(1) criminal law analysis: extract cases sentence by sentence, and pay equal attention to conviction and sentencing.
On conviction: (1) What charges? If it is a selective charge, only write the part he committed.
(2) Subjective psychology of crime
(3) Whether it is necessary to combine several crimes or choose a felony for one crime or several crimes.
(4) Form of crime: Is everyone the same?
(5) Whether * * * is a joint crime or whether * * * is a joint crime only for some crimes.
When sentencing: (1) Whether you have special status-age, state (organ) staff, female, etc.
(2) If there are unfinished forms, how to calculate the fine;
(3) If * * * is the same crime, whether to distinguish the principal, accessory and ringleader; How to judge
(4) Whether there are sentencing circumstances such as surrender, meritorious service, recidivism, probation and parole.
Emphasis: when answering questions, it is required that the test center is complete and the language is accurate, both of which are indispensable. Be brief, or there will be insufficient time.
Song is the general manager and legal representative of a private construction company. In 2006, in order to achieve the purpose of going abroad for sightseeing, Song gave a gift of about 20,000 yuan to the staff of relevant state organs to make them go abroad illegally. Abroad, Song won 30,000 yuan in gambling. After returning to China, in April 2007, Song instructed his construction company to replace high-grade cement with low-grade cement, which led to the collapse of an auditorium built by the company and the loss of nearly 2 million yuan. In order to avoid sanctions, Song found his fellow villager Jin, then the company manager, to discuss countermeasures. Kim was tracked down for smuggling. Kim asked Song to take refuge with relatives in Yunnan, and asked Song to take away the evidence of his smuggling, hide it or simply destroy it quietly. Before leaving, Kim handed Song a toll of 20,000 yuan. After Song left, Jin was afraid that he could not escape from the French Open, so he ordered his cousin Tan to kill Song with Liu and Huang on the way. Tan listened to the color change, saying that this move could be fatal and advised Jin to give up. Jin lied that as long as Tan brought a personal letter to Liu and Huang, he would just follow him to Song, instead of Tan. Tan acquiesced. So Kim wrote a letter in front of Tan and gave Tan 30,000 yuan. On the way, Tan gave Kim's letter to him, thinking that he had other urgent matters, so he could contact Kim directly for all reasons, so he got off the bus halfway. Liu and Huang found Song and wanted to kill him. After Song begged and promised him a large sum of money, they let Song go. After the Song Dynasty, he surrendered himself to the local public security organs. Please analyze everyone's criminal responsibility.
(1) Song's behavior constitutes the crime of bribery and helping to destroy evidence. Song must also bear criminal responsibility for the crime of major engineering safety accidents in the unit. Song should be punished for several crimes. Song has surrendered himself, so he can be given a lighter or mitigated punishment.
In order to go abroad illegally, Song's behavior of giving gifts to the staff of relevant state organs constitutes the crime of accepting bribes, and Song's behavior of taking away the evidence smuggled by Kim and preparing to destroy it constitutes the crime of helping to destroy the evidence. A company in Song Dynasty used low-grade cement instead of high-grade cement in construction, which led to the collapse of the auditorium, which has constituted a crime of major engineering safety accidents. As the person directly responsible, Song should bear criminal responsibility.
(2) Kim's behavior constitutes the crime of intentional homicide (attempted) and the crime of harboring. Should be punished for several crimes.
Kim's act of instructing his cousin Tan to take Liu and Huang to kill Song constitutes a crime of intentional homicide, and his act of helping Song escape knowing that it constitutes a crime constitutes a crime of harboring.
(3) Tan's behavior constitutes the crime of intentional homicide (attempted).
When Tan knew that Kim was going to kill Song, he still sent a letter to find the killer, which constituted the crime of intentional homicide.
(4) Liu and Huang constitute the crime of intentional homicide (suspension).
The pursuit of Song after receiving the letter constitutes the crime of intentional homicide. They let Song go because of Song's pleading, which means that they stopped the crime automatically, so it constitutes the suspension of the crime.
(5) Jin, Tan, Liu and Huang constitute criminals who commit the crime of intentional homicide, but Liu and Huang belong to the suspension of crime and have not caused harmful results, so they should be exempted from punishment; Both Jin and Tan attempted to commit a crime, because the attempted murder was due to reasons other than Jin and Tan's will: they stopped committing a crime. Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.
(2) Criminal litigation, civil litigation, and legal document error correction: extract cases sentence by sentence and answer them in turn.
