The new interpretation of criminal lawThe new legal protection to

Xu Guanghua

 

"2010," administrative law system to strengthen class lecture notes of administrative law eighteen project eighty-eight chart / Lin Hongchao

 

 ""2010 the latest judicial examination data

 

The first part: a few points on the outline explanation

A,Principles of Justice Department: the questions not this year's super class, especially in this year.

Two, we outline the significance: the delineation of the scope of judicial examination, as we advance learning this subject provides a frame structure. In addition, after the completion of a course, the outline is a directory structure diagram, can help us to things from the past memories.

When the exam controversial views on how to deal with: to the provisions of the criminal law as the foundation, combined with the three big. Not beyond the scope.

Three, how to see the outline of the changes? Three books: outline, outline, table three big changes.

The justice ministry outline description is only a superficial change regulations outline.

1 in fact, some of the content while no regulations outline of the changes, but it still has the very big change. Changes such as theft, robbery.

   2 some of the content, although there are changes in the syllabus, but still retained the fact. For example, the problem of criminal law in the possibility of illegal knowledge, although the criminal law has no provisions, but in fact it is required.

3 some of the content, although no prescribed program change, but in fact has been deleted. Such as accidental defense in criminal law, whether the crime, not specified.

4 originally, now have, but now the three big write very detailed, should be paid special attention to. For example, accomplice excessive problem.

   Change four, outline will re modify many questions in the criminal law point of view, especially the change law and theory

 [Conclusion: outline, three big combination.

 

The second part, the main changes of knowledge of the outline of the criminal law

A, effect of crime theory system of judicial examination

(a) the concept of criminal theory system

   1 concepts: the general elements of the establishment of the concept of crime and crime analysis, systematized theory, is the criminal theory system.

The 2 major crimes in today's world of theory system:

(1) to the countries of continental law system of Germany, Japan and other crime theory system: confkrmity of constitutive elements (compliance), illegality, accountability.

(2) the common law countries criminal theory system: the crime and criminal intent (ontology elements) + defense.

(3) the former Soviet Union and other countries of the criminal theory system: object of crime, objective aspect of crime, subject of crime, subjective aspect of crime. Our country is the.

Elements of 3 in China and Germany, the elements of the difference:

(1) our country crime is a crime is established, with the crime constitutes a crime.

(2) elements of Germany, Japan is only one of the elements of crime, behavior crime must meet with after illegal, liability to crime.

(two) changes in recent years, several judicial examination questions and the system of crime theory has it doesn't matter

   A case of 1 three book. In the forest met the scarecrow, thought is his own enemy, toward the scarecrow shot, the view is not treated as a crime, whether it is crime on the changes brought about by the system.

   2In 2005 7 Vol.2A late into the second home burglary, found that long hair wear calico pyjamas B is sleeping, the intention of adultery, flew in B body strong off their clothing. B after waking loudly yelled at, B found men were captured, flurried escape. A: (behavior)

A. belongs to prepare B. belongs to the attempted rape rape rape C. belongs to suspend D. does not constitute a crime of rape

   3In 2002 38 Vol.2At a headache powder as heroin cheat B, let B sell "heroin", then two in sharing the proceeds. B sold was 4000 yuan, but in the future and the spoils, the public security organs cracked. About the case, which of the following statements is true? ()

A. A and B constitute the crime of drug trafficking complicity B. a behavior constitutes fraud C. a belongs to the act of the indirect principal D. a belong to attempted crime

(three) effects of criminal theory system of case analysis problem solving

 

Two,Recent judicial interpretation, criminal law amendment

   To review the judicial exam angle.

The Supreme People's court, the Supreme People's Procuratorate "interpretation of several issues about the specific application of law in the handling of criminal cases the hindrance credit card management"

(by the Supreme People's court in October 12, 2009 1475th session of Eleventh November 12, 2009, the judicial committee of the Supreme People's Procuratorate procuratorial committee twenty-second Conference)

1, by illegal means such as robbery, theft using others credit card, not another credit card fraud. Reason: credit card behavior after use is the necessary stage for stealing credit card after the breakdown behavior, also belongs to the post is not punishable behavior.

Note: for credit card and using, credit card fraud.

Note: in 2010 three big points, illegally open other people's letters, and steal a draft or remittance cheque from cheating, a large amount of remittances, shall be in accordance with the criminal law on the crime of violation of freedom of communication and (notes) provisions of fraud, the combined punishment for several crimes in accordance with the law.

