambiguous. At the end of 2003, Wang Ling Cun mang Chuan Xiang song, song Moumou active and as a contact, ask a whether there is an enemy, that can find someone for a tidy up the enemy, condition is let a little money, Ren Mou says to wait. In 2004 March, the song to find a mention this, as a prompt let song someone to pick up where the husband of a LAN a.

In 2004 April, Ren Mou through he learned the Cleveland, a work in a factory accommodation situation, telephone inform song, song, song Moumou to a factory to see LAN a accommodation, because many people feel unable to start, song Moumou have proposed using the gasoline in LAN a living room door burning blue a. April 30, 2004 morning, song, song Moumou buy gasoline to LAN a host plant, gasoline will be poured into the blue room door, after the fire escape. LAN a see the door after a fire emergency, the accommodation of Dong XX et al put out the fire, LAN a burn (slight injury). As a learned that blue is not enough damage, namely the phone told Song Wuzhao, song promised to someone to pick up LAN a. In 2004, late November, early December, the song has mustered song XX, Chen Moumou, Yu Moumou (are dealt with) several times to Ruzhou City, python Chuanxiang, injuring LAN to Lan Road, a home to intercept, but because the blue did not succeed not found, after the public security organs catch.

2, the defendant Bai Junlong contracted cropland of 5 mus of responsibility, in order to income and a watermelonBut the badger, watermelon seedlings by, for the protection of watermelon seedlings from damage, successively adopted on the pesticide, fencing and other means of prevention. In late May 2004, the defendant Bai Junlong to prevent the badger, will be mixed with "3911" (potassium phosphate pesticide Mix) three egg on his watermelon fields. In May 26, 2004 13 when make, home village 10 group of villagers Liu Guihua with his son Han Mou (4 years old) with adjacent to Bai Junlong pulling seedlings, Han Mou to play Bai Junlong in death eating watermelon, mixed with pesticides after egg.Bai Junlong's actions constitute what crime have two different opinions:

The first view is that the defendant Bai Junlong will be mixed with pesticides on Watermelon in the egg, the subjective purpose is to small animal watermelon seedlings poison damage, not to the dead of medicine; may cause some people eating consequences, which have already foreseen, but think, will egg put in watermelon Li, no one is picking up food, resulting in Han Mou eating death consequences, are overconfident negligence. Therefore, the defendant Bai Junlong's actions were negligent crime of throwing dangerous substance.     

The second view, the defendant Bai Junlong will be mixed with egg and pesticides into his own melon, the intention is to poison damage characteristics of small animal. Bai Junlong is too confident, that man is not to eat, but ignored the special group, the subjective aspect of its behavior into the comprehensive overconfident and inattentive. Bai Junlong of throwing dangerous substance place away from the village of residence, seedling was only two inches high, has not yet broken film, not enough to attract others to its own land, and the emergence of others not allowed to wander into the situation in the field, Bai Junlong has set up barriers and other obstacles, so from the hazardous substance release point, is not enough endangering public safety. Because of the dangerous substances running behavior caused by the consequences of child deaths, have the society harm, it should be based on negligence death penalty conviction.

The third view, Bai Junlong will be mixed with pesticide egg on Watermelon in the conduct was willful, knowing that their actions will cause socially dangerous consequences, and allows such harm the social result, is a kind of indirect intentional behavior

Question: what do you think? Please explain why.

3, Wang Mou on the night of December 5, 2003, a Sino Japanese joint venture company office building, using the drilling window, lock, general manager of the company to enter the room, stolen laptop computer 4, 2 mobile hard disk, digital camera and only 1 cigarettes, album and other objects, the total value of more than RMB 5 element. After the theft, Wang to see notebook computer the theft in the text is in Japanese, he cannot read cannot be used, at the same time, Wang thought that the computer has important data of the company, the relevant staff will call for the company, said the computer in its hands, in order to get computer, collect 30000 yuan to the designated credit card account (Wang used fake identity card to the bank for a credit card). The company had to report to the public security organs. The public security organ allows the company to collect 10000 yuan to the credit card account, was arrested by security officers Wang to go to the bank withdrawals.

In 2001 4, during October, deputy general manager of the defendant Huan Gengan in Jiangsu Longshan affinity of agriculture and animal husbandry Co., a unit in order to benefit from Wang Haoming (handled separately) to buy 20 kg of diluted clenbuterol hydrochloride (commonly known as Clenbuterol), arrangement of Jiangsu Longshan affinity animal husbandry limited company employees will clenbuterol hydrochloride mixed feed in raising pigs, for more than 100, were sold to Hu, Han Zhong, Zhao Zhiwei (dealt with) after slaughter in Jiangyin city and Yizheng city market, the illegal income of about 70000 yuan. The younger the diluted clenbuterol hydrochloride 11 kg.

5,Wang four years ago to know du Mou, a day of two people of a dispute for trifles, Wang Mousui Generation Kill Du Mou to Dutch act of thought, while night unmanned when removed from the pillow to prepare in advance of a triangular scraper peacetime repair tractors to stab Dumou chest, second knife stabbed Wang because a dodge only hurt, Du Du Mou left season ribs. Subsequently, Du Mou took a triangular scraper will throw on the ground. Du Mou bleeding, ask Wang to send them to the hospital, Wang said: "do not go, went to no avail". Du Mou still need to go to the hospital, Wang said: "you have been stabbed two knife, no use." Du Mou is called the cold to Wang go to another room to hold by heating, while Wang go to another room for him was the occasion, Dumou fled the scene, the neighbors rushed to hospital. After identification, Dumou injury constitutes a slight injury.

