The idea and method of interpretation of a case, criminal law

 

1The criminal law article111Regulation: "for overseas institutions, organizations, persons who steal, spy on, buying, illegally providing state secrets or intelligence, at five to ten years in prison." The University China enrollment information, whether to belong to this section of "intelligence"? Why?

2. large tractor can evaluation for the criminal law article116A "car"? Scenic cable car can be evaluated as the criminal law article116The "electric car"? Tsinghua Campus battery cars "car" and "car" in criminal law?

3The criminal law article130Regulation: "illegal firearms, ammunition, knives or explosive, combustible, radioactive, poisonous, corrosive materials, access to public places or public transportation means, and endangers public security, if the circumstances are serious, is less than three years imprisonment, criminal detention or control." The problem is, the establishment of this crime is behavior person to carry guns for other items, then into public places or public transportation? Behavior person a on the train got B left guns, ammunition, and then take the train during the period, continued to carry the guns, ammunition, and endangers public security, if the circumstances are serious, can be applied to the bar?

 A similar problem: Criminal Law245Regulation: "illegally intruding into others' residences, is less than three years imprisonment or criminal detention." If the behavioral personALegal entryBResidential, in theBThe exit,ARefused to withdraw from, can apply to the bar?

4Forged, altered welfare* * *, sports* * *(especially of forgery, alteration of the winning* * *Whether the criminal law)197The provisions of "forged, altered...... State securities "?

5The criminal law article271Article: "the company, enterprise or any other unit who, by taking advantage of his office, the unit's property for himself, the larger amount, is less than five years imprisonment or criminal detention." If the behavior of people using the convenience of duty, directly to the unit's property transferred to the third person, can be recognized as "illegal possession"?

6The "property interest" (such as deposit claims) interpretation of criminal law fifth chapter of "property", whether to belong to the analogy to explain? For example, a computer terminal intrusion into private banks, deposit into the account of B, seized in the absence of deposit time, whether the theft (accomplished)?

7For real military and police personnel robbery (robbery showed uniformed personnel identity), can be applied to criminal law263The "posing as military police robbery"? The simulation gun robbery, whether to belong to the263The "armed robbery"?

8Sulfuric acid is the criminal law267"Weapon" rule? Carrying sulfuric acid robbed, whether to belong to "snatching with lethal weapon"?

9State organs. Copies of official documents, certificates, whether to belong to the criminal law article280The "official documents, certificates"?

10B commits criminal law302The body was found after the theft crime, escape. B's wife a knowing body stolen to B, B harboring, transfer the body is still. On a behavior can be evaluated as the criminal law article312Harboring, transfer the proceeds of crime "loot"?

11Tissue, forcing men to provide sexual services to unspecified male, whether to belong to the criminal law article358The provisions of "organizing others to engage in prostitution or forcing others into prostitution"?

12Real case:. A male and female acquaintance, well. A desire to have sex with B, but without the use of any means of coercion, B does not agree, and shout "someone rape". A fear of silence, they pinch of B's neck, and is determined to strangle B. A that B "death", the implementation of the "necrophilia" behavior, B after death. After the forensic identification, B did not die in adultery, but died in a rape, after. According to the theory of criminal law theory, a set of intentional homicide, but does not constitute the crime of rape, because the crime of rape is the only object of life of women, the behavior must recognize each other there is a life of women; but because a that B has died, so only the intention of necrophilia. The real act of necrophilia general evaluation for the criminal law article302The "corpse insult". I would like to ask: can the body evaluation was alive B as "dead"? In other words, whether a behavior constitutes the crime of insulting corpse?

13Set an example. Classroom: a ban of a park in front of the gate: "prohibited from entering the park all the cars". I would like to ask: wheelchair can enter the park?

 

Two, the objective elements of crime cases

 

1A hired B for their guard forest, but the long-term not paid to B, B we dun. A generation kill B reading. Summer day in the storm, a to B, B mountain forest, expect lightning death. B it was electrical attacks death in the mountains. Whether a behavior belongs to "kill" behavior?

2A mushroom has long been eating, restaurants are common use of this mushroom to cook, but the 1/100000000 poisonous mushroom. A University Department of biology graduate a in B restaurant dishes, found themselves end to the guest C mushrooms may be toxic, but he did not tell the guest C, there is no restaurant staff, still will mushroom to C. C to eat after death. Whether a behavior belongs to "kill" behavior?

3Defendant Zhang Nan and Lee. Women fall in love for a year, repeated, but not of marriageable age not to apply for marriage registration.2002Years8Month, due to family matters, Zhang to Lee up. Li heartbroken, holding a bottle of poison to Zhang dormitory, claiming that if Zhang to go, she will poison Dutch act. Zhang said: "you want to die will die, it doesn't matter and i." Lee immediately to take a dose of poison, Zhang sees, he left the dormitory. After the neighbors found Lee died in Zhang dormitory. Zhang is in accordance with the conditions of omission committed?

4. Wu and three other people as part of their graves as Ching Ming, Wu burned paper money, the other three people are present, the wind around Mars burning the ancestral grass, Wu and other four also made a brief fighting, but the fire is more and more big, Wu escape responsibility, put forward as soon as possible to flee the scene. This has not caused the forest fire. Wu and other four on the escape on the way to meet the pedestrian, pedestrian ask why there is smoke, Wu and other four straw burning. Wu and other four on the fire appeared completely can take the alarm and other measures, but do not take measures. A forest fire Wu men fled the scene after 20 minutes. Whether or not a crime? The remaining three is also the obligation?

5The defendant ZhuMou store270Yuan in cash stolen, when they see the village Liu (female,12Years old, member (female),12Years old, Wang Mou (male),10Years old) three lads are playing in the shop door, then to Liu Moujia to buy the candy to eat the name of Liu, the temptation to make Liu say who took money from shops. At this time, Hou x also arrived at the scene, said Liu Mousui is a took money from shops, Zhu toward a face slapped, Hou is crying and declare it to be. After a time, crying and ran back to her home with methamidophos pesticide bottle, return to Liu before the door, claiming that die in Liujia and spot poison. After Liu poison to walk, Liu Mou does not let the family member. When Zhu and Liu Mouzhi mother, sister were in the field, do not stop and rescue, resulting in a poisoning death. If there is not as a crime?

6A solicitation B to hunting, in the meantime, B was wounded beast attack. But no assistance B, but immediately ran home, B death because no one help. A whether obligations rescue B? Conversely, if B offer a hunting, a whether obligations rescue B?

7A burglary obtaining property, run away in panic, not careful will sleep on the floor of the baby trampled to death. A behavior whether to belong to the robbery causing death.

 AIn order to robbery, enterBAfter the housing, toBThe use of violence,BEscape to3The balcony to balcony, along the side of the sewer pipe to climb down, but from3From the balcony on the floor. A behavior is aggregated consequential offense?

8. behavior and the victim behavior combination: (1A to b) food put poison, B poisoning after die not, but because of poisoning pain, then hang Dutch act dead. (2A kill B, b) with only minor injuries, but B because of superstition, and the incense ash daub cut, induced germ invades the body of death. (3A desire to kill b), in the cliff edge to B cut 5 knives, B seriously injured coma, a that B has died, he left. But B they wake up, just took the two step that he fell down from the cliff.

9Special physical behavior and the victim. Results: (1) a knife to kill B, B is injured, but the injured part and degree, not cause death; but B is hemophilia patients, after the injury bleeding to death. (2B) a shot, although did not hit, but B is suffering from heart disease, surprised by gunfire, induced heart attack and death. (3A and b) in the altercation, alignment B chest a punch, B down tics, died on the way to hospital. After investigation, B is due to the stimulus, a heart attack and died, B neighbors know the disease, but a unaware.

10Third. Behavior and the behavior of the situation: (phase1) a knife to kill B, B in the wounded fled process by its enemies C, C think revenge opportunity must not be lost, he pulled a gun shot dead by B, B. (2A kill B to b) injured in hospital treatment, B, C deliberately set fire to the hospital, B due to injury to avoid escape late the inferno. (3Civil servants play favouritism and commit irregularities,) a breach of privilege, interests of serious damage caused by C C, produced a gun kill read. Security personnel to stop the behavior of ethylene propylene, propylene gunned down B. (4A car hit) B, B hospitalized because of serious negligence, doctor B wound infection and death caused by malignant. (5) a bus due to automobile congestion, standing at the door. In the running process of the automobile, the conductor Ding Jiaojia inside the train crowded, a firmly not from, two people fierce quarrel happened. After the driver c yelled a, a felt insulted, by foot kick the back driver, the driver was a back, a Dodge, in this process, the car went out of control, leading to the pedestrian B bike was crushed to death.

11The behavior and nature. Combined with the fact that the situation: (1) a shot in the cliff of the B, B has not yet been shot, but because of the scare, lead to slip died from falling off a cliff. (2A kill B to b) be completely bedridden, during an earthquake, B were injured and cannot escape death.

12A city bus from A to B. Because the automobile rush hour congestion, nail in the car had been standing at the door. In the running process of the automobile, the conductor B called a inside the train is crowded, other passengers get on and off, a firmly not from, two people fierce quarrel happened. Later, the driver was scolded a, a felt insulted, by foot kicked driver c back, the driver was a back, a Dodge, in this process, the car went out of control, leading to the pedestrian Ding bike was crushed to death. There is no causal relationship between a and D death?