2, stealing, buying, cheating or by other illegal means to get othersCredit card informationUse, and through the Internet, communication terminal, set up the crime of credit card fraud.

3, in violation of state regulations, the use of point of sale terminal equipment (POS) and other methods, direct cash payments to credit card holders to fictitious transaction, price, or cash returns, if the circumstances are serious, shall be based on the provisions of article 225th of the criminal law, the illegal business crime.

 

Three, in today's world the alleviation of criminal law trend

    (a) the nature and function of criminal law

2008Year Book seventh(C. 25)

Note: This is a multiple choice, please choose one ask answer. The answer must be in the corresponding position on the answer sheet marked "1" or "2". Two questions are answered, only to write in the answer before the review.

Material Science.

One case: in September 15, 2005, B City housewife Zhang at home using a computer ADSL dial-up Internet access, the E pass way, the use of video and the common people are "nakedChat"The public security organs cracked. In this case, the B city S District People's Procuratorate to thePromiscuousCrime to S district court prosecution, after the withdrawal of prosecution.

Case two: from 2006 November to 2007 May, L County, Z province unemployed woman on the Internet in a paid "naked chat", "naked chat" objects throughout the country 22 provinces, autonomous regions, municipalities directly under the central government, seized on the computer chats with more than 300 people, internet bank transfer record 1000 over time, a profit of 24000 yuan. In this case, the L County, Z province procuratorate to transmit bawdy article profit charges, L county court in the dissemination of pornographic materials for profit and sentenced to a prison term of 6 months, 1 years probation, and fined 5000 yuan.

For the two network "bare chat" case, in the judicial process, for Zhang and a how to define the crime has the following three kinds of Views: the first view should decide the crime of spreading pornographic articles (Zhang) or obscene articles for profit crime (a); the second view should be gathered promiscuous crime; the third view "naked chat" does not constitute a crime.

Problem 1:

The two online "naked chat" case as an example, the law of individual freedom intervention the legitimacy and limitation from the perspective of Jurisprudence

Problem 2:

According to the principle of legality, the processing results on two online "naked chat" case

Naked chat behavior should not be regarded as promiscuous behavior. Moreover, even if it is more than three, in a private place licentious, also should not be regarded as the crime of group licentiousness. More than three adults, behavior based on the implementation of agreed in secret, because there is no infringement of public feelings of group licentiousness, behavior does not belong to the provisions of the criminal law. Only when more than three people with no specific or most people may recognize the licentious behavior, should only to the offenses.

 

(two) to distinguish the discontinuance of crime and attempted crime

2003Year 2 2A lethal highway robbery, night encounter B is violent, B is found in their acquaintance, will shout a name, a listen to stop, to B apology says: "I am sorry, wrong person." A behavior belongs to which one of the following circumstances? ()

A. the completed crime Suspend B. preparatory crimeC. is not the end of the attempted crime D. implementation phase of the discontinuation of a crime

2004Year 2 4The following case in which a set of crime? ()

D. Ding captures women Lee's wrist, and want to kidnap Li then sell. Li Wei escape, pretend to say: "I have a sexually transmitted disease, no one will want to." Ding Xin thought it become dejected and despondent, then left the site

   (three) on the surrender of the judicial interpretation

 

Four, about the interpretation of criminal law

   1 Changes: Criminal Law logical interpretation method of reducing species. Now only demanded to know: expanding interpretation, restrictive interpretation, of course, interpretation, against interpretation. The original system interpretation is deleted.

   2 system interpretation delete enlightenment. Still need to master:

(1) system to explain the meaning: with the overall explanation. The crime of rape (fornication with an underage girl), combining the criminal law on the crime of intentional provision, of course need to act knowing each other is the young girl.

2004Year 2 53Article 171st of the criminal law of the first paragraph. The preceding paragraph: "sell, buy counterfeit money or use forged currency and transportation, the larger amount, is less than three years imprisonment or criminal detention, a fine of twenty thousand yuan and two hundred thousand yuan fine." On this understanding, which of the following statements is true? ()

A. transport of counterfeit currency crimes act that is counterfeit, but the sale, purchase of counterfeit currency crimes do not require the actor is counterfeit money

B. according to the criminal law and the criminal law theory of intentional crime, sale, purchase of counterfeit currency crimes also with actor is the premise of counterfeit money

C. sale, purchase, transport of counterfeit currency crimes are intentional crime, but the transport of counterfeit currency crimes can only be direct intention, and the sale, purchase of counterfeit currency crimes can only be indirect intention

D. "be in twenty thousand yuan of above two hundred thousand yuan fine" means can be fined, but not be fined

Analysis: ACD.