In the case that the crime of intentional homicide have no objection, but to Wang Mou of the accused person crime is the criminal attempt and discontinuance of crime have different opinions.

A kind of viewpoint thinks: Wang's behavior belongs to the discontinuance of crime, the reasons are: 1) Wang is the implementation of intentional homicide behavior but not death results; 2) objectively Du Mou in was stabbed two times and not immediately after death, although the victim take knife behavior, but not enough to prevent a continued to assassinate king, it has the condition, has the ability to continue the implementation of the assassination of behavior until Du Mou died immediately, but it did not continue to kill, but to stop the implementation of repeated violations that belongs to "can not", did not appear the death reason will within the genus. 　　　　

Another view is that: the behavior of Wang is the criminal attempt. The reason is: 1, the defendant is to stop the implementation of repeated violations, death results are not objective, because of the mistake in the assassination of two knives, behavior has been completed, the two knife stabbed to death, there is no need to continue to implement; 2, in Wang Mou think stab sword two sufficient induced Du Mou death, namely in Wang Mou think crime has been waiting for the end of crime occurs in the process, so the initiative will Du Mou rushed to hospital to prevent the occurrence of crime result, and effectively prevent the occurrence of criminal results, to the suspension of crime. But Wang did not carry out any prevent the result of crime behavior, although did not appear to cause death crime results, because the stab sword two to the surprise and the thorn in the bones and others will Du Mou rushed to hospital results, for reasons other than it is Wang will, therefore, cannot be the discontinuance of crime, but should be attempted crime. What's your opinion?

6, Li Mou and Wang Mou of husband and wife, two people often quarrel for Lee's having an affair, and Wang refused and Lee divorce. One day Li and Wang divorce in order to achieve the purpose, plot against the king, then take out guns to fire because of Wang, Wang dodged in time, the first shot missed. This time Lee has the condition to shoot Wang to continue, but he remembered his and Wang has years of husband and wife, will automatically give the shot Wang behaviour.

So Lee of desistance of crime? Be exempt from punishment or mitigated punishment, or may be given a lighter or mitigated punishment.

7, May 29, 2003 at 8 pm, the defendant Ma Xiuzhi while their scores village villagers Zhu Dongxian family unprepared machine, will be a pack of tetramine in the kettle in the kitchen. Returned for repentance and told her husband, the husband and wife two people immediately to the home of Zhu Dongxian, explained the details of Ma Xiuzhi drugged, and Zhu fallow cleaning kettle. For Zhu Dongxian and his family thought to scare people and did not pay attention to, not carefully cleaning. At noon the following day, Zhu fallow wife eat the inside the kettle of water to do after the poisoning, by emergency escape.

8, the defendant Ye Hong in March 31, 1993 and November 20, 2003Two times for theft, theft of the substance and the total cash value of 15241 yuan, also stealing military pistol, and sold to the others. As follows:

 1) in 1993 3On Sept. 31, the appellant Ye Hong came to town Dawu County Yixiang restaurant behind, breaking and entering to the police Chen Miao home stolen, "6.4" type pistol 1, bullet 4 hair, 1000 yuan in cash, gold necklace 1, tremella ring 1, a treasure flower fall to 1, cash and cash totaling 2363 yuan. The same year, Ye Hong will be in Yichang the pistol to the taxi driver, much money 800 yuan. In January 18, 1995 the Gezhouba Dam police department SWAT team will the pistol seized, concurrent to Dawu County Public Security bureau.

2) the afternoon of November 20, 2003, the appellant Ye Hong came to the city of Yidu Lu Cheng pen in the village five groups, use a screwdriver to pry open the back door into the Li Xuquan home, in the electronic dictionary gold earrings and ring camera two building stealing cash 3500 yuan, 6000 yuan worth of 1, value 2160 yuan 1, 400 yuan worth of Jade Bracelet 1 only, the value of 220 yuan. 1, the value of 598 yuan in cash and supplies for paragraph 1, a total of 12878 yuan. Stolen goods after the money has been squandered Ye Hong.

9, 2003 October, a Tuqiang Wang Mou of the accused person will home possession of repair for hunting. January 5, 2004, the defendant Wang and Chen, 9 people each holding a guns, at the junction of Chencang District and Qianyang county at the mountain demon hunt, when find Wang the gun from his shoulder, as firearms, hit Chen, Chen on the way to the hospital because of hemorrhagic shock death. Afterwards, the relatives of the deceased and Wang Mou of the accused person and other surrounding the hunter reached a settlement agreement, compensation for the loss of the relatives of the dead, the per capita is not. To April 21, 2004, a nearby villagers informed the local police station. The public security organ case investigation, causing the death of Wang Mou of the accused person in criminal detention for negligence, the procuratorial organs in negligence causing death, illegal possession of firearms and approval of the arrest, and for illegal possession of firearms crimes prosecution.

11, 04 years later in August 21st 8, Liu Zhaoyang on duty in the city post office entrance guard room, sleeping on the reserve center cashier Lin in the guard room bed machine, stolen Lin on the pillow of the vault door and vault safe keys. Then take a shower in the name of the head to borrow Treasury on duty police Zou take vault door key, to enter the vault room, open the door of the treasury from safe stolen cash 120000 yuan. After the incident, the money was recovered with back to the city post office.