13. the defendant Liu and sun a neighbor, the two known as the feast.2003Years5Month28Day, because the sun in the courtyard of the clothes lost, Sun Mou's wife in the yard shouting, two groups were the same hospital neighbor moved bucket, different injury, after the public security police station, Sun Jia Liu compensation for medical expenses120Element. The same year6Month7Day, sun in the street that I met Liu, Liu pointed to scold, two people fighting after a few words, a stick hit sun picked up the ground, in the escape, Liu went to the road central, now just a taxi after, Liu seriously. There is no causal relationship between the sun's behavior and Liu's injury?

14In the storm, the passengersBWant ferry workersATo cross the river.ADissuadeB, pointed out in the dangerous storm to cross the river, butBOn the river.AHad to adventure. But the boat turned over in the river,BDrowning.AWhether or not toBResponsible for the deaths?

15．AThe ability after drinking is not driving the car, andADrinking togetherBStill sitting onACar, requirementATo send home on your own.AWhen driving, because of the lack of ability to control, lead to accidents, resulting inBDeath.AWhether or not toBDeath bear the responsibility?

16Joe wanted to kill Paul, then in Paul to prepare eve through the desert long-distance travel, quietly sneaked into Paul's room, Paul to the water in the kettle into a colorless and odorless poison. Carle want to kill Paul, some time later the same night, also slipped into the ball room, in his kettle bottom drill a small hole. The next morning, Paul set out, he didn't find a small hole on the kettle. Two hours later, Paul in the desert to drink water, but water is blank. Because there is no other source of water in the desert, Paul died of dehydration. Who respond to Paul's death?

 

Three, crime subject element case

 

1A cult or due* * *Mind control, parents will be killed. While the judicial identification for people without responsibility. Question: whether there is a mental illness behavior? No responsibility judgment who make? They are irresponsible, or that make?

2A state administrative organs set up a law enforcement agency armor, armor in the specific law enforcement, for illegally took other people's property for the issuance of employee benefits and costs, a itself has no independent property. By an investigation organ to during the unit bribery crime investigation, the administrative organ shall a reorganized into another law enforcement agencies to B, B to exercise a power. If a unit crime? If yes, whether the B Sue?

 

Four, the subjective element of crime cases

 

1. fruit and Forestry Institute of Beijing Academy of Agricultur investment40Million yuan, after10Years of development of new varieties of grape cultivation, planting a total110Lines, each line numbered tracking research, the name of provisionalP-6-2The characteristics, is a large thin juice sweet seedless,9In fruit mature period, identification, inspection of the varieties in2003Years9Month. But4Man in the2003Years8Month6Night over the wall into the Institute, taking the20Fruit, cause the entire chain fracture.4Men don't realize this grape "value", the establishment of the crime of theft behavior?

2A male and female. Love, but her parents objected to. In order to make the woman with his departure, one day, a carrying three bottles of mineral water bottle filled with robust gasoline went to the woman's work unit (a village primary school), first note threatening her, the note read: "I have gasoline, his explosives, walk with me immediately." But the woman did not show, a poured petrol in their body, and took out the lighter for ignition position, forcing her home with her. In others dissuade invalid situation, the woman promised with a walk. Outside a taxi is preparing to run away when the police officers, was on the spot rescue, a surrendering lighter, let the woman. There is no intention to kill?

3A in the journey, was suddenly B insults, he pulled a gun on a B. In a not yet decided to kill B B B or injury scare, bullet was shot dead by B, B. Whether a homicidal intentionally?

4At a village forest forestry officer Ma, in the forest clearance for some pumpkin. Since the pumpkins are often stolen, horse to the village leaders reflect, and in the message: "you do not steal a pumpkin, I have played medicine." (in fact no pesticide) but still stolen pumpkin. One day, will be the pumpkin, saplings are added, then the wire in a pumpkin with four eyes, with Straw will4049Pesticide drip into the pumpkin, and insert the white flag, to play the pesticide. Then, the horse in the village of propaganda: "the pumpkin is the pesticide, we don't steal." The next afternoon, Huang Village farmers pass by forest shelter, picked5A large pumpkin (one input pesticide). Night, cooked pumpkin,4A child to eat, and soon found that the symptoms of poisoning,3Children out of danger, a9Year old child death. What is the horse a subjective psychological attitude? Huang whether there is negligence?

5. a strict (college students) have to borrow a 54 pistols and bullets from cousin70Hair. One Sunday, strict with the students to the mountains and the school roof at play, CO firing bullets60Yu fa. Noon1PM, strict gun back two floor dormitory. The dormitory is also2Man: Wang was taking a nap, Zhang lie on the bed to read a book. Strict gun at Zhang gestures, Zhang the gun away, continue to read a book. Yan play happy, forget oneself. He walked to the window, and looked out, found that the students of a (non contradiction and strict) from the back to the dormitory. First, the strict insurance head, Sui quasi opening a gun. When a segment is about to enter the building door (away from strict dormitory window8Meters), Yan will pull the bolt, pushing shells into the breech, Sui quasi section head shot. The sound of a shot, a skull shattered. The gunfire rang, Yan shouted: "bad,"." Yan rushed downstairs, saw is difficult to survive and escape. Yan subjective is what state of mind?

6. A and B want to rob Mr. mei. They consider the use of belt will Mr. Mei Le fainted, and take their property. Because two people realize, Le neck may lead to the death of Mr. Mei, and they prefer to avoid this outcome occurs, therefore, two people decide to attack Mr. Mei with a sandbag head, until he was in a coma. However, in the process of the implementation of behavior in fact, sandbags cracked, evolution for two people and Mr. Mei a freehand confusion. At this time, a and B are grabbed in case with belt, its set in Mr. Mei's neck, tight pull at both ends, so that it can not breathe. And started robbing Mr property. Finally, two talents have a look whether think Mr. Mei. But, although they hurriedly give artificial respiration, Mr. Mei or death. A and B to Mr. Mei's death was intentional or negligent?

7In a later date. A drunk driving without a license a taxi soliciting in Sanmenxia city. The middle line to the Yellow River Road, he found the car in front of a man drunk lying on the side of the road. At that time, the Yellow River road is under repair, narrow roads, nail is easy, that the vehicle chassis is higher, track width is enough, drove across from the foot to the head of the drunk. Who knows the car caught drunk sweater and drag4000Meters. After people found in this case, exclaimed, before they get off view, the drunk dead. A is the indirect intent, negligence or accident?

8A daughter (7Years old) lie, a will use a bamboo whip B hips, a per beat once asked a "lie", B just cried and does not answer, a will to continue to beat. About whipped30After a few, a listen to not to B and B will stop crying, hold to the bed.20Minutes later to find B death. A subjective with no intent?

9Two old men were drunk. A and B, decided to try the martial arts from a to B, the chest push a, b back a few steps, then to the chest of a pushing palm, a be unable to resist sustain the blows, was coming down to the roadside fields, B homeopathic flutter in a body, a left hand card B neck, face with his left hand grasping B, B is also not resigned to playing second fiddle, using the right hand to push a left, a neck with your left hand card, a card will result in death. What is the second state of mind?

10A zero30Xu, the defendant Dingmou driving a taxi, along the downhill a small bridge, due to the small arch bridge deck natural arch block line of sight, and the dark, Ding not found drunk on the other side of bridge deck arch bridge on the victim Li, Li rolling in the car. Afterwards, the defendant Dingmou off view, found a man lying in the car, to be the victim from the bottom drop out, but did not pull, the defendant is on car jack jack, will the victim from the bottom out of discarded beside, driving away. The victim Li Mouhou being sent to hospital, after rescue invalid on the day of death. The forensic Department of visceral injury, traumatic hemorrhagic shock and death. The traffic police brigade to the scene of the accident investigation, identified the deceased Lee on the bridge (bridge a total length of about 5 meters14M) at the right position, the driving experiments, the position in the car on the bridge is not found, while in the car from the top of the bridge down, if it is at night, it is hard to find, but even that is certainly close, no time to take measures. Ding behavior is intentional, negligence or accident?

11. one day, a driving a car passing through the "surface" Zhao (65Years old) to answer the phone business phone, because does not pay the phone bill and Zhao quarrel, and beating each other, to a punched Zhao head, number of boxing, is the crowd opened. Zhao insisted to pay the phone bill, go to see a cab, just to its "surface" car crowded, a see Zhao to their seats to squeeze, then use hand pushed Zhao, the zhaomou fell under the car. Get off to a look Zhao, see no blood on the body, said Zhao is installed, the car left the scene. Zhao died on the spot. After the forensic identification, Zhao and disputes, emotion, and death of anger and trauma induced fatty heart, coronary heart disease. To a behavior is intentional, negligence, accident?

12Lee Liu Mousu has accumulated rancor. One day, Li and a few friends when wandering in the street, see Liu Mou to buy fruit at a fruit stand, he called his friends to pick up the brick, and came to Liu surrounded. Liu Jianshibumiao, just grab the fruit knife vendors hands waving. Lee saw the knife is to stab himself, has just pull a crowd gathered a block in their chest, resulting in a left chest stabbed, negligence death from loss of blood. Liu and Li Mou is what kind of state of mind?

13The taxi driver a pull. B, C, D to the destination, a dispute with the B. A parking requirements B will car rear window on both sides. B payment after getting off the bus, the driver side window right arm through the window glass, for a ticket to a, Jia Mingzhi b right arm was still inside the vehicle, the car suddenly start moving forward, B forced car ran 4~5 meters, the C after walking a few meters, see you later the car, found that B and a quarrel, then to the car and the right combination the right window and door posts of taxi drivers said: "you should make out an invoice!" And took second hand. At this time, a speeding, resulting in C minor injuries. A hurt to C should be responsible?

