Wrong understanding of criminal law on the

One, the understanding of the law of error:

The 1 mistake not guilty guilty -- illusion made;

2 mistaken guilty guilty

3 of his crime in the crime, implementation of several crimes, sentencing has not properly understood

No matter what kind of recognition errorsDoes not affect theConviction and sentencing,According to the actual Punishment LawYou can.

Two, on the crime fact error:Treatment principles: subjective and objective consistent principle

(a), know to be false:

Behavior intention infringement of an object, and the fact that the violation of another object. ShouldIn accordance with the behavior of people convicted of violations of the object.

EG: a friend a B C caught by plainclothes police for theft, man is thought to have been the enemy caught, namely forward to beat to "save" a B C, C minor injuries induced by. In this case, a thought they were just going to deliberately hurt others, but in fact she was obstructing public business, because the man did not know this, so it is still in the intentional injury crime.

(two), understanding errors on substantive behavior:

An error occurred understood the real nature of the action of people for their own behavior. Due to the intentional behavior there is no crime, thus cannot take intentional crime, if the behavioral personThe fault, shouldFixed errorIf the crimeNo fault,The accident.

(three), error of cognition to behavior means: two cases

1 people mistook the starch when arsenic to kill others, although the actual harm results do not occur, because the behavior personHaveKillingDeliberatelyStillCompositionThe crime of intentional homicide (attempted).

2 people mistook the arsenic when starch cooking for others to eat, because the behavior personNo.KillingDeliberatelyAlso, even causing deathDo not constitute intentionalCriminal. If the behavioral personThe fault,Constitute negligenceCrime, such asNo fault, belong toThe accident.

There is a special case -- in the means of errorSuperstitious offense(because the behavior person extreme superstition benighted, the means of which do not in any case may cause harm to the theory of criminal law), is generally believed that the superstitious offenseNot be punished for the crime.

(four), error of cognition to behavior of object:

1 if a and B objectReflect the same social relationsThe behavior of peopleCrime and the crime shapeAllNot change. EG: a desire to kill Li Mou, results kill Wang, still constitute the crime of intentional homicide, and the accomplishment of a crime.

Specific meet saidHuman behavior: the mistake of object of crime, the only consistent behavior known facts and the actual fact specific, was intentionally the crime accomplishment. In this example, specific meet said that constitute a deliberate attempt to kill Li Mou and negligence Wang the imaginative joinder of offenses, the crime of intentional homicide (attempted) to punish.

That is to say, (the general)Error: think of the object of crime in behavior, behavior known facts and the actual fact is not specific, but this is not consistent, as long as it does not change the elements of the content, do not affect the formation of the state accomplished. That is, the behavior of human knowledge of the facts and the actual facts, as long as the composition range is consistent with the crime, on the establishment of deliberate accomplished offense. That is to say, the reason lies in the law is to protect everyone's life rather than a person's life, it is kill kill someone. In the example above, that is to say that the behavior people still constitute the crime of intentional homicide crime.

2 if a and B objectReflect different social relationsThe behavior of peopleCrime and the crime shapeItWill be different. EG: error to bear when people killed, constitute intentional homicide (attempted) crime; mistake when the bear to kill, not to set up the crime of intentional homicide, if the actor has fault negligent crime.

(five), combat error (also known as the method of error or error):

1 because the error behavior itself, leading to the object behavior person to attack and the actual victims not consistent.

The 2 strike error and the other is wrongDifferentIn: behavior and not on the object of crime, means a mistake, just hit occurs when the error, led the fight against wrong; other mistake is happened really wrong. For example, the rice when the ammunition stolen and not at the same time, people saw the rice and ammunition, but the error of stealing is wrong, but only see rice, think it is ammunition and steal.

3 hit the wrong species:

A,Recognize the error specific facts: refers to the behavior person to know the fact and the actual fact although inconsistent, but not beyond the scope of the same crime, which is also known as the same crime within the error. EG: a kill C is killing the third side Ding; B to be killed by dogs, was killed by the cat.

Treatment principles: "that is to say":People know the facts and the actual fact is not specific, but this is not consistent, as long as it does not change the elements of the content, do not affect the formation of the state accomplished. For example, the behavior to kill a person, but because there is no targeting and killing B, due to intentional killing B does not go beyond the constitution of crime of intentional homicide, therefore still acts constituted the crime of intentional homicide crime.

Understanding of error B, abstract truth: behavior of human knowledge of the facts and the actual fact, belong to different constitution of crime, which is also known as the error between the different constitution of a crime. EG: a kill C, was killed by a pet.

Treatment principles: the unity of subjective and objective principle:Not only according to the intentional content behavior or only according to the objective fact behavior of crime, and should be in the range of intentional content and objective behavior in the crime of unity. For example, the behavior to kill a person, but accidentally killed a pet, a safe and sound. Because the nail and nail pets embody different constitution of crime, therefore cannot because the pet died, on the set of the crime of intentional destruction of property (accomplished), but should be the crime of intentional homicide (attempted).

(six), mistake of causality:

Understanding errors on the causal relationship between the many cases, such as the behavior of people mistakenly think is this behavior own caused harm results occur, but the reality is that behavior led to the occurrence of the harmful consequences or behavior; this to a throw Ii Naka drowned, no water in the well, but more deep, a is dead the. These are the wrong concrete forms of causality, this kind of understanding error usually does not affect the establishment of a crime. But thisDoes not affect theCrime is a mistakeConditionsThe victim is still die, is because the harm behavior, just "death (expected behavior and the different)".

To sum up,Treatment principles of fact of the erroneous understanding of the constitution of crime is the subjective and objective consistent principle.