12, May 6, 2004, Xie Mou for stealing a purse by Wang Wang caught, Wang Mou to send officials to the public security organ for handling. Xiemou for fear of being investigated for criminal responsibility, initiative and Wang private money. Two people after the discussion, Wang agreed to by the Xiemou call Xie wife, let Xie wife with 5000 yuan to understand this, Wang will be Xiemou held in a nearby house. During the detention period, Xie Mou's wife thought Xiemou was kidnapped, then report to the public security organs. After the public security organs will Wang Mou captured.

A town of land Lee Department of Lushi County in 13, at the age of 37, the. In March 19, 2005, 16 PM, Lee drink driving license a van returned by the Lushi County Fan Li zhen. When the line to Fan Li Zhen Zhong Yuan Cun road, human tricycle collided with oncoming Fan Li Zhen Fan Li Cun resident song driving, causing song injured, after the death died the next day. After the accident, Li Mou inspired town government work with yang to assume responsibility for the accident, Yang set "scapegoat" status to the Lushi County Public Security Bureau Traffic Police Brigade "surrender", make up is he driving a false statement to replace Lee assume responsibility for the accident. In the process of the traffic police investigation, Lee, Yang voluntarily surrender, truthfully confessed his crimes. Identified by the traffic police department, full responsibility for this accident. Lee.

14, work in an insurance company, the Zhang Huayi years ago to meet a housing intermediary lu. Zhang Huawei Lu advances 2000 yuan insurance premium. 10 month 2 days, Lu to find housing intermediary in the gold rich (a pseudonym), said to him a 22 square meters house King Street, room 50000 yuan, 30000 yuan deposit, transfer to sell 60000 yuan. October 3rd, Lu said to Zhang Hua, King Street house to sell his mother, but the mother is not at home, must find someone posing as the owner, and promised to pay 500 yuan fee afterwards thanks. Zhang Hua then think of my sister Zhang Qiu. Then, went to the intermediary gold rich agreed Lv He Zhang Hua, the two Zhang Qiu sisters. In the car, Lu told Zhang Qiu to appear with the owner's identity, and told her "right, there must be less empty talk". Jinxin that really, he signed an agreement with the Lu Lu, and gave 30000 yuan deposit.

After investigation, signing Lu and gold purchase agreement and cooperation buckle real protocols are false. Later regret, Zhang Hua said: "I was just hurry back to me to give her pay insurance premiums, thinking usually get along, to do her a favor, for others without success to find my sister, is so silly." Zhang Qiu is a strength of said: "I thought was my sister's friend, to do her a favor, I can earn money, did not think she was a big liar, not only cheated us, with us to cheat others

 

15, Zhang is a distribution textile machinery of the self-employed, in June last year, Zhang to expand the business, from the labor market to recruit a name staff Liu, and the two sides also signed a contract labor. The contents of the contract are: Liu Zhang day responsible for sales of textile machinery, night guarding warehouse for Zhang, monthly wages 1000 yuan, but the goods damaged or stolen Liu must be responsible for compensation. In September 24th the same year night 10 Xu, Zhang by Liu the toilet on the machine, with their mastery of the key (Zhang warehouse door key and Liu Moudou) opened the warehouse door, robbing textile machinery 3, the value Renminbi 4600 yuan. The second day, Zhang with Liu lax supervision of goods stolen by the grounds, asked Liu ad valorem paid the damages to the goods, after Liu feel doubt, then report to the public security organs and the.

16, A, Zhang is a accountant, his wife the office canteen waiters, the son of a Sino foreign joint venture company cashier. Zhang and his wife together will canteen new a box of senior liquor stolen home. Three people conspire with false invoices for reimbursement of funds 100000 yuan a bureau. Zhang, his son with Zhao (Zhang Mouyou) with their subsidiary companies cashier duty then to 1000000 money to stocks.

17, March 31, 1998 morning, father Guijun carrying theft "five four" type pistol 1, together with the book into the suburbs of Changzhi City, Shanxi province to the West White Village Shen Manhong, to break the admission bricks shy towards the house, forced to ask for money. Shen Manhong called for reducing alarm, progenitor Guijun toward the house shot after, 2 people on the run. In April 21, 1998, two people in the Datong Railway Station, security personnel were found to carry guns, progenitor Guijun was arrested on the spot, to book into disarray ran home to hide, after their parents persuaded on the local township government confessed to the crime and the book. The problem:Zu Guijun, 1, to the book into two acts constitute what crime, as a crime? In April 21, 21998 Zu Guijun, the book was found to cause to carry guns in Datong, whether the illegal possession of firearms, the crime? Why? 3, in comparison with progenitor Guijun, to book into which the statutory mitigating circumstances?

18, since 1998 December has entered Cao Yang in Tianjin District climb the balcony burglary hundred, stolen goods worth more than 30 yuan. His wife Wang worried about her husband's accident, many times to the scene of the crime for the back. After the incident, the mother-in-law song afraid to get the money by the police confiscated, take the initiative to help her hide and transfer of stolen goods.

19, a 29 year old Xiao Sichuan people, migrant workers, to Tianjin to price and Tan 1200 yuan some agreement, a 13 year old daughter will Tan Xiao Yan to xiaomou to Tianjin, Xiao Mou Xiao Yan in a rented cottage, as his wife, and their sister took turns to watch over, not allowed to go out. Then Xiao in his sister with the help of Xiaoyan. The local residents report, the suspects were arrested.

Jilin Jin unemployed Han Mou, in 2001 February 12 day and night to sneak into the Hebei District factory warehouse, found that there were a large freezer (tens of thousands of dollars worth of), then the cabinet of the copper condenser tube after all pry remove and cut into more than 100 1 metre long tube (the equipment scrapped), in out of the factory by patrol arrested.