14．AHire a and B, revengeBA learnedBIn a certain store cards. Then, a and B are discussed, by a belt three people into the shop front shop back from the wall, with three B, a, B were carrying guns of. A first arrived, let's shopCStand up,CAnd you said I have no rancor, why want to kill? That is not aBThey did not killC. A just left,CFeel terrible, it home from the store door, out of the shop60M, B band arrived. B thoughtCThe Shop EscapeB, then shot at close range, resulting inCDeath. The case should be how to deal with?

15German romantic ideas. Case: robbery violence down the victim, is to take out the already unconscious victim on the wallet, found the victim is a very beautiful girl, was immediately her beauty to conquer and broke her strong love. So, the robber didn't take out the girl's purse, just take her ID card photo (photo is property), is forever the photos on his chest. Whether the fact that the robbery?

16A revenge with his estranged neighbor B, will poison into a wax gourd B in the plastic syringe.8Days later, B the melon picking home. The next day, the daughter of a B C at home playing cards freely said a sentence: "no dishes today evening at home." B the melon to C. C and her husband, son to eat after the poisoning. A behavior is against errors or object error?

17The defendant money. Dilute that criminal prohibitions destruction of property of others, but he thought that the animal does not belong to the criminal law on the property, so will the others pets killed (value20Yu Wanyuan. The money can dilute to intentional destruction of property crime?

18．3Month5Day, individual doctor Huang Biao to a local companies and its sister rent housing play, listening to his sister said temporary shed products company has a motorcycle has park for four or five days, nobody rode. They agree that this car was stolen in the stolen goods store. Huang Biao very excited, think stole stolen not illegal, it is pie in the sky. Then Huang Biao called the brother-in-law Peng into buy tools, that night10PM, two motorcycle push to Peng Jinzu within the housing, and the oil by Huang Biao rode back to the six Tang home.3Month20Day, the shop workers found a stolen motorcycle in the milk at. Same evening9PM, Huang Biao riding a motorcycle to play in the street, was the owner caught and turned him over to the public security organs. Huang Biao whether to constitute the crime of theft?

19The following cases. Comparison of various circumstances, how to classify and what conclusions to draw:

(1)AThe theft of a mobile phone, the theft of aMP3;

(2)BWant to steal a mobile phone, the mobile phone theft b;

(3)COriginally wanted to reselling tickets, results in is a fake tickets (article227A);

(4)DWould have abandoned the ability to live independently not daughter, it abandoned the old father (article261A);

(5)FOriginally wanted to destroy the car, disrupts the tram (article116A);

(6)GOriginally wanted to steal guns, but the theft of ammunition (article127A);

(7)HOriginally wanted to kill a, the results because the method error will b kill;

(8)IOriginally wanted to kill a, results will be a side kill a dog;

(9)JOriginally wanted to sell fake, but the sales of medicines of inferior quality (article141, No.142A).

20A rental shop shop selling cloth, Local Taxation Bureau according to the provisions of the State Administration of Taxation, the fixed tax, paid monthly2000Yuan tax, tax the back of the card also records the following: "if the actual turnover of taxable amount exceeds the quota20%, must be declared to the tax office. Otherwise, according to the tax treatment." (the provisions for the State Administration of Taxation) a monthly payment2000Yuan, but the actual turnover of payable tax amount has exceeded quota98%. At the same time, the government has issued three years ago, one is: "the individual shop to early tax, year-round policy." In accordance with the provisions of the State Administration of Taxation, a behavior belongs to the tax, in accordance with local government documents, a behavior does not belong to tax evasion. There is evidence that a knows the State Administration of Taxation, and there is no evidence that a know the rule of local government (but also know a possibility, because local policy had asked for the publicity of the file). How do we handle this?

21In two cases. The following are the Japanese of the court of final appeal, what the error is two cases each, whether there is a contradiction between the two?

(1Tanuki, Tom, events) The defendant in the hunting is forbidden during capture2Only a law called the "Tanu base", but the defendant thinks, the capture is locally known colloquially as "ten characters, based" beast, mistakenly think that "Tanu based" and "Tom," are two completely different animal, his capture is "Tom," instead of "Tanu base". Trial court finds that the error resistance deliberately, acquitted. The reasons are as follows: from animal studies, "Tom," and "Tanu base" is the same animal, but such a relationship only with knowledge of animal science man to know; "name Tanu based" and "rum based", since ancient times is the coexistence, in Japanese customs are. The other. Therefore, in the hunting law, should make the name "Tanu based" explicit "Tom,", so as to arouse the attention of national. In the hunting method simple provisions of the name "Tanu base", for the concept of Japanese ancient compliance, "Tom," and "Tanu based" depending on the animal and to capture the people, will face penalties, is not appropriate. Therefore, do not realize that they captured a law prohibiting capture "Tanu base" the defendant intentionally crime, does not exist.

(2), Sasabe, touch the horse events The defendant to capture3Only no prowler "Tom sasabe". However, the defendant believes, his capture is known locally as "touch the horse", but do not know the "touch the horse" and "Tom Sasabe" is the same. In this regard, Japan made the following decisions: the hospital if that banning capture ", Sasabe" does not belong to the prohibition of other animal trapping, obviously is about constitution of crime of error. But in this case, although the "Tom Sasabe" and "touch the horse" is the same animal, in the people just don't know which is the same animal, thought that even if capture "touch the horse" also does not constitute a crime and thus capture occasions, the defendant is know law prohibits the capture ", Sasabe" that is know "touch the horse" is "touch" and capture, understand and does not lack of the crime fact, just do not know their behavior is illegal. Therefore, the defendant is the error of law, not negates the intention of the establishment.

 

Five, remove the crime reasons case

 

1People's policeAAnd a conspiracy, kidnappingBAnd his girlfriendC. Find a and B and C, four people kidnappedBAndCLater, from a, B, C is responsible for custody.AProposed ransom30Million yuan,BRelatives in raising funds. In this process,ATo get a present30Million yuan after killingB(becauseBUnderstandingA), but a stand against (a knowB), therefore,AConflict with a. After about a and B, B to a:"BLike I said, if you give him, he agreed to give us60Million." (becauseBKnowATo kill oneself). Then, a, B, C and using the opportunity to killA(because only killA, can let goBTherefore, can be obtained60Million yuan, orACan kill a and B,, C andBAndC). By planning, one day whenAEnter forB,CThe place, by theCShout attractedA;AAt the scene, a, B, C controlAA knife, will passBGive WayBAssassinationA;BWith a knifeAHave a heart stabbed several times. Afterwards,B,CTo help out. Jia et alBAfter the release of,BRemove from their own business of the company60Million to a three person, and puts forward the5Million to the girlfriendCA three agreement. In addition, B in custodyCAlso rapedC. KillingAAfter the,BHas been harbouringATwo pistols. The existence of the case of self-defense?

2．2000Years2Month17Evening, Lee in the supermarket shopping, shopping mall security to see the image you are bought many high-end goods and the suspect, he quietly so near. When a sudden power failure, the security if the escape, quickly come forward to pull Li mentioned goods and shouting "let go of the thing". Because the Li a few days ago heard that shopping malls more thieves, methods are various, see someone pulled himself carrying goods and wallet left hand, will guard mistakenly believe that the thief, and shouted "let go", while bringing right has played, and turned to walk. Security was hit on the head, more believe firmly in his own judgement, not only not to put, but with the other hand held Lee: "look where you run!" Lee picked up the fruit knife shelf, grabbed and thorn, cardiac rupture caused by security, rescue invalid death. How to know Lee's behavior?

3．21Year-old unmarried female youth Wang by human traffickers trafficking to40Multi year old Lee "wife", Wang Mou does not agree to the marriage, several times to escape have been recaptured, and beaten. The Lee family rigorous imprisonment, Wang helpless, tolerance, yield, by Li Mou rape. One day, Wang Mou to escape the Li Jia, before dinner, take the Lee family unprepared, will be a small amount of1605Pesticide secretly fell to brush the bowl cloth, and use the cloth to wipe after Li Mou home four mouth people eat the rice bowl. Wang Mouyuan want to use less pesticides, Lee and his family poison faint, can escape. However, Wang Mou behavior led to Lee's parents have been poisoned, Lee brothers two people by emergency escape. How to identify the behavior of Wang?

4One day later10When the30Minutes, Cao Zhuo (deceased), Cao product because two people6Male youth (unidentified) dispute at a shop before. A patrol unit4Policeman, Gao Gan, Liu, Zhang duty here, and he sees off stop. Because the four dressed in civilian clothes, people lorry sat for local license plate, and not to Cao Zhuo, Cao Pin to produce documents show the identity, resulting in Cao Zhuo, Cao two people think of four and six is the partner, and Cao Zhuo use the garbage bucket (after the fight was broken only wooden handle), Cao use bamboo stick chased Gan a, Zhang et al. Gao and Liu sees has fired. After firing a shot, Cao Zhuo and Cao product handheld readily picked up wooden and bamboo sticks ran away from the scene, Gan and other four behind. In pursuit, four policemen did not show the identity, is struggling to catch up. Cao Zhuo and Cao goods cover each other, to pursue in the front of the Gan to attack, but are Gan escape. In pursues a factory gate vehicle jogging with time (from the first site49Meters), Cao products have a bamboo stick, Cao Zhuochi wood turned to Gan. Did not hit, Gan Ming was up a gun, and they continue to attack, Gan, Cao Pin hit the left arm back, standing in the Gan behind a m a high shot Cao products at this time, Cao goods hit the thigh, but also to the Gan Cao Cao goods goods shot, shot in the back and fell. Gan Cao goods after the shooting, the right arm was Cao Zhuo wood shot, and shot Cao Zhuo, missed the Cao Zhuo body. Cao Zhuo continued to hold boards to Gan head and face, and so many hits, until the Gan played right leg down, then, a high, sweet and shot Cao Zhuo, Cao Zhuozhong gun fell dead. Gan, a behavior is what property?