Case: Tian and Miao are neighbors in the front and back yard. Tian Gai's house blocked the Miao family's lighting. Miao made many representations, but Tian didn't listen. On the contrary, Miao was seriously injured and Tian was arrested. In the process of criminal proceedings, Miao entrusted Hu, a lawyer of a law firm in this city, as his litigation agent to file an incidental civil action. After accepting the entrustment, lawyer Hu wrote the following complaint for Miao:
Criminal incidental civil indictment
Plaintiff: Miao XX, male, 34 years old, Han nationality, employee of XX Company, living at No.20 Huajia Hutong, sifang district, this city.
Agent ad litem: Hu XX, lawyer of XX Law Firm in this city.
Defendant Tian XX, male, 36 years old, Han nationality, employee of XX Company, living at No.21Huajia Hutong, sifang district, this city.
Requested items:
1. Request the court to award the defendant compensation for all medical expenses, lost time and disability benefits according to law;
2. Request the court to judge the defendant to dismantle the illegal buildings that affect the lighting of the plaintiff's house;
3. Request the court to order the defendant to compensate the plaintiff for mental damages of 40,000 yuan.
Facts and reasons:
The defendant Tian X and the plaintiff are neighbors in the front and back yard. In March this year, the defendant neglected the neighborhood relationship in the process of rebuilding the house, and the back eaves of the new house were only half a meter away from the front window of the plaintiff's house, which seriously affected the lighting of the plaintiff's house. The plaintiff made many representations with the defendant, but the defendant ignored them. On April 1 this year, when the plaintiff approached the defendant again, the defendant's attitude was even worse. He didn't listen to the plaintiff's negotiation, but picked up a shovel to shovel the plaintiff. The plaintiff couldn't dodge, and his right heel was shoveled off. Although he was hospitalized for more than 30 days, he still left a disability and was inconvenient to walk. He was identified as a third-degree disability. The above facts are proved by the testimony of witness XXX, the diagnosis certificate of XXX Hospital and the appraisal report of XXX Judicial Appraisal Institute.
The above behavior of the defendant has seriously violated the legitimate rights and interests of the plaintiff and caused great harm to the plaintiff's physical and mental health. We now file a criminal incidental civil action with your hospital, requesting the court to make a judgment according to law.
Metaphorical figure: Hu
May 4(th), 2003
Q: According to the legal provisions and basic theory of criminal incidental civil action, from the perspective of standardizing legal documents of practicing lawyers, please analyze what problems exist in this criminal incidental civil complaint and briefly explain the reasons.
Answer the following questions in this criminal incidental civil complaint:
1, the questions in the basic situation section are:
The status of plaintiff and defendant in criminal proceedings is not explained. The correct way to write it is to add "Tian's intentional injury victim" after the plaintiff's basic information and "Tian's intentional injury defendant" after the defendant's basic information (1 minute).
2. The problems existing in the request include:
(1) No specific compensation amount has been specified for medical expenses, lost time and disability allowance. If it is not in compliance with the law, a specific claim must be specified (1).
(2) The light blocking of the house is not caused by the defendant's criminal behavior, and it does not fall within the scope of the criminal incidental civil action request (1), so a civil action shall be filed separately. Therefore, it is inappropriate to ask the court to order the defendant to dismantle the light-blocking building (1).
(3) According to Article 77 of the Criminal Procedure Law, incidental civil action only solves the problem of compensation for material losses. Therefore, it is also inappropriate to ask the defendant to compensate for mental damages in this complaint (1).
3. The facts and reasons of the problem are:
The exact amount of the loss was not stated. It should be clear how much medical expenses have been spent, how much lost time has been caused, and how much further treatment and disability allowance are expected in the later period (1 minute).
4. The final question is:
(1) If the legal basis for prosecution is not specified, it should be stated: "In accordance with the provisions of Article XX of the Criminal Procedure Law, Article XX of the Civil Procedure Law, and Article XX of the Civil Procedure Law, to your hospital ..." (1minute).
(2) If it is not indicated that this complaint is sent to the court, it should be indicated that this complaint is sent to the people's court of sifang district (1).
(3) The pledgee should not write the agent ad litem, but the plaintiff Miao, because in the course of litigation, the agent ad litem should conduct litigation activities in the name of the plaintiff (1 minute).
(4) The number of copies of the complaint and the list of relevant evidence are not attached to this complaint (1). The correct way to write it is this:
Attached:
(1) x copies of criminal incidental civil indictment
(2) Testimony of witness ××
(3) the diagnosis certificate of 3)xx Hospital
(4) receipt of medical expenses of XX Hospital.
(5) the plaintiff's salary certificate.
(6) a copy of the appraisal conclusion of the judicial appraisal office.
(1 point, write more than two points, and no points below two points)