Reference answer

1, as a hired Song Mou by violent means to deliberately hurt blue column, causing slight injury, his behavior constituted the crime of intentional injury (attempted instigation). He knew a will get someone to husband LAN a disadvantage, still tell the LAN a accommodation, work situation, objectively help as a crime, his behavior constituted a crime, but the effect is small, accomplice. Be instigated (employee) injury Song Mou implementation due to causes beyond volition and did not succeed, the consequence is light, is the criminal attempt. The defendant as a for his intentional injury pleaded guilty to a better attitude, can reduce the punishment of the accused, he may be exempted from criminal punishment.

2, Bai Junlong will be mixed with egg and pesticides into his own melon, the intention is to poison damage characteristics of small animal. Egg mix "3911" pesticide is really dangerous substances, the victim Han Lei is only 4 years of age children, the pesticides egg eating mix, on the one hand because of its parent not to care, but also because of its basic does not have the ability to identify things, although Bai Junlong Ming people eat mixed with "3911" pesticide egg will kill, but evidence of "3911" pesticide smells great, egg mix pesticide into watermelon field is broken, taste great, and put into the watermelon depths, should be identified white Junlong belongs to over confidence, that man is not to eat, but ignored the special group, subjective aspect their behavior into the comprehensive overconfident and inattentive, objective aspects led to the children eating death consequences, so although Bai Junlong will be mixed with pesticide egg into watermelon field behavior is intentional, but not that Bai Junlong knows his own act will entail harmful consequences to society, and the harm of laissez faire the results of the society, is a kind of indirect intentional behavior, but should be recognized Bai Junlong's behavior as a result of negligent crime. Bai Junlong of throwing dangerous substance place away from the village of residence, seedling was only two inches high, has not yet broken film, not enough to attract others to its own land, and the emergence of others not allowed to wander into the situation in the field, Bai Junlong has set up barriers and other obstacles, so from the hazardous substance release point, is not enough endangering public safety. Because of the dangerous substances running behavior caused by the consequences of child deaths, have the society harm, it should be based on negligence death penalty conviction.

3,  A, Wang's behavior has constituted the crime of theft and blackmail and impose exactions on. In this case, Wang before and after the implementation of the two criminal behavior, one is for the purpose of illegal possession, secret filch RMB a value of 5 yuan of money, the two is the threat of a company, strong cable 30000 yuan, it should be said that Wang is the two act in accordance with theft and blackmail and impose exactions on the objective and subjective elements of crime.

    Between the two, Wang theft and blackmail and impose exactions on behavior is not necessarily linked, the two are independent of each other. In this case, before Wang produced with a laptop computer for cash, his theft crime has been completed. When the king found a notebook computer in the text is all in Japanese, feeling of no use to the computer, he produced the blackmail and impose exactions on intentional crimes, and put into operation soon, but because the stolen units to timely report the crime of blackmail and impose exactions on failed to Wang. From this we can see that, Wang theft crime and crime of blackmail and impose exactions on are independent of each other, in the implementation of Wang theft crime, he did not expect to use the stolen laptop computer to blackmail and impose exactions on, at the same time, he also is not in order to blackmail and impose exactions on implementation of theft crime.

    Three, the object of crime, not because the king is a subjective with 30000 yuan redemptive 4 laptop computer, that Wang's crime is only an object, or 30000 yuan, or 4 notebook computer. As mentioned before, Wang the theft amount is the value of 5 yuan of goods, including 4 notebook computer; Wang, blackmail and impose exactions on crime amount is RMB 30000 yuan, with 4 laptop computer as "exchange" is he to a disposal of their stolen goods, is only one of his the means of crime. Because these two behaviors are independent of each other, the object of crime of such infringement is different, so the object of crime can not be understood so mechanical, but simply that can offset each other.

    Thus, Wang's act of theft and crime of blackmail and impose exactions on (attempted), should be combined punishment for several crimes.

4, in accordance with the "PRC Criminal Law" article 150th, article 144th, the Supreme People's court, the Supreme People's Procuratorate "for production, sales, the use of banned the use in feed and animal drinking water drugs and other criminal cases of several issues concerning the specific application interpretation of law" third article and the Supreme People's court "for production, some the application of law to the sale of fake and shoddy merchandise" second criminal cases to explain the provisions of the first paragraph, the unit of Jiangsu Longshan affinity animal husbandry limited company to make production, selling poisonous and harmful food crimes, shall be sentenced to a fine of one hundred and thirty thousand yuan; the defendant Huan Gengan make production, selling poisonous and harmful food crimes, and sentenced to ten months, fined seventy thousand yuan.

The defendant Huan Gengan although the accused unit manager rather than the units of "top leaders", legal representative, but officials Gengan Department accused unit administrative person in charge, the legal representative Wu Yingsong and do not know the circumstances, Huan Gengan to units of interest to buy hydrochloric acid g Lentero, and inspire the employees with the feed healthy pigs to sales, the court held that the defendant Huan Gengan and head of the Department of personnel of Jiangsu Longshan affinity of agriculture and animal husbandry limited production, selling poisonous and harmful food crime directly responsible shall be investigated for criminal responsibility, should the production, selling poisonous and harmful food crimes.