 5．1997Years12In August, Quanzhou City Health School97Student Ping Moufeng (female) in the ballroom dancing, has known the suspect sumou (male) and things that only a very (male), and at the same time communication. The exchanges, Zhang Ting feel calm a Feng to be neither friendly nor aloof, that doubt is a just and dispute caused by Su girlfriend, called a disaffected.1998Years7Month11Evening, Zhang was to "find a girl as", to his brother Zhang Mouqiu and fellow especially a Wei, Xie Moubing, Qiu Moushou and others to sue a only dormitory door, see Su, Zhang Ting asked sue and flat a Phoenix, both sides of a dispute. The dispute, mutual finger pointing to the other. Especially a Wei rushed, rushed forward and kicked Su to kick, and shots continued to beat sumou only, be Zhang Mouting stopped, say not clear not to do something. Subsequently, Zhang Ting et al. Standing at the door, Su to return the dormitory took a fruit knife on the pocket inside out of the gate. Not far away in the doorway, Su and Zhang Ting dispute again, mutual scold him, Zhang Mouting said: "I want to fight?" Su just replied: "hit!" Zhang Ting is punch Su, Su also strike back, two people come to blows. The victim Zhang Mouqiu et al. Seeing this, namely together rushed beat sumou, chasing10Meters, Su to pull out a fruit knife toward the victim Zhang Mouqiu rushed in the front knife stabbed, fell to the ground due to the spot, after being taken to hospital after rescue invalid death. This case is justifiable defence?

6And his brother have a C, and B collusion hurt C. A and B to C place, common atrocities on C. In the process of the implementation of atrocities, B found killed C behaviour and intentions, they make the second stop, but still with a B C, then with a knife stabbed to death will b. A behavior is justifiable defence?

7．2003Years5Month30Day17PM, the suspect Lee drinking and Yin et al. In a hotel. Drink, sit at the same table drinking Zhang Li Zhang riding a motorcycle to send home to outdoor, Yin Lee, and a clamp spring knife stabbed Lee abdomen (the forensic identification, constitute a minor injury), and said: "you how, the first two days I've had you (the two front about the month, Yin Rang Li Zhaoren gamble, Yin set, by someone, Yin dissatisfaction, once with a knife to the leg injury), Li you feel good ah, today I will get you". Yin scolded side cut Li clothes, Li Yin said: "you see my guts out, let me in the hospital here, or I die?" Yin is not allowed, and continue a clothes to Lee scratch with the knife, and the right ear cut open lee. Li Feichang angry, grabbed the knife to Yin Yin thoracic, abdominal stabbed seven knife, Yin being sent to the hospital, after the rescue invalid death. The forensic identification: Yin is someone with a metal blade thorn is acted on the chest and abdomen induced lung, liver rupture caused by acute massive bleeding to death. Lee's behavior is justifiable defence, or excessive defense?

8Zhang so and so in a village run a farm, a valuable60Many dogs million yuan, the farms and Xiang pig farms and pig farms near, Porter in the kennel walls, in order to dog breeding and protection, Zhang Mou hired3Workers in their farm work together.1999Years11Earlier this month, Zhang Moumou heard in a dog kennel was robbery, worry about the dog's own trouble, a Double Barrel Shotgun so long at home in the possession of a homemade gun and get the kennel, provide against any misfortune. The same year11Month10Morning, Zhang Moumou and workers suddenly heard a dog barking outside, up to the hospital to see, across the courtyard door found a car130Automobile head at the top dog in front of the gate, there is a sound of footsteps heard the hospital at the same time, then heard outside the hospital door hit, hit the sound of glass and the people shouted. Zhang Moumou was to let the workers back to the house, and said: "probably rob dog", back to the house, Zhang Mou some is to call my father said: "the dog field to a lot of people, probably rob the dog, you must notify the police station.".The workers told Zhang outside someone up the wall, Zhang Moumou found the door things on both sides of the south wall have figure, so remove the double barrel shotgun, poke broken windows to the side door of silhouette on the wall opened one gun, causing the head shot, after the rescue invalid death. Via checking,1999Years11Month9Day, Tan Mou nine people attempted to rob Zhang Moumou farm dog, and prepared a crowbar, dog chain.10Morning, nine people driving cars came to the farm, the car head in the farm gate, Tan Mou get off first came to the duty room of pig farms, smashed windows and doors into the house, will be on duty Wang beaten after binding, after out of the number of dogs, Tan et al began to climb over the wall dog robbery, Tan Mou in over the wall were shot dead, the others to escape, was caught. How to deal with this case?

9. B by a do not pay attention to, suddenly use knife stab to nail, nail to counter, then pick up the stones at the B, the passerby C hit seriously. How to recognize a behavior? If a and B and C were, and how to handle it?

10．2004Years8Month1Evening, two male passengers aboard Huang taxi to a supermarket next, knife forced live Huang from the body robbed of cash200Yuan and a mobile phone, insert the vehicle key thrown out the window after get off to escape. Huang back the keys, two men already disappear without a trace. Huang driving around looking for, found that two people were sitting on a motorcycle to escape. Huang for taxi car hit the front wheel of the motorcycle, two men jumped out and ran away. Huang continue to drive after, will be one of them in to force a railing. Huang in the car to see the man holding a dagger in the rock, the two sides deadlocked about10Seconds or so, the man ran. Huang drove it down, causing the death of hemorrhagic shock. After Huang call110To alarm. Huang is the justifiable defense?

11. Dr. Alex intention malice to inject air into the vein of David. In order to avoid any possible revolt, Alex approached David and secretly pull the syringe. Just at this time, David because of the recent medical bill and Alex on the air, he punched strict head of Kors, which was seriously injured. David's behavior is justifiable defence?

12. unemployed Alexander wandering in the streets of Downtown on a Sunday, waiting for an opportunity to steal. The afternoon2When the left and right sides, Alex Dashan found a person will be a big things into the store in front of the store after. Alexander walked into the shop and observation, found the stuff people are heart and soul is the selection of goods. So, Alexander will bag away, a vacant room and took a taxi to the outskirts. After a short break, Alexander opened the bag, found the bomb is powerful. Alexander immediately notify the police, the police immediately removed the explosive device. The police proved that, if this time bomb explosion in commodities, causing at least50Deaths. Whether Alexander's act of theft?

13．2000Years3Month13Day15PM, fled to Ding for disputes with others and be cut head. However, two people do not give up, holding a sword. On the way, many times to take Ding block, all by taxi drivers steer. As the two plus people to pursue, at a time when a middle-aged woman Chen motorcycle slow passing through the road section, terrified Ding immediately beg Chen took him away, but it was rejected. Seeing the two plus people nearly, panic, Ding hand to seize the motorcycle right handle and control the accelerator, a hand push (Chen Chen motorcycle fell to the ground, but not damaged, escaped after riding). Ding driving to safety after the stop. Be still suffering from the shock, just think of how to handle of motorcycle. At this time, is installed on the motorcycle tail box caused Ding attention. Open the box, found in cash3000Multiple and5Million yuan of deposit a. Ding Mou instantly take forcible possession of greed. How to deal with the Ding's behavior?

14. Wang Mou of the accused person and the village because Liu Mou is contracting village enterprises conflict,2002Years4Month1On the evening of Wang Liu house with gasoline ignited a bunch of grass in an attempt to burn his house(The room is also connected with other housing)At that time, but a strong north wind, the fire material scraping to the residence and its value is ten metres away from the Wang own hundreds of million of food processing factory and other residential. In the public water rescue invalid situation, Wang for the preservation of their property, then from the engineering vehicle from a nearby construction site of others, King drive has overturned his own four houses to prevent fire, keep his house most of its processing plant, but the engineering vehicle smashed, the loss of over fifty million yuan. Wang's behavior whether the emergency?

15A, B, C three people in the cave exploration, ground collapse, plug the hole, but can carry on communication with the outside world. Contact results show, opening hole needs20But the three day, with only enough food to live5Day. Then, a proposed, three win two draw lots to decide the winner, loser to kill its meat to sustain life. B, C agreed. To be implemented, they seek the aid workers opinions, but received no reply. Then the communication interrupt, until the20Days digging success, and killed a failure due to draw, ethylene, propylene in the meat to maintain life. B, C behavior whether the emergency?

16. B, C two people breaking the law in a ship, the police on duty a stop. Then, B, C two people on a challenge, first with the fist after beating a safety helmet. A in the proximity to the sea, in the face of B, C two approximation assault case, gun and two verbal warning. B not only failed to stop, but to seize a gun, his hands holding the barrel. For, the bullet struck the head of death caused by B, B. A behavior is a justifiable defense or authority behavior?

17A cheating B said: "if you let me to your head a blow, I give you5Million yuan, but if I am not responsible for the wounded." B agreed. So a to B's head a punch, leading to B minor injuries. But afterwards, armor and no delivery to B5Million yuan. B commitment is effective?