(2) system interpretation does not require the same explanation to the same concept, criminal law terminology. For example, "violence" is a word, there are a number of provisions in the criminal law, the crime of obstruction of official business in the "violence" refers to the "minor injuries and the following", if it is deliberately causing serious injury, death, the establishment of the crime of intentional injury, intentional homicide; in the robbery, "violence" is extended to "deliberately homicide or intentionally injury" and other serious violence.

 

Five, close the constitutions and the Open Constitution of crime, in 2010 the program changed to: "the end of crime constitution" and the complement of crime, the content does not change.

The closure of 1 elements (elements end elements, closed): refers to the provisions of the criminal law within the specified components, made a complete description of all the elements of crime.

Elements of 2 open (need to add elements, the Open Constitution): refers to the criminal law only provides a part of the criminal elements of the other part, the judges need to supplement in the applicable situation. For example: not really not as a crime of what people obligation; negligence, duty of care required by law content.

 

Six, about the criminal intent of the possibility of illegal knowledge

In 2002 4 a man knows as has only 13 years old, mistakenly think that the law does not prohibit sexual intercourse young girl with the consent of the consent. So with the consent of the consent of our and Otome happened sexual intercourse. A behavior is under any of the following circumstances ( ?

A. illusion made, does not constitute the crime of carnal knowledge of a childMistake B. law, constitutes a crime of carnal knowledge of a child

The C. object recognition error, constitute the crime of carnal knowledge of a child   Mistake D. object, does not constitute the crime of carnal knowledge of a child

Analysis: B.

2008 2 4 A in the process of production and operation, do not know whether a certain behavior is illegal, and in written form to the Advisory, court official written reply of the legal acts. Then, a implementation of the act, but the act in violation of the criminal law. About the case, which of the following statements are true? ()

A. because of illegal cognition is not intentional understanding content, therefore, a still constitute intentional crime

B. no possibility of knowledge of illegality, so no crime

Although C. was not a crime, but the unpremeditated crime

D. is likely to set up a deliberate crime, may also be negligent crime

Analysis: B.

 

1 changes in the content: no elaborated as a special department, seems to be deleted. But the still in the cognitive factor in the criminal intention.

2.2010 years has three contents: the understanding of the nature of the act of. Generally speaking, to recognize behaviors happen harm the social result which is harmful to the society, nature will know this is forbidden by law. So there is no need to put the knowledge of illegality as the content of the criminal intention, in order to prevent the behavior person to escape sanctions. But if people do not know their behavior is illegal and it is not possible to know their behavior will cause socially dangerous consequences, it should not be considered a crime.

 

Seven, the proper business behavior

1 the provisions of the original: refers to has no legal, laws, regulations, but in social life is considered to be the proper business behavior. -- but, these actions should not go beyond the scope of this act. For example: (1) occupation of sports activities, as long as they follow the normal rules, will not be considered a crime. As the sport of boxing. (2) the medical behavior. As the doctor cut the patient's leg, organ, doctors have the right to choose their own feel appropriate treatment. Does not include human trials, patients required beyond excessive experiment. "Treatment in medicine is recognized, its essence is a effective and necessary safety, there must be a commitment or presumption; patients with promises to cure disease for the purpose. The human experiment does not belong to the proper business behavior".[1]But generally, human body experiment, approved by the test, causing no serious consequences, not as a crime. (3) the defense lawyer. In order to help the parties charges, may expose the victim's privacy.

2.2010 years of change, further defined the related content: in 2010 appointed book: "human experiment, switching operation, does not belong to the treatment behavior". Of course, change relatively minor operation, human body experiment, the general should not be punished for the crime.

 

Eight, in the classification of "common crime any common crime and the necessary joint crime" added "to commit"

   The relationship of crime, such as the bribery crime and bribery crime, may both constitute a crime, but not considered by the accomplice accomplice or not.

   The 1 parties in the law are defined as criminal charges, but different

   The sale of counterfeit currency crimes and the purchase of counterfeit currency crimes; the sale of special VAT invoice illegal crime and the illegal purchase of VAT invoices crime; crime of abducting and trafficking in women and children to buy, abducted women and children, the crime; acquisition of stolen goods and selling stolen goods crime; bribery crime and bribery crime;

   The 2 parties are stipulated as crime in law, and for the same

   Illegal trade in firearms, ammunition, explosives crime; illegal buying and selling dangerous substances in cahoots bids crime; crime; crime of bigamy; the sale of official documents, certificates, seals.