5, agree with the latter opinion: Wang although "to stop the implementation of the assassination, also did not appear Du Mou death results, but the assassination, does not meet the" automatic "subjective state. Understanding Wang in the understanding there is no crime has not yet been completed, the do not think that the Du Mou death continue is still necessary to kill, the confession in court, did not continue to kill and not send Du Mou to go to the hospital, because "has been stabbed two times, has been of no use, not necessary." Although this kind of understanding is because at night without lights, do not see clear and not stab of error occurrence site, but this kind of wrong understanding is the reason for the outside the will, and discontinuation of crime required "automatic" is the fundamental conflict; then from will look, Mr. Wang did not give up crime intention and give up on the result of crime laissez faire or pursuit, it can accurately judge from the fact: in the since that the stab sword two has made Du Mou "useless", refused to Du Mou to the hospital cry. Such as Wang had to give up the criminal intent of crime and the laissez faire or pursuit, it must actively send Du Mou to hospital. Therefore, Du Mou stabbed two knife does not appear the death reasons other than the will is Wang, Wang Mou in subjective condition does not have automatic status crime termination, belong to attempted crime, and is fully accomplished, attempted crime.

6, Lee's behavior should belong to the discontinuance of crime, because Lee first firing behavior did not reach the purpose of crime, and Lee can have the condition was shot second times, so as to achieve the purpose of the crime of killing Wang, but Lee is automatically suspended the behavior. The waiver behavior is also effective to prevent the criminal result. Comprehensive to see, Lee's behavior should belong to the discontinuance of crime, and did not cause the occurrence of crime result, and so on shall be exempted from criminal punishment Lee on the.

Act 7, the accused Ma Xiuzhi of a discontinued crime of intentional homicide.

Ma Xiuzhi, out of revenge, in an attempt to kill the victim family delivery method for rat poison, and the implementation of this act. Rat poison into the victim's kitchen special kettle, rather than tea bottle buckets or other apparatus. A cooking three meals will use the water in the kettle. On the time selection in the victim's house after supper the night, dawn breakfast will occur when the Ma Xiuzhi tragedy of hope. Harm the behavior is limited to the victim's family, and will not cause harm to public safety. This and put poison in public eating places are different. Therefore, should not be "public" infinite extension, give extended application. Since the crime the defendant Ma Xiuzhi to specific people's safety, health and other public safety on unspecific majority does not constitute harm, then, Ma Xiuzhi's act is fully consistent with the "PRC Criminal Law" stipulates that the 232nd objective and subjective elements, should decide the crime of intentional homicide.

The defendant has finished home regret and told her husband in the crime, then two people of husband and wife common to the victim's description of the case, and require the poison on the kettle to clean up, then the result of crime has not yet occurred, the defendant Ma Xiuzhi has the condition to carry on the crime but give up crime. Unfortunately, because the consciousness factor, the family did not pay attention to, only a portion of the water drained, and no further clean-up, the noon the next day to use the water in the pot to do meal, cause people poisoning, by emergency escape. The consequences of not deliberately pursue Ma Xiuzhi. This has a direct relationship with Ma Xiuzhi to take remedial measures, the suspension of crime. Defendant Ma Xiuzhi's actual behavior caused some damage, so the conviction and sentencing, be given a mitigated punishment.

8, in this case the accused Ye Hong of stealing firearms and illegal trade in firearms act, constitutes an offense or crime, two? The second instance court of first instance, the same is based on the fact that, to a different conclusion: trial that constitute theft of firearms and the illegal trade in firearms, and give punishment; the second is that constitute theft of firearms, illegal trade in firearms crime one crime, not by the cumulative punishment. I agree with the second conclusion and briefly describes related problems:

 Differences on the theft of firearms and illegal trade in firearms crime, criminal law and criminal law in a 79 97 is the main cause of the case law applicable

79 of the criminal law 112nd stipulation, "illegal manufacturing, sale, transport of guns, ammunition, or theft, snatch the state organs, military and police personnel, guns and ammunition, a fixed-term imprisonment less than 7 years; if the circumstances are serious, department for more than 7 years of fixed-term imprisonment or life imprisonment". While the 97 were in accordance with Article 125th of criminal law, illegal trade in firearms, 3 to 10 years in prison; in the provisions of the second paragraph of article 127th, theft of military and police personnel guns, more than 10 years imprisonment, life imprisonment or death. The charges were "illegal trade in firearms crime" and "the crime of stealing firearms".

 According to "the old and light" principle, the case should be applied to 79 Criminal Accused Ye Hong of stealing firearms and illegal trade in firearms act of conviction and sentencing, read the 79 article 112nd of the criminal law, if the defendant Ye Hong stolen guns and illegal trade in guns are not the same gun, then based on the theft of firearms act and the illegal trade in firearms behavior are two different behaviors, violations of different objects and object, so can not because of the behavior are in accordance with the law, was only a crime behoove. For any two criminal behavior does not accord with the principle of criminal law in a number of crime only a crime (such as crime, implicated offense absorption), but only with 97 criminal law, crime and punishment is determined as two. But due to the defendant Ye Hong stolen guns and illegal trade in firearms is the same gun, then control 79 of article 112nd of criminal law provisions stated, there may be made as "smuggling, trafficking, transporting, making drugs" selective accusations consideration and recognition. This also applies to the case where the confusion of law.