18A, B, C. Hotel living, called the prostituteA,AInto the room and found many people quit being a stop, et al. Despite a et alARevolt, onAThe implementation of the rape. Afterwards,ATo a request2000Yuan, and said: "if not to alarm." After rejecting the,AReport to the police. A person's behavior whether becauseAAsk for cash and hindered the establishment of rape?AFor the behavior of property is the crime obstructed?

19At a restaurant boss long-term mismanagement, not only in the employee the salary of three months, still owe the supplier and the property of hundreds of thousands of dollars. One afternoon, the boss suddenly ran, employees are aware of the boss in order to dodge won't come again, and hear that property management departments will be blocked restaurant. Then, the remaining more than ten employees will restaurant food, vegetables, tobacco and alcohol and taking a space, as their wages to resist. After the identification, they rob goods value and the wages of roughly the same. The staff whether there is crime reasons?

 

Six, intent crime case

 

1Wang, Zhang attempted robbery,2002Years11Day night8PM, Zhang Lanjie Wang, a taxi, desire in the riding process for the female driver was robbed, when comes to the outskirts of a checkpoint, the inspectors to Wang, Zhang was asked, see two people's facial expression, and found that two people carry a fruit knife and a screwdriver and a rope and other objects, then two people to the police interrogation, Wang, Zhang confessed the attempted robbery taxi driver in fact. Is ready or not?

2．1998Years9July afternoon3PM, the defendant Huang for work clothes and factory workers LiuMou quarrel, and each other, is the presence of workers after, Huang would have killed Liu Mouzhi read. Then go home, will be ready to fish with three hand grenades with him. On the way back to power plant, a village walking tractor stopped, forcing the driver to send to the factory. Near the tractor to mechanical and electrical factory, the driver Zhang abandon. The defendant Huang ran to the electromechanical factory meet factory security cadres Lee, Sun Mou, Liu Huang Yangyan to kneel apology even down, otherwise he will be killed. Say that finish, Huang ran to the shop to shop for Liu, Liu has been in the shop door, Liu, and two hand grenades cover open, will detonate the ring are respectively sheathed on the two fingers. Because the factory security department immediately organized, in carrying out the political offensive against the defendant and the propaganda policy, Huang in the afternoon6When the20Sub hand grenades, arrests. Is the preparation for a crime and attempted crime?

3A woman wanted to kill her husband. One day I heard to eat human hair can lead to the death of another, then will his hair was cut into her husband's food. After her husband had not found any abnormal. Some female behavior whether the attempted murder?

4．2005Years3Month19Day10When Xu, Li Mou of the accused person (released shortly) by removing, want to be transferred to the account of its mother Zhang lived in a courtyard bungalow area5Number, but by his mother refused, so the two conflict. Lee threatened to "buy gasoline burn you, I also not transfer accounts." Then, Lee in16When carrying a bucket of gasoline into a district courtyard bungalow5The mother in the home, will pour petrol in the house on the ground and is the younger brother daughter-in-law Ma body, to ignite gasoline with lighter by his brother to stop. Zhang police, Li Mou is seized by the policeman. Lee's behavior is the preparation for a crime and attempted crime?

5A for the toilet, will be less than 1 year-old daughter outside standing against the fence, just enter the toilet, I heard her cries, hurried out, found her lying on the ground, the suspect is in her 4 year old boy B for. A hand to his daughter, a hand push B, which was lying on the ground, head just touch on a stone, the outflow of blood, and motionless. A that B may have died, will hold its into a cave, cover with straw, was out of the cave, found that the straw move, think B not dead, then picked up a stone to pound B's head, with a grinding disc pressure in the body after the departure of B. After the incident, the forensic identification, a before stone B, B is dead. Whether a hit B behavior constitutes an attempted murder?

6．2004Years12Month24Days later, Wang Village in CHO drink to more than 2 in the morning, after coming home can't sleep sleep. He knew Zhao Moudong neighbor Li Mouchang working outside, produced adultery Lee's daughter. So he got up to the lees apparent admission, for fear of disturbing others in the room, took off his shoes and thrown to the outside through the window, jumped into a suite. Wang to see a man is lying on a bed, thought it was Lee's daughter, he stepped forward and kissed and the desire to rape. Who knows the bed is Lee17Old son, he was awakened by shouting thief. Wang saw potential wrong, turned to flight, sleep in another suite Lee hear a shout, quickly ran out together with the son Wang uniforms and reported. Wang's behavior whether the attempted rape?

7A great feast. The king's son full moon, colleagues have come to join, toast each other at night party scattered, Wang drunk, send colleagues Zhang out. Colleague Zhang found to ride his motorcycle disappeared, everywhere but couldn't find. This time Wang to see the next several motorcycle, and Xiao Zhang to discuss, home to two people together, which will be a motorcycle lock, Zhang this ride away. The second day, Wang Mou brother found Wang's motorcycle is lost, then report to the public security organs. According to investigation, Wang Mou's motorcycle is Wang Mou, Zhang Eve stole. Wang and Zhang whether to constitute the crime of theft?

8A daughter B (9 years old) sleep in a bed, a thought is the enemy (ex C) and knife to kill B, a total of 9 knife cut. Hear daughter cry immediately stop. Daughter injured not dead. Is suspended or not?

9Defendant Zhang1983And the victim Li married, born in a son and a daughter, married feelings is good.1990Years the defendant Zhang as migrant workers and a barbershop female sexual, and his feelings gradually cool, not to return to long-term.1991Years11Month30On the divorce, divorce court decision was not.1992Years8Monthly Zhang again put forward a divorce, Li Mou to cut wrist threat, in view of this Zhang withdrawal, but never go home.1995Nian Yuanyue5Day Zhang suddenly returned home to his wife and children is very warm, the next day morning5:30His wife to the village near the deep well water, the defendant took the opportunity to follow, while his wife bow to carry water in wells, the defendant Zhang pick up sticks to his wife back lash, due to excessive force, his head towards the well on the other side of a pile of boulders, immediately head bleed like a pig, the defendant was frightened. After his wife, sent to the hospital, after the rescue is not timely death. Is suspended or not?

10Outside the village. Hu in a lonely village women saw Lee pass by, in the intention. So Hu with a towel to his face covered, from behind the copy to the lee. Put her down to violence. By Lee fought back, in protest, Hu Moumeng towels in the face off, and lift the upper body. Humou busy hand over his face, to escape. But Lee recognized him, and hold Hu at. Hu saw it has been brought to light, he knelt on the ground, request Lee forgiveness. After Li Mou to report to the local public security organ, Hu was arrested. Is suspended or not?

11Workers in a shipyard. He Jianhua, temperament, often beating his wife to pay a certain.01Years8For months, had filed for divorce, the court mediation and.02Years3Month18Afternoon after work, he and others play poker to night9When the home, and deception in the overtime pay said, immediately pay to expose, so the quarrel. Fu said: "go and talk to the court tomorrow." And then go to sleep. He is afraid to put forward a divorce, the wife thought. He asked: "you do not pay to go to court?" Fu said: "to go to!" He used both hands to pay the neck, and asked: "Do you go there or not?" Fu kept saying: "go to! To go to!" What is more, pinch more tightly, pays his face blue, urinary incontinence, coma and shock. He sees, thinks pay has been strangled, go see. After paying up to drink water, how to feed the payment of drink, and took the pants to help pay for. Pay what cry on each other's shoulder, Yiqi, and to pay him. The next morning, he went to the court to pay the same after back home. Where the neighbor persuasion, to20To apologize to pay and their parents pay for her, but the blame, pay also refused to go home. He thinks and hopeless, then his wife's idea, the next day to pay her with axes, ready to pay for the murder, but his father stopped.

12. criminal suspects Wang to the Yunnan province Ruili plastic products business, not to earn money. At home, he spent3000Yuan to buy60Grams of heroin home. Introduced by others, Wang and Zhang negotiated drug addicts, pricing8000Yuan to Zhang, Zhang3Days to raise good money collection. But on the second day, Wang Mou to worry about the very frightened, his wife will pour water with all the drugs destroyed buried in the garbage. The third day, Zhang such as belt run failed, then to the public security organs. The public security organs will Wang Mou of criminal detention. According to their account, detected a large number of heroin component in the trash. Wang is established abort?

13Chen and Lily. Junior high school, fall in love, then persuaded not to enter high school, in the home, lily to Chen more and more don't love, Lily's parents opposed their fall in love, so Lily gradually alienated chen. But Chen to Lily very love.2003Years3On the day, Chen asked Lily to their home, lily is not willing to go, and when the face of the students humiliated chen. Chen returned home, heart anger not yet appeased, so the original home4Kg of black dynamite and fuse into the bag, carrying a home-made explosives packages and fuse into Lily's family, Feng Lili and his parents at home. Chen asked Lily to his home, was rejected after, Chen lit the fuse, claim to want to perish together. Lily and her parents sees frightened, was forced to agree to the Chen requirements, so Chen with a knife cut. Chen's behavior is accomplished, attempted or abort?

14Wang to1999At the beginning of the year to Yunnan province to Ruili to do business at the end of plastic products, flower3000Yuan to buy heroin60G back to hometown Hunan. Introduced by others, Wang and Zhang negotiated pricing for drug addicts8000Yuan to Zhang, Zhang three days to raise good money collection. But on the second day, Wang Mou to worry about the very afraid, in his persuasion, pain resolved, will pour water all the drugs destroyed buried in the garbage. The third day, Zhang such as belt run failed, then to the public security organs. The public security organs will Wang Mou after criminal detention according to its replacement components detected a large number of heroin in the trash. The king's behavior is completed or aborted?