   3 party behavior in law is not expressly provided for the crime

Crime of selling infringing duplicates and purchase of infringing copies; cultural relics in sin and purchase of cultural behavior; traffic obscene goods crime and buy obscenity behavior of profit.

Buy pornographic articles even if active request seller to sell, nor does it constitute the abettor and accessory. However, if the other party does not sell obscene goods, and buyers actively promote each other, to persuade the sale of pornographic articles to own, then set up the instigator.

 

Nine, accomplice excessive problem (P57)

Key 1 three big elaboration: accomplice excessive, especially the coincidence limit three big problems, put forward clearly.

2 previous reproduction:

2009Year 2 6On the instigator, which of the following statements are true?

A. a to B the rape of women under the age of 16 C, but B just robbed by property ten thousand yuan after leaving the scene, a should constitute the crime of rape, robbery crime abettor

 

2008Year 2 61 SichuanA, B, C, and to "severely punish" their common enemy ding. To Ding Jia, a lookout at the door, ethylene, propylene in playing ding. But only Ding buddy Tian at home, ethylene, propylene mistook the physical characteristics and Ding Ji similar Tian as Ding were beaten by Tian, strong resistance and abuse, two people were lifted the bench and vase to the Tian on the head, will be killed on the spot. Treatment on the case, which of the following is true? ()

A. a, B, C joint crime, B. a, B, C are set up the crime of intentional homicide

A C. does not need to be responsible for the consequences of Ding's death D. a set up the crime of intentional injury

Analysis: AD.

2006/ two /96 - 100 (related to the knowledge point 96 questions)

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

Analysis: ABC.

 

 

The common crime, personal crime stop shape ten problems

   In the common crime of rape, crime of escape in, as long as there is a crime, all the behavior that is the accomplishment of a crime.

How to deal with Tang Shenghai, Yang Yong rape -- one gang rape cases accomplished one attempted rape

   Nanjing Xiaguan District People's court decision in October 9, 2003...... We think, for more than one gang rape rape in a more accomplished, attempted, because of all the actors gang rape behavior, so first of all deal with the accused to rape conviction and punishment shall be given according to gang rape plot. Secondly, because of mass rape is common practice behavior based on the common understanding of fornication, according to the general principle is determining the attempted rape, as long as the perpetrator of crime of rape, the other accomplices, whether it is a help offender, abettor, organized crime or joint crime, should according to the crime of rape crime theory. Of course, the so-called "should according to the crime of rape crime theory", is not to say that the sentence without distinction. On the contrary, the abettor, accessory shall generally be given lenient punishment according to law, and on individual adultery did not succeed the joint crime can be discretionary lighter punishment.[2]

   A and B, A, B rape

 

Eleven, about the defense consciousness

   1 defense consciousness content:

A. defense, recognizing the ongoing illegal violations;

B. defense will, defender for the protection of national, public interest, the person himself or herself or others, property and other rights from being infringed the purpose.

2 Changes: delete the accidental defense.

 

In twelve, the penalty power

   Additional content. Its contents include: process of criminal legislation, sentencing right, execution of penalty.

 

Principle thirteen, overlap of articles of law

The types of overlap of articles of law

CO tolerance concurrence	Overlapping
The crime of fraud, crime of fraud of the loan	The death caused by negligence crime and the crime of medical accident causing death, in the crime of traffic accident causing death; injury caused by intentional injury crime and the crime of obstruction of official business

   1 of the original processing about overlap of articles of law:

   (1) principle: special law is superior to general law.

   (2) exception: criminal law the law than light method, applicable to heavy method is better than the light method.

 

   2 now the treatment principle:

   (1) principle: special law is superior to general law.

(2) exception: if the special method to realize the principle of suiting punishment to crime (a special method of lighter), cannot deal effectively with crime, and the provisions of the criminal law, and no emphasis on special law is superior to general law, applicable law.

[2010Years of the program change]:Overlap of articles of law case, as long as no special provisions of criminal law, we can apply weight method is better than the light of the principle of the law of. For example, article 266th of the criminal law (fraud) provisions, the law has special provisions, in accordance with the special provisions. Therefore, the insurance fraud case, even a huge amount of fraud, can not apply the general clause (article 266th fraud). But, for insurance fraud means for others a huge amount of property, the maximum penalty of crime of insurance fraud is 15 years, obviously may not achieve suiting punishment to crime. This can be considered a contract fraud, because this also belongs to the contract fraud and contract fraud,, and there would be no other specific areas of "contract fraud" is not applicable to this method.