9, Wang Mou of the accused person violates the crime of illegal possession of firearms and negligence causing death two, should be combined punishment for several crimes. The reason is: 1, the implementation of Wang two independent behavior, namely the illegal possession of firearms and overconfident negligence causing guns go burn human behavior, 2, the two kinds of behavior violates different charges, 3, Wang's behavior violated the direct object is different, the country about the guns management system and other people's safety, 4, this two kinds of crime should not be combined into a crime, which is not belongs to the combined offense, 5, the two kinds of crime is not implicated in the relationship, not because of implicated offense, implicated offense refers to the implementation of a criminal purpose, criminal methods or results, committing other crimes the. In this case the defendant criminal purpose to kill the national animal protection, crime method for illegal guns, results for negligence causing death, the implicated relation is only from the purpose and method, the result of crime, but not between methods and results. 6, the two kinds of crime should not become the absorbable offense, crime refers to a crime is absorbed by another crime, only to absorb the behavior to conviction, the absorption behavior no longer crime situation. The relationship between absorption two kinds of behavior is that the same process they belong to the implementation of a crime, there is a close relationship between each other. While the two act of the defendant has no absorption.

11, the implementation of the defendant's acts of theft and not by taking advantage of his position to facilitate, just use the behavior people familiar with the work of convenient, so the act does not constitute a special subject of the crime of embezzlement and other crimes, so the behavior of people for the purpose of illegal possession, secret stealing public property, if the amount involved is especially huge, its act of theft. After the incident, can take the initiative to explain the facts of crime, has surrendered plot, the money has been recovered, the mitigated punishment.

12, the behavior of Wang should decide the crime of illegal detention. The reasons are as follows: (1) in the case of Wang Mou to expose criminal phase coerce, extortion, blackmail and impose exactions on characteristics consistent with the crime, the crime to blackmail and impose exactions on. But the extortion of money at the same time, the means of crime of illegal detention act, belonging to blackmail and impose exactions on crime and crime of illegal detention of implicated offense. According to the implicated from a fault principle, should be based on the crime of illegal detention processing. Because the blackmail and impose exactions on crime is consequential offense, must have a large amount of this element to constitute a crime. In this case a due to the reason will not succeed, belong to attempted crime, be given a lighter or mitigated punishment according to law. The crime of illegal detention behavior of crime, as long as the implementation of the act to constitute a crime and prison, detention, control or deprivation of political rights to choose a penalty in the following three years, having beaten circumstances shall be given a heavier punishment. Therefore, in this case for the crime of illegal detention punishment than blackmail and impose exactions on crime. (2) in this case, Wang's subjective malignant is nothing more than want to knock some money, even if the objective is not up to also won't harm Xiemou health, personal freedom, not to make it a public security organ Xie treatment. For this reason, the Supreme Court judicial interpretation stipulates for illegal debt for the purpose, characteristics of stress by violent means, hostage - taking behavior accords with the kidnapping, nor the kidnapping crime. To sum up, in the case of Wang's behavior should be crime of illegal detention.

13, Lee in violation of traffic regulations, drunk driving license for motor vehicles, resulting in one death, his behavior constituted the crime of causing traffic casualties. The defendant Yang false proof, protect the perpetrators Lee, impedes the normal activities of the judiciary, the act has constituted a crime of shielding. Li Mou of the accused person, Yang after the crime can take the initiative to the public security organ to surrender, and truthfully confession crimes, is surrendered, but lighter punishment. In addition, although, Yang is rap behavior in Lee's behest, but two people do not constitute a crime, the reason is not the existence of its own to protect their problems, so the criminal for his crimes concealment cannot constitute a crime of shielding.

14, Lu fraud, Zhang sister help Lu fraud, but because the two did not help the intentional crime does not constitute joint crimes.

15, the case should not be fraud. Is actually an implicated offense, namely the objective behavior and means behavior implicated. Theft is the means behavior, fraud is the objective behavior. According to the characteristics and principle of implicated offense of conviction and punishment, the case shall be the crime of theft.

From Zhang and Liu for the theft of property ownership, although two people between upper and lower or subordinate not, but is in the Zhang of the thefts just from the macro management and control, and is the person entrusted Liu direct specific management, and the parties expressly agreed by the parties, if the goods damaged or stolen by Liu is responsible for compensation. Thus, although the master Zhang has warehouse key. This just provides convenient conditions for a certain he theft, Zhang to unlawful possession of property, can only be achieved by means of secret stealing, the toilet of the plane while Liu secretly steal property, not through the public way, therefore, secret filch is the basic characteristic of the case.

  Zhang's behavior belongs to according to the implicated offense, implicated offense "from a felony" principle. It should be the crime of theft of zhang. First, from the perspective of specific criminal facts of this case, theft crime to crime, as mentioned before, the basic feature of this case is theft, and larceny has accomplished, and fraud is attempted. From the specific crime, theft to fraud. Second, to see from the specific criminal law construction and legal punishment, crime of theft to fraud. In addition to the theft of financial institutions and cultural relics, for general theft constitutes a crime, the legal punishment of the crime of fraud and although is the same, but according to the provisions of the relevant judicial interpretations, fraud crime of amount as well as the starting point of starting huge amount and the amount involved is especially huge amount of standard, compared than theft, so, both, the crime of theft in fact, in the crime of fraud.

 

06 years of general criminal law judicial examination

A, single choice answer: (1 C2. D3. B4. C 5 A6. D7. A8. B9. D10. C)

1 on the legal principle of crime and punishment, which of the following statements are true?

One of the ideas of A. principle of legality is democratic, and habits can best reflect the will of the people, therefore, will be used as the sources of criminal law does not violate the principle of legality

B. principle of legality of the "law" includes not only the state legislature enacted law, but also for the highest organ of the State Administration of law

C. principle of legality is not conducive to the conduct of prohibition of retroactive, but allow for human behavior retroactivity

Part of the provisions of the criminal law of the crime of D. on condition of not describe, but stated that the accusation. This legislation violates the crime punishment legal principle

2 about causation, which one of the following options is wrong?