15. A and B and car theft, a preparation of the car keys after to B, but a later want to give up crime, to B that give up crime of Italy, and going back to the preparation of key. B will be a key to a prepared, and at the same time told a: "I have also prepared a key with you with key." A just to get back to their original prepared after using his key, B formulated key stolen car. A behavior whether the suspension of crime?

16A railway switchman, in order to Zhao five children killed, a let five children toATrack to play, and that no train to.5Minutes later, the train toATrack. A harsh, but it was too late to let five children left, a seeBTrack only money a child playing, so use technical means to let the trainBTrack, causing the money to a death. How to determine the nature of behavior a?

17In order to kill his wife. A B, then B diet in putting poison. B after eating, vomiting, very painful. Heart Dunsheng compassion, after seeing this, immediately will b in her private car passenger seat. A drive in the B sent to hospital rescue way, due to the fast speed, and the mood of tension, the right side of the car hit the cement pole on the roadside, B have been killed on the spot. Try to analyze the case. Assume that a neighbor invitedATo help drive b sent to the hospital, a let B sits on the copilot, himself in the rear seat on the b,ABecause the speed is too fast, the right side of the car hit the cement pole on the roadside, B have been killed on the spot. What should I do?

18. Huang and Lee in a school gate, stopped home school students a threat, called the money out, otherwise will be beaten, a fear, then let the Huang and Lee search. Huang, Li found only five cents in Lee who, two people less money, and money will be returned to the nail, and let it go. Huang, Li's behavior is suspended, attempted or accomplished?

19The B sat on the tricycle, the bag in the legs, hands in the bag. The defendant a grab bag and ran, immediately after the victim, and crying thief, a run20Meters will bag and throw it to run on the ground, police chase100Meters will a captured. Is finished or unfinished?

20．2002Years8Month25Day, Wang Mou to adoption by relatives, from a maternal hand in a township hospital in Hong'an County of Hubei province will be a girl out, and pay the500Nutritional costs yuan. After Wang Mou with others, to1800Yuan price will baby girl to sell a certain Xiang Sheqi County of Nanyang city in Henan Province Qin couples (no children) support. The same year8Month30Day, Wang Mou holding the baby girl by bus to Nanyang City, in the Nanyang city bus station in front of the door and pick the baby Buyers transactions were seized by the public security organ. Is finished or unfinished?

21To facilitate a. Taking advantage of the national staff as a benefit of unit, for "intermediary fee to the unit". The unit agreed to pay an intermediary fee, but because of the provisions of the financial system, not directly to cash, so will20Million cheque for transfer to a. According to the regulations, if within seven days, a will not transfer cheque delivery related units to withdraw cash, cheque is invalid. But in sixth days to had not discounted, the prosecution has been seized. A behavior is a bribe attempted or accomplished?

22Lee hired. Nanny Zhang, whose duty is to help take care of father Li Mouzhi Lee, and live in the same room with Li Mouzhi father.2005Years2Month19Afternoon, Zhang by Li Jia unmanned, theft of Li Jia Yuan cash1.79Million and value4327Yuan gold jewelry, after the money hidden in the sofa bed in the sleep, ready to have the chance to take home. The Li family discovered the theft report.3Month19Day, Lee dismissed Zhang, Zhang took money out of the bed, ready to hidden in luggage away by the Li family, see the.Zhang's act is attempted theft or burglary accomplished?

23．2002Years6Month17Evening, the defendant ZhuMou, real a, B, real robbery taxi driver. Zhu proposed: Taxi cheat to rural roads, to kill and rob, then hide the body into the taxi trunk, driving away from the scene of the crime to the city abandoned car. Same day23When the30So, the three defendants to carry the fruit knife, a nylon rope, in Xinghua City, Jiangsu province Xinghua middle school on the south side of West Gate rent by Luo Genxi driving the suMA2687Xiali taxi, the next day0When the30Xu, three defendants to cheat, driving to Xinghua Ganggu brick bridge south. The defendant real a nylon rope like neck back Rogan fort, the arms and abdomen the defendant ZhuMou with a fruit knife roller, and help Fort its neck, the defendant real B hold Luo's arm to stop the fight, and help the fort the neck, causing the cuff mouth, become unconscious; rob Luo Genxi of Samsung600CType mobile phone (value RMB530Yuan, RMB)100Yuan. Subsequently, the defendant real a, real B Luo Genxi carried out, due to the failure to open the taxi trunk, then the push to the road under the su. Then the defendant ZhuMou taxi driver (value RMB6900Yuan) to Xinghua City, Zou Zhen Jie River Bridge on the south side, the three defendants abandoned car escape. Rogan likes to2When the30Percent recovery, the damage for minor injuries. Whether the attempted aggregated consequential offense?

 

Seven, the common crime case

 

1Zhang Li, Zhang You, Zhang Dewei. Brother, a friend always be savage and absurd, and often insults, beating Li Feng (Zhang stand wife), a leading to Li Feng wounded abortion. Zhang Li therefore a grudge, have threatened to kill a friend in the neighborhood of. One day, a friend and Li Feng, Zhang Dezai home building repair table, too Zhang De pick brick is slow, gave him a slap in the face. Zhang De was extremely angry, swept past in the hands of the pole, Zhang friends left leg break. When a friend down curses on the occasion, Zhang Li came back from the outside, that piece of friends in abuse his wife, without reason, angrily ran on his body, his hands tightly round his neck. At this time, Zhang De and Li Feng not only stopped, but a lot of side scold a friend. Zhang You was the neck struggle, reaching an ax catch side, trying to fight back. Jianshibumiao Zhang Li, to Zhang De, Li Feng shouted: "come and help me!" Li Feng ran up, will the axe kick, so that a friend may lose back, on the spot to be stuck. Afterwards, Zhang Li and Zhang De will be buried the body. Li Feng, Zhang De is a murderous accomplice?

2A female (19Years old) because the victimSFemale (17Years old) and fiance between close association and a grudge. In retaliation forSFemale,2003Years12Month4Day, and C (at large) to carry gasolineSHome, a gasoline spill lit in the Westinghouse bed, burning houses and interior part of goods, resulting in the loss of4993Element. A post on its friends (BL21Years old, is alsoSFriends) threatened:"SBetter not let me, I will kill her, give her face with sulfuric acid".2005Years6Yue Jia foundSStill and fiance travel, to findSInterview to break with a fiance intercourse.6Month7Day a let BSThe whereabouts of the engage in pyramid schemes in Shandong, Jining. Party A and Party B in6Month9Day to take a train to Jining. Morning8PM, Party A and Party B andSIn Jining to meet a garment factory gate (B without the prior informedSA to find her), a toSInterview, three people came to the JiNing Railway Station near the hotel210Room. In conversation, a letSRenounce a fiance, wasSReject (for a while to killSAfter the idea)SAsked: "can we untie the knot?" Armour says "not".SNamely, do not want to live, let B help to buy sleeping pill, a also don't live to take medicine. After lunch, three people take a taxi in private clinics, from B to help buy sleeping pills were off30Tablets (Jia HeSLet B to buy). On the way back, because a ready to use sulfuric acid waterSA disfiguring, asked the driver where to buy sulfuric acid water? The driver took the battery to a sales shop, a car to buy sulfuric acid water, the merchant sold her a bucket of electrolyte (car battery).15Xu, three people returned to the hotel. A will30Sleeping pills crushed, into the "Chef Kang" brand ice Black Tea bottle,STo drink, B advised him not to drink, and said, "you can think well, drink will die, talk to a talk, don't have to be."SSaid to have nothing to say, is about to30Sleeping pills to drink it all. In the meantime, B onSSpeaking just don't sleep all right, I have eaten. Also asked whether to go to the hospital,SAnd a said not to go. ThenSHe fell asleep. A will buy the electrolyte atSWipe the body, found no corrosive effect. Then a and a pillow overSFace, wants to setSTo death, B will come forward to take on a pillow and said:"Do you want to kill her? What you don't do, she died Dutch act, covering her is to kill you,Both of us are not good, I called her out (SColleagues are aware of), a matter we have to look for me." "You two. I don't care, I went to the station, waiting for you." "You love to get what they get (only for a)." He left the hotel. B left, again with a pillow over pressureSSnout about10Clock, resulting inSChoke to death. A corpse from the bed to the bed to hide, and then away from the scene, in the station and B after meet potential back to the country of origin (two per capita for after the meeting did not mention a smotheringSOf things). Classics appraisal,SThe cause of death is mechanical asphyxia death. Sleeping pills were detected in gastric solution is not enough to cause death. B whether murder accomplice?

3. Choi to Zhang a grudge, want revenge, then buy a suitcase, detonators, explosives, in one day flees to the township health hospital to the nursing care of patients with Zhang blasting, due to the presence of someone he changed his mind. Cuimou home, Liu Mou that suitcase murder tool, still help the suitcase home. Three days later, Cui criminal put the suitcase in the Zhang home orchard, Zhang's parents out of the box to watch when detonated, causing the Zhang's parents were killed. Liu and Choi constitute accomplice?