In addition, posing as a state functionary try every trick to mislead the public, cheat the huge money to try every trick to mislead the public, crime is difficult to realize the principle of suiting punishment to crime, can consider to be fraud.

[reproduced] over the years:

2004Year 2 86The following statements is not true: (A.) the maximum statutory sentence of article 266th of the criminal law of the crime of fraud is life imprisonment, the maximum statutory penalty provisions of article 198th of the crime of insurance fraud for a period of 15 years. In order to keep the criminal law coordination and implementation of the principle of suiting punishment, especially huge amount of insurance fraud, fraud should be punished. The A option error.

 

 

Fourteen, "in the crime of traffic accident responsibility confirmation"

   1 traffic accident negative "full responsibility", "primary responsibility" not administrative authority responsibility shall prevail, but must use the judicial authority responsibility shall prevail.

The traffic and transportation laws against drunk driving purpose, in order to prevent the driver because of drinking and driving ability decline or loss of causing traffic accidents. If the drunk driving has not led to deterioration or loss of driving ability, but because of the vehicle to the driver cannot predict the brake failure caused the traffic accident, the driver could not with traffic accident crime. For example, it is forbidden to drive the vehicle without inspection, in order to prevent traffic accidents caused by the failure of the vehicle. If the behavioral person driving without the annual inspection of vehicles, but the car has no fault, but because the victim across the highway traffic accidents caused by the behavior, also not with traffic accident crime.

   A change of 2 after the traffic accident death.

   The traffic accident was not dead, but the defendant mistakenly thought to have died, will the transfer and be abandoned, and finally to the death to the victim shall be defined as the behavior, after the crime of negligence causing death; if the former acts constitute the crime of traffic accident, it should be combined punishment for several crimes. (originally set the crime of traffic accident crime)

 

Fifteen, criminal notice provisions from legal fiction

1 the program change: points out, (article 238th of the criminal law of the crime of illegal detention), 247th (crime, violence crime of torture to extract confessions), 248th (abuse regulated sin), 289th (the beating process causing death), 292nd (Crime of affray) regulations, for illegal detentionThe use of violenceDeaths caused by torture to extract confessions or evidence of violence, death, abuse the detained person to death, affray of death, should be the crime of intentional homicide. It belongs to the legal provisions.

[Conclusion]: as long as it is "the use of violence to death", regardless of is "the intent to cause death" or "causing death", have set up the crime of intentional homicide.

2 years Zhenti reproduction:

In 2002 41 of Volume II which of the following situation shall be investigated for criminal responsibility (?)

A.15 years of age a in the affray in death

 

Sixteen, the coercive indecency, insulting women sinThe child molestation charges

   The 1 change 1: forced obscene, insulting women sin is no longer required to meet the purpose of sexual desire. Only an infringement of women's sexual autonomy (of shame). In addition to the crime of rape, violations of women's sexual autonomy, have established the coercive indecency, insulting women sin. No matter what the motive and purpose, no matter in what place, forcibly stripped of women's underwear, all belong to the coercive indecency, insulting women sin.

The original: infringement of women's sexual autonomy (Xiu Chixin) + sexual fulfillment of purpose

Now: the violation of women's sexual self-determination (shame)

   Two years Zhenti contrast:

2000Year 228, a male and female dispute, B will be dirt poured in a body, a took hold of B to B and coat, and punch punches; B -- more than, a call from the big dog raising in boxing, there are many onlookers villagers case, trousers B a up next, make it public naked, and called Gou Pu in B's body. A behavior constitute what crime? (B) please note that the title is 2000 questions

A, forcing obscene, insulting women sinB, the crime of insultingC, public indecencyD, libel

Analysis: B.

 

The 2009 Volume 2 on the subject of crime, which of the following statements are true? ()

A. a (female, 43 years old) after drug compulsory indecency, insult Sohn (mentally retarded female, 19 years old), because the main forcing obscene, insulting women sin is the only male, so a not guilty

 

The 2 child molestation. The "obscene" including rape, namely the female rape male children, can set up the crime of child molestation.