A. a intentional B and caused the injury, B was sent to the hospital. That night, the fire burned the hospital, B. There is no causal relationship between the harmful behavior and B a death

B. a homicidal intentionally to B violence, serious shock caused by B. I believe that B has died, to conceal Zuiji, ethylene and threw it into the lake, which was drowned. The causal relationship between homicide and B a death

C. A and B because of trivial dispute, to B chest like a thrust, which was a heart attack, died despite medical treatment. The causal relationship between behavior and B a death, whether to bear the criminal responsibility should be regarded a subjective on the set

D. A and B to C there, a see B to C food put in 5 mg and 5 mg of poison poison, know not to C death, hence in B unwittingly added 5 mg of poison, death by eating. 5 milligrams of poison a launch itself insufficient that C death, so there is no causal relationship between a poison and C of the death

3 a trafficking cigarettes, drive pass by a checkpoint, stopped inspection and law enforcement departments. The inspectors B is boarding check, a sudden start the car and ran out. Handle B seize the car door is not put, a from B, in the street suddenly slam, causes B head with death. A to B death mental attitude of which one of the following options?

A. direct intent B. indirect intentional C. overconfident negligence D. negligence

4 the following and not as a crime related statements, which statement is true?

A. a police received a report: who is murdered his wife. A immediately to the scene, but just stood watching, did not take any measures. At this time, county health bureau deputy director Liu pass by the scene, also did not rescue the murdered woman. The results, was murdered his wife. And Liu Moudou is a staff of state organs, did not perform the obligation of rescue, should establish the crime of Malfeasance

B. a very hate his nephew B (6 years). One day, a and B are out, three drunk driving hit B and quickly escape. B was lying in a pool of blood. A thought, anyway, not by accident, then left the scene. B died because they were unable to rescue. Three bear the duty of assistance because, so a does not constitute the crime of omission

C. a work at home, found the door put a bag of unknown source or origin, like flour. Article two days to get the laboratory testing, found to be heroin, and immediately poured into the toilet into the sewer. A although no drugs will be handed over to public security departments, but does not constitute the crime of illegal possession of drugs

D. "Fire Law" provisions, any person who finds a fire must immediately report to the police. Timely passers-by a fire without the alarm, causing the fire spread. A behavior was not as arson

5 the subject of unit crime, which one of the following options is wrong?

A. does not have the qualifications of a legal person of private enterprise, also can become the subject of unit crime

B. in specific provisions of criminal law only by the unit crime, can not be implemented by the natural person alone

C. branch units or internal organs, can become the subject of unit crime

D. set up for illegal and criminal activities of the company, enterprise, institution, or a company, enterprise, institution establishment, to commit as its main activities, can not become the subject of unit crime

6 A and B common robbery of housebreaking and causing death after separately to escape, a convicted of rape were arrested. During the period of custody to the public security personnel, a confession and B co committed crimes of robbery, and provides B guilty of the crime of intentional injury were held in another city of the relevant information, so that B committed robbery crime by the criminal prosecution. In this case, which of the following statements are true?

A. a behavior belonging to confess, but not set up special voluntary surrender B. a behavior set up special voluntary surrender, but not meritorious service

C. a behavior to set up a special voluntary surrender and meritorious service, but was not significant meritorious D. a behavior to set up a special voluntary surrender and meritorious services

7 of which one of the following circumstances should be punished?

A. in goods smuggling ordinary goods, by violence, threat, resisting customs

In the process of B. in drug smuggling, violence to resist inspection, if the circumstances are serious

C. in the organization of people to secretly cross the national boundary (border) exit process, using violence to resist the examination

D. in transporting people to secretly cross the national boundary (border) exit process, using violence to resist the examination

8 on probation, which one of the following options is wrong?

A. for B. is not applicable probation for the crime of endangering national security, not applicable probation

C. for the combined punishment for several crimes but punishment for 3 years following the criminals in prison, can be placed on probation

D. although the minimum statutory penalty for murder was sentenced to 3 years in prison, but as long as they comply with the conditions of probation, still can be placed on probation

9 on parole, which of the following statements are true?

A. paroled criminals, without the approval of the organ executing the speech, may exercise, publishing, assembly, association, parade, demonstration of the right to freedom

B. for murder, robbery, rape, kidnapping, explosion and other violent crimes criminals, even was sentenced to 10 years in prison, also may not be released on parole

C. for recidivism, as long as be sentenced to a penalty of up to 10 years in prison, can apply for parole

The criminals D. parole, during the probation period to commit new crimes, not the recidivist

10 a cutting is being used in the special railway line, in a crime, should be in accordance with the nail which of the following options?

Crime A. damage the public telecommunications facilities crime B. crime of sabotaging transportation facilities C. theft crime and crime of sabotaging transportation facilities in a heavier penalty

The crime of theft and destruction of D. public telecommunications facilities in the crime punishment heavier

Two, multiple-choice answers: (51 C D52. A B C53. A B C D54. A C D55. B C)

51 are over 14 years but less than 16 years of the implementation of which of the following acts shall bear criminal responsibility?