4A, B, C, D (military) on a Sunday in a rail with side play, foundA,BTalk on the edge of the tracks. A proposed the robberyA,BProperty, B and C agree, Ding said: "I was bald, I wouldn't do!" A to Ding said: "good, you do not dry can, but you must be three of us (nail, B, c) uniform holding, in front of200Meters we." A, B, C three people will be uniform off to Ding, Ding with uniform waiting at the agreed place. A, B, C and robbedA,BProperty to wait for the place, ding. A, B, C spoils to Ding500Yuan, Dante did not accept the. If Ding constitute the crime of robbery accomplice and a, B, C?

5A and B have contradictions. Home, so theA,B,CThree intrusive B on the implementation of harm behavior. At the same time, a that B will doubt yourself, then letA,B,CRobbery, manufacturing growth in damage;A,B,CIn order to create the illusion that robbery, grabbed a small amount of property B home (constitute the crime of robbery). A andA,B,CEt al. Whether to set up robbery accomplice?

6A as a taxi driver, a night12PM, sat B a taxi, to request a remote office, a casually asked: "so late, what's out there?" B said: "to tell you the truth, I'm going to steal something. There, you wait for me, after I stole and then sit back in your car." A B to the destination, see breaking into a shop, a few minutes later returned to the rental. A and B back to the place. A whether the theft accomplice?

7A stone to Beijing to work. During the period, met with foreign staff long Mou, Gao and Wang Mou, four times "if" means in the streets of blackmail others property.1998Years12Month24Day, high king, dragon again, this means calculated to blackmail the front door million business, due to a conflict with the dragon stone, not involved in the conspiracy. High King, dragon, three people came to the business, will a bullying as blackmail object, by the Dragon took a watch deliberately crash a bullying, then excuse for bullying a compensation. Ling refused to compensate, the three men and a beating on Ling, Ling was forced to surrender100Element. The higher the three people still do not give up, will Ling one down to the ground, high strength line took Ling Ling handbags, shouting, dragon, king sees fled in such a hurry, high holding bag to escape, by Ling cling to the legs, high will bags on the roadside, "Ling a hand. At the same time, Shi just are in the vicinity of the site to eat, which witnessed the whole process of the higher person commits the crime, when it saw high will bags at the roadside, while a scuffle with high Ling machine will hand bag away, and handbags2000Yu Yuanzhong1900Yuan hide, when higher three people catch for handbags, stone will be built100Hand over more than yuan, a fake gold bars and invoices and other items and higher people. Shi and dragon and others constitute the joint crime?

8A theft behavior in a factory, see the workers of the factory B, B sees that produce see have thoughts, meantime not see C workers a behavior B C, in order not to know theft beetle, deliberately looking for an excuse Zhikai C, so that the theft of a succeed. Afterwards, B to find a proposed see have, and share a common. B's behavior can be established the one-sided accomplice?

9A wife and person B adultery pictures and a pistol in the second bedroom drawer, B found immediately after the gunman killed his wife. A one-sided instigator is established?

10The city has issued a report. The policy of encouragement. Lee in order to obtain the money, then do design trap to commit a crime and then report to receive the prize. Lee came to HuangVCDCD shop, to buy a paper yellow400Zhang pornographic discs, when Huang to "wind tight" as an excuse to refuse, Li Mou in order to improve the purchasing price. Huang Mou sees have good prospects of gain, he agreed to a week after delivery. To the date of delivery, Li something to report to the public security organ. In the transition, the public security organs will capture huang. Lee is an abettor?

11The suspect a and B because of a lack of money, a meaning to his grandfather to borrow money, because his grandfather is in rural credit agency, certainly rich home. Say B:"If you grandpa do not lend money to us, we knocked him out with a brick, then steal his money." Armour says:"He's my grandpa, I can't do that." B open car, and a together to the public a. B at the door and wait in the car, a into the house, a grandpa at home, a proposed to borrow money, but his grandpa said:"No money home." A in his grandfather to eat, then sleep. B on the outside waiting to see a has not come out, then open car to go home. A wake up, see grandpa is sleeping, and with a brick to his grandpa on the head, then strangled grandpa. A because there is no password, not open the safe, gave his aunt call, said the public was mugged. His aunt to open the safe, find no money lost, a chance in the safe to take5000Yuan. Try to analyze the case.

12Liu Mouceng witnessed Shi, Zhang slyly at lower prices to other vendors sell bicycle, Shi, Zhang has a very low price will be stolen bike sales to liu. One day, Shi, Zhang wanted to steal a car "old music" bicycle sales to liu. Liu said: "look at this car I don't, you get a motorcycle, I give one thousand yuan to buy down." A few days later, Shi, Zhang was stealing a "Yamaha80"Type of motorcycle, value5000Element. Liu to motorcycle without a license on the grounds, only700Acquisition of the motorcycle. After the case, Liu confession: "know Shi, Zhang Mou is theft, 'get' a motorcycle refers to steal a motorcycle." Liu is the accomplice of larceny?

13A willA(8Years old) to kidnap his home, and toAFather extortion. Because a learnedAFather has been reported, they intend to killA. A is pondering over killing method, a friend B to a, B will killAThe idea to B, B to help a killedA. B is the accomplice of the crime of murder, or kidnapping crime accomplice? Xing Fadi239A)

14. Zhu suspected her husband Yang set an affair, then find met Huang, Huang some Yang meal of their convergence, and given to Huang Xianjin200Element and beverage etc.. A night7When Xu, Zhu told Huang: Yang and a strong body. Hu in the drink. Yellow worry beat them, and about three other people waiting at home, armed with sticks, Yang road. Same evening9When Xu, Yang and Hu a drunken encounter yellow four, Huang et al of yang to intercept beaten by Yang, slight injury. When Hu see ominous, Batuijiupao, yellow if Hu to call people to help, he pursued after the Hu, catch up with a fruit knife to carry a knife stab at Hu neck, Hu carotid artery pierced, Huyin bled to death. Zhu Yuhuang is an accomplice?

15．34Old Luo is a village village Wanzhou District Chen Jia Ba Street office Tang Jiao, over the years has been the dream of fortune. This year7Month, superstition, he asked a fortune teller to pointing the way to make a fortune, the fortune teller told him ridiculous: "want rich, went to steal." Luo Jun to believe firmly, but the thought of a person is not easy to get it from theft, friend Yang Wei, Peng Shu "rich together". From the8The beginning,3People frequently10Over time, the amount of money involved several million. The fortune teller is an abettor?

16. one day at four pm, Wang (owners) and take a (Wang Ye Miao employment driver) driving cars, the villagers Liu (77Years old) down. Wang and Miss Liu carried off to the street, and then directed seedling a hit and run. Miao a said: "do not go, go more guilty." Wang said: "if found out, I will dissipate one's fortune." Seedling and a driving escape, because Liu Mou is not timely medical treatment and death. Relation between the criminal law article133A consideration of the case.

17Liu in the operation. The conductor saw Wang etc.4The theft in the car, met a lot of times on the familiar.2003Years12Month20Day, Wang Mou to Liu said: "we to make money on your car, get our three seven." Liu after listen to not say.12Month24Day, Wang etc.4People on the bus from the other car, because there is no ticket is conductor stopped. When Liu just to see, Wang Mou to Liu made a guard not to let the car gesture, Liu gave the conductor made a gesture, saying that Wang etc.4People on the bus. Wang and others to get on the bus, in the non Liu value inside the passenger was found stealing cash, took the knife prepared threat, a passenger train thorn into minor injuries after fleeing. Visitors to the marshals reported stolen, Liu heard the report, guess may be by Wang et al.12Month28Day, Wang Mou to the station platform told Liu: "last time out of money, give you1000Element." Liu took the money, get on the car to go without saying any words. Relation between the criminal law article269The analysis of Liu whether an accomplice.

18To expose B. A corruption, bribery fact phase coerce, forced B carried out the attack on C B; criminal responsibility in order to avoid corruption, bribery, and the implementation of the damage behavior of propylene. B is coerced offender?

19. the suspect Zhu, deer a premeditated murder for money.2004Years1Month8Day, Zhu, Lu will Shandong a technical school in class three female students Chen cheated to a town of Shahe, after the killing. After the Chen woman kidnapped for, to his home in cable 50000 yuan.1Month9Day, Zhu find Sister Zhang, falsely claimed that the kidnapping of a deer and a person, for money, require the use of Zhang's identity card with a credit card. Zhang then will his ID card to the zhu. Because the bank asked personally, Zhang and personally to the bank for a credit card.1Month12Day, Zhu once again find Zhang, let it save a penny in the credit Cary, so as not to ask for money too large in the blank card suspicion. Zhang himself6000Element in the.1Month17Japan, after the three were captured. Try to analyze the case.

20A, B, C. Four, Ding premeditated the propylene unit burglary, led three people were hit by. Four purchase tools, discuss the specific plan, agreed to a set of nine p.m.. The injured in a car accident to a small house on the way, to go to hospital. A, B, C three set, C suddenly think of on duty of the night is his close associates, suggest another action, but a and B, C No, leave in anger. That night, a, B, C two people into the unit, stealing cash1Million yuan. C, Ding is the accomplished offense of theft?

21At the underworld organization members B reportersATo expose the triad organized crime, decide to killA. Afterwards, the underworld organization ringleaders of a highly praised B behavior. A whether B killedAInternational criminal liability?

22The primary molecular theft group. A clear indication of its members can only act. Three members of the group in the process of the implementation of the act of theft into robbery (see criminal law269A). A: on three members of the robbery crime responsibility?