 

Seventeen, the crime of illegal detention

1 Changes: from "the protection of legal interests may be the freedom of the person" to "real personal freedom".

How to understand the "freedom"? -- freedom of reality, violations may free, should not be regarded as the crime of false imprisonment. Criminal law -- a reprieve

Illegal detention must be deprived of isThe right of freedom of reality: in other words, if someone do not realize that they were deprived of their liberty, that behavior does not hamper its interesting activities, and therefore did not infringe upon their personal freedom. 2010 -- View

   Typical case: the victim into the high-speed car; put the dog in the victim side; while the victim in take a shower take out clothes.

 

Eighteen, the crime of abandonment

The change of the subject: enlargement. Have a statutory obligation of the abandoned. Source of obligations is not limited to the provisions of family law, including occupation, based on business obligations arising from the legal act and, based on previous act. For example, orphanages, nursing homes, psychiatric hospital, hospital management personnel. In 2010 the program to expand: contains not only the economic supply, not given the necessary care not to perform this duty behavior, but also in danger of not bailouts (such as not to save the lives of others, the body) behavior.

The specific case in practice: the taxi driver installed a drunkard, and then put the drunk on the street.

 

Nineteen, the double business problems

Three big in detail the dual sales problems, this kind of case is typical in practice. But basically as long as the master the basic theory of the crime of fraud can cope with.

A. a first own immovable property to B, B registered after obtain the ownership of immovable property, a property in order to cheat C, and conceal the truth, the property sold to propylene, propylene suffered property damage. A behavior set up fraud.

This is equivalent to a pure lie, what things are not. In addition, the chattel if not transfer ownership, simply do not sell out.

B.A sold his piano for B, agreed at the same time, A continues to play the piano a month (ownership has been transferred to B A); during this period and piano to C (A and C have no plan), the B suffered property damage, the A should be recognized as the crime of embezzlement (i.e. A illegal punished his possession but owned by B property).

   Things really sold to C, without any loss in C. The essence of this case is, A will take forcible possession of the custody of property.

   

Twenty, the crime of theft, robbery crime crime constitution important changes have taken place in 2009

   Larceny no longer requires 1 secret, as long as it is in a peaceful manner, take the victim property, both secret and open, have established theft. The theft of the peaceful nature.

Behavior is not required to have secret. If the victim discovered the theft, but because the timid dare not utter a word, or theft victims found that theft in the process, continue to take money, also identified as crime of theft. That is the case, as long as there is no violence, coercion, cannot be converted into other types of crime.

"For example, on a bus, markets, knowing that there are others (including the victim) watching his every act and every move and 'open' implementation of theft, is always treated as theft, robbery and other crimes and not fixed; pretend walking instability, deliberately impact others, took the opportunity to get other people's property, has openly; knowing that the large department store, bank and other places with video surveillance equipment and many people inspections, and to steal other people's property, as well as the victim very timid, and watched others dare not speak out stealing, stealing behavior is hardly a secret, but do not lose to steal".

   The 2 elements of the crime of robbery: for the purpose of illegal possession, directly seize others closely occupies a large amount of public or private property behavior. The use of violence, has the possibility to cause casualties.

   Several papers 3 original judicial examination answers the need for correction.

2003Year 2 32One night, a into B home burglary, theft and stolen goods was found after the (value 900 yuan) to escape pursuit, B. A saw a motorcycle without stalling the grocery store next, owners C stood smoking in the car, he rode a motorcycle to escape. The next day, propylene in the street found his motorcycle and armour, to a sent to the Public Security Bureau, a boxing will c wounded, after the forensic identification for minor injuries. This case should be based on which of the following crimes shall be investigated for criminal responsibility in a? ()

A. robberyB. robberyC. theftD. the crime of intentional injury

Analysis: BCD.

 

Twenty-one, the crime of embezzlement in the "illegal possession" and "refusing to return" relationship

Changes of 1 Materials: the crime of embezzlement "illegal possession" and "refusing to return" is the same meaning, not two parallel relationship.

Case: he gave me a cup, as long as I have the illegal occupying some meanings, for example, will the cup top write "Xu Guanghua" three words and take forcible possession of, I have to note the "illegal possession", at the same time, "illegal possession has already indicated that" I "refusing to return", which established the crime of embezzlement. Instead of the refund, I do not return before the establishment of the crime of embezzlement.

The 2 calendar year Zhenti reproduction:

2007Year 2 59About the crime of omission, which of the following statements is true? ()

D. the provisions of the criminal law, will to take custody of property of others illegally for himself, the larger amount, refuses to return it, constitute a crime. The crime of refusing to return as to conditions, not as a crime

Among them, the D option error.