A. involved in transporting people to secretly cross the national boundary (border) exit, resulting in people being transported the death of B. involved in the kidnapping, causing the death of the hostage

C. is involved in forced prostitution prostitution as a group, forcing women to women, rape behavior

D. is involved in smuggling, smuggling and in the process of violence to resist anti smuggling, smuggling personnel injury caused by

52 a gun B, but because there is no aim and hit by C, C death. About the case, which of the following statements is true?

A. a behavior belonging to combat error B. a behavior belonging to the same crime within the fact error

C. constitute a crime of intentional homicide (accomplished) D. a form of intentional homicide (attempted) crime and the crime of negligence causing death

53 A, B, C conspiracy. One day, three people stopped to Ding, Ding the use of violence, then forcibly snatched the Ding's wallet, but the wallet contained only a small amount of cash, and a bank debit card. So a Ding debit card away, ethylene, propylene forced Ding pin. Ding said the password, three people with butyl to ATM nearby take money. Take money that the password is wrong, three people beat Ding, Ding to avoid suffering from more serious injuries, say the correct password, three people out of 5000 yuan in cash. The qualitative analysis of a, B, C behavior, which of the following statements is true?

A. robbery (attempted) and crime of credit card fraud B. robbery (attempted) with theft

C. (attempted robbery crime and the crime of robbery, blackmail and impose exactions on) D. (accomplished) with theft

54 which of the following statements is true?

A. a, B two people conspiracy to rob a taxi, ready to murder weapon and rope, stopped a taxi, that go to the suburbs to. The taxi ride to the checkpoint, the inspectors see a, B two people flurried will further examination, in the inspection of a and B, the intention of escape taxi caught. A, B two of the acts constitute the crime of robbery (attempted)

B. a late at night to sneak into a bank robbery, is in prize safe, heard a noise outside the window, think to the people, because of the fear of being caught is quietly escape. A behavior constitute theft (attempted) crime

C. a intent to kill B, after tracking, mastered the work every day on the route B. One day, a preparation for the murder weapon, to B must pass through the intersection waiting. In B after time's arrival, a thirst to the next to the store to buy drinks. To be a return, B for work in advance has been the intersection. A a B do not see through, get ready to go home, on the way home from the murder weapon exposure was captured. A behavior constitutes crime of intentional homicide (attempted)

D. a framing the intention of ethylene, and fabricated the so-called criminal facts B $100000 in bribes and adultery, wrote an anonymous letter to the people's Procuratorate anti corruption bureau. Procuratorial organs investigation found that does not exist with the facts, criminal responsibility shall be investigated for Yi Wei. A to B by criminal intent failed. A behavior constitutes crime of false accusation (attempted)

55 the following about the sentence within which option is correct?

A. control, criminal detention in prison, from the execution date B. the prison sentence, calculated from the date of the judgment

C. execution to fixed-term imprisonment is counted from the death sentence with a reprieve, expiration date

D. additional deprivation of political rights from prison, prison, detention is executed on the day or calculated from the date the parole expires

Three, uncertain item choice(96 A B C97. A B C 98 B C99. A B D100. B)

Party A and Party B and lessons of its common enemy C. Because B has his wife hates to C, C hidden kill heart, but not the Italian told a. One day, a and B, two people together to propylene. To ensure that no danger of anything going wrong, a, B to burglary by inviting unwitting Ding in the downstairs. Enter the third room, a, B and C were on the cuff and kick, caused the death of C. A, B two people immediately fled the scene. Fled the scene before a in B without consent from the third home box to take 50000 yuan. After going out, a carrying B from C to d that home stolen cash 30000 yuan, 10000 yuan to Ding, and then fled. During a run, I have a credit card, to B that the card is picked up from the streets, let B to the bank counter out credit card of 30000 yuan of cash. The crime property squandered, Ding due to a life without, surrendered to the public security organs, confessed himself and a common theft facts, but hiding afterwards know a, B to C the fact of death. Please answer the question 96100.

96 the C's death, the following on a, B should set up a crime what is wrong?

A. a, B both intentional homicide (accomplished) belongs to the crime, common crime

B. a, B both intentional harm (deaths) belongs to the crime, common crime

C. a set of intentional injury crime (death), B (accomplished) established intentional killing crime, not a common crime

D. a set of intentional injury crime (death), B (accomplished) established intentional killing crime, joint crime in the crime of intentional injury

97 the C death this plot, which decide the following to Ding related behavior is wrong?

A. Ding established intentional homicide accomplice B. Ding established intentional injury crime accomplice

C. Ding was robbery (to death) accomplice D. ding on C's death does not bear criminal responsibility

98 for a home away from C box 50000 yuan, Ding Wangfeng and had stolen the plot, which of the following is correct?

A. should be set on a robbery, theft of Ding Yingding B. on a, D behavior should be crime of theft

C. a, D to 50000 yuan to bear criminal responsibility for 50000 yuan D. a criminal responsibility, Ding only for 30000 yuan to bear criminal responsibility

99 for a and B, theft and credit card usage behavior, which of the following is wrong?

Joint crime of A. A and B, constitute the crime of theft crime B. A and B, constitute the crime of credit card fraud

C. constitute a theft, B constitute a credit card fraud D. constitute a theft, B constitute crime of fraud

100 for Ding's surrender behavior, which of the following is correct?

A. Ding although surrender, but hide a, B to C the fact of death, it does not constitute a surrender

B. Ding although a and B, C due to conceal the fact of death, but confessed himself with a common criminal facts, thus constituting a surrender

C. Ding constitutes surrendered and expose armor and their common crime establishment meritorious service

D. ding a frank but expose armor and their common crime establishment meritorious service