 

Eight, the crime case

 

1A knowing B stealing a car, and agreed to a request for storage, the car in his control, a well know local. Then B to drive the vehicle to a shelter, and call a: "you take the car, do not tell me." The sound of car lost. Armor for gospel truth, a car to sell later. A crime or several crimes? (see Chapter264Tiao Hedi270A)

2At a park on the side of the road car glass, car theft from a password box, fled the scene after the open look, found in a soft phone book, written with leaders in telephone (considered top secret documents) and greeting cards, videos, etc.. A fear, in order to make the password box and box on all items thrown to alley lined garbage box escape. Is the larceny, crime of divulging state secrets, or the two crimes?

3A theft b value8000Yuan belongings, active conditions and B: "if you take2000Element, on the return value8000Yuan belongings, or do not return." A behavior is a crime or a crime of two? IfATheftB8000Yuan in cash, active andBConditions: "if agreed to let her2000Element, then the balance returned toB. Otherwise, no refund."ABehavior is a crime or a crime of two?

4Think of others. A car rear seat package has valuables, while no one machine, glass will car (value5000Yuan) smashed, steal the bag, but later found the bag no property. The two is a crime or crime? If the property in the bag to the amount of theft, is only a crime or two crime? How to identify the implicated relation? According to what kind of theory has not implicated relationship? According to what kind of theory has implicated relationship?

5At the defendant a for profit, the original placed on Snake Hill in Wuchang Park, Yellow Crane Tower (the top roof is cultural) knock after stealing. This behaviour is imaginative jointer of offense, implicated offense, or overlap of articles of law (Can Kandi20Zhang Di5Festival)?

6For the money. Zhang Jing suspects, in2000In April 2 daily lost identity card to a bank in Shanghai City, a business department to handle a debit card. Then, write the two anonymous threatening letters were sent to Zhang Jing, general manager of a hotel near the ShangHai Railway Station and a Le Grand Large Hotel, threatening them in36Within hours of the will10Million yuan into the debit card accounts, and no alarm, otherwise the hotel or the hotel will have a bomb explosion or food poisoning events. Two units received the letter after not dare laches, quickly alarm, and the mobilization of manpower to carry out safety inspection and strengthening security measures. The public security organ and the alarm fire department to prevent accidents, also sent to the EOD, fire prevention and security work, but found no signs of a bomb or poisoning incident. Zhang Jing many times to the ATM after the post office and the bank check account, in its desire to take money, keep volt security personnel captured. What is implicated offense or crime?

7. suspect Lee for the implementation of the crime of fraud, false capital contribution method, for the business sector registered, that buy several tons of aluminum ingots, and the victim agreed cash on delivery. After receiving the goods, Li Mou overnight aluminum ingots. The payment by bank transfer check each other lip-service verification system. Discussion on the case constitutes a crime of fraud are no doubt. But the crime in a crime, there are two kinds of Views: the first view: Lee for the implementation of fraud crime, the crime of false registered capital crimes and violated the provisions, which belongs to the implicated offense, should the conviction and sentencing to the crime of bills defraud crime. The second view: Lee fraud crime of false registered capital was convenient and fake company, Department of defrauding the preparatory behavior, is absorbed by the fraud of the act, which belongs to the absorbable offense. You can form third kinds of views?

8A week. Hong and female online met and fell in love, after the female not with Hong Mou character and desire and breaking. Hong Mou to female home advised weeks female do not break up, but the female strongly disagree. In the fierce quarrel, Hong Mou protrusions or murder, put both hands week female neck. In the weeks woman unable to resist, Hong Mou realize the consequences, thus giving up killing, but in the heart of hate ', so the female knife cut. Is the criminal intent or another transformation criminal intention?

9．2005Years1Month19Morning, the criminal suspect songmou with Yang, beans of the prior case, in a village Jia Wangqujiang town Jiangsu city Xuzhou province Hu home, the Hu Park at the entrance of the Wuzheng agricultural motor tricycle stolen card, the car is worth1．8Million yuan. The same year4Month1Day, a motor tricycle stolen goods on the way to the criminal suspect songmou, Yang in the transfer of the stolen by a recognized stopped, hu. Hu on the car for a stolen vehicle, song, Yang refused to return the car, and continue to drive. Humou refused to get off, the song, Yang holding iron bars, knives and verbal threats after Hu, Hu was forced off, song, Yang drive abscond. Song, Yang is a crime or several crimes?

 

Nine, the penalty on the part of the case

 

1．2004Years7Month21Morning, the Xia Yuanhua children, together with others through premeditated, sneaked into the CAI Xiang Ruian city residents home. The original police station south of Ruian (now the jade sea police station police Cai Yonghua etc) after the alarm, rushed to the scene quickly. Tong Xia et al, seeing this, the knife cut out, the police Cai Yonghua, Dai Wenhua fled the scene after the. After identification, Cai Yonghua was cut into seriously. According to investigation, the children involved in the theft16Second, the value of theft of property1．9Million yuan; Xia Yuanhua in 3 cases of theft, theft of property value4700Yuan. Tong Zhonghua was released from prison after 5 years again recidivist, crime, should be severely punished. Wenzhou city intermediate court to robbery, robbery and theft crimes, Tong Zhonghua was sentenced to death immediately, Xia Yuanhua, deprived of political rights for life, the confiscation of all personal property. After the verdict, Tong Zhonghua, Xia Yuanhua all appeal. After the trial, Zhejiang province high court rejected an appeal. The sentence is appropriate?

2Thanks to some,1949Year of birth, and his wife Zhou has been married30For many years, feeling good. Thank a family comes from Inner Mongolia Shen work, two years ago, paralyzed in bed Zhou suffered a cerebral hemorrhage, has been the Xiemou care.12Month11Day15Xu, his wife of Zhou's brother and two friends to Xiemou home drinking chat. Drinking process, Zhou suddenly in bed and cried, because go his brother and friend, Xiemou because angry left home. Same evening7PM, outside the drinking Xiemou returned home, see Zhou was crying, so he will almost naked wife, into a nearby in the tall weeds, results are frozen to death. Xie something later confessed to the police: "I don't want to be his wife dragged down". This year3Month, the procuratorial organs to intentional homicide of Xie Mou to sue. Yesterday, the court to voluntary manslaughter and sentenced to a fixed-term Xie15Years. The judge explained that the reason the lenient sentence, "because this case occurred in the inner family, less harmful to society; and the children of father request lighter punishment, taking into account the Xie a first offender, therefore sentenced to light." The sentence is appropriate?

3Du Chenghui in 2003 September. The unemployed due to stir up trouble crime was sentenced to zero six months in a year. The afternoon of March 14th this year, just after release procedures Du Chenghui is unable to hold oneself back to call the former "buddy", a feast to celebrate his request "out". A gang of a mercenary friend a call, ten people rushed to the hotel for his "welcome", from 5 pm to 10 PM has been drinking. During the meeting, Du Chenghui and his friend Lee (were security detention seven days out of the toilet in the bathroom), met with the hotel to drink xu. Because Du Chenghui shaved head, dressed weird, Xu not by much looked eyes. Du Chenghui think Xu deliberately provocative, rushed punched him in the face. Lee also not resigned to playing second fiddle, on Xu Xu cuff and kick, causing the left brow contusion, body soft tissue contusion, identified as minor injuries. Du Chenghui, Li Mou in the escape was subsequently rushed to the police arrested. Du Mou is recidivism?

4Song (female,17Years old) was arrested on suspicion of burglary. In custody, truthfully metasomatism his theft crimes. When asked whether the public security organs to expose others to commit a crime behavior, songmou account a year ago has been Lu Mou, Zhu Mou rape. The police confirmed, Lu Mou, Zhu to rape Song Mou also confessed to the facts of the crime. The song is a crime?

5. the defendant Zhang and his wife Wang married with discord, the king took the opportunity to live and Mousui ambiguous relationship between the villagers to home. Zhang and Wang divorce, repeatedly asked the family to surrender Wang failed, will produce a son (Gu Yi hijacked a Gu7Years old) to force a surrender of Gu Wang.2003Years10Month16Day9When Xu, Zhang came to Gu Yi in Lianshui County, Tang Ji Zhen Zhong Ying primary school will be forcibly taken away. When Gu Yi's teachers in charge and others stopped, Zhang took a knife from his sister, to use the knife frame in Gu B's neck, and holding the Gu B station to the nearby pond, surrender requirements Gu Wang, claiming that if the family is not promised to turn over Wang will perish together with the children. When Wang and security personnel rushed to the scene, Zhang asked the police stopped Wang, the knife into the water, let the Gu B, and with the public security personnel to the police station for processing. Lianshui County People's court think, the defendant Zhang for personal purpose, by violent means kidnapping others as hostages, their behavior has constituted the crime of kidnapping. In view of the defendant's crime are minor and, combined with the defendant's criminal motive, means and social harm degree of sentencing elements, in accordance with the criminal law article239Article, article5Article, article37Tiao Hedi61The provisions of article, ruling the defendant Zhang committed the crime of kidnapping, exempted from criminal punishment. After the verdicts, Lianshui County People's Procuratorate to the defendant Zhang does not have the statutory exemption from punishment plot, should apply the criminal law article239Article1Provisions of the sentence10Years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property on the grounds, to present a protest to the Huaian City Intermediate People's court. Huaian City Intermediate People's court, the court rejected the appeal, upheld the. Applicable law and sentencing of the case is appropriate?

 

The data source: the national quality curriculum "Tsinghua University law school professor Zhang Mingkai presided over the criminal law"