According to the Criminal Procedure Law
Article 12 No one shall be found guilty without a judgment of the people's court according to law.
Crime refers to a highly accurate summary of various internal and external characteristics of crime and an accurate and brief explanation of the connotation and extension of crime. The concept of crime is generally divided into formal concept, substantive concept and mixed concept. The concept of crime in China's criminal law is a mixed concept of crime with the unity of form and essence, that is, breaking the law.
The formal concept of crime originates from the principle of legally prescribed punishment for a crime, and it is a criminal concept derived from the principle of legally prescribed punishment for a crime. The concept of formal crime focuses on the criminal illegality of behavior, and takes criminal illegality as the only criterion to distinguish crime from non-crime.
Extended data
Elements of crime
There are more than 400 kinds of crimes in our criminal law. From the analysis of constituent elements, every crime has four elements: the subject of crime, the subjective aspect of crime, the objective aspect of crime and the object of crime.
(1) The subject of a crime refers to the person who commits a criminal act. Every crime must have a subject, some crimes are committed by one person, the subject is one person, some crimes are committed by several people, and the subject is several people. According to the criminal law, a company, enterprise, institution, organ or group commits a crime, which constitutes a unit crime. Therefore, the unit can also become the subject of crime.
(2) Subjective aspect refers to the psychological state and results of the criminal subject's criminal behavior. There are two kinds of subjective psychological state of crime, namely intention and negligence. For example, if you commit theft, the criminal wants to steal other people's property for himself; Commit the crime of intentional injury, and the offender hopes to cause damage to others' bodies.
Some crimes are negligent crimes, such as the crime of fire, and the offender has a negligent psychological state. When the unit constitutes a crime, the person responsible for the unit crime also has a subjective psychological state.
(3) The objective aspect refers to the concrete manifestation of criminal behavior. For example, fraud, fabricating facts to deceive others, drug trafficking, drug trafficking and so on.
(4) The criminal object refers to the social relations protected by criminal law and infringed by criminal acts. The criminal object is different from the criminal object. The object of crime is the object directly targeted by criminal acts, such as murder and injury. The object of crime is a specific victim, and the object of crime refers to the social relationship that citizens' personal rights protected by criminal law are not illegally violated.
References:
Baidu encyclopedia-crime
References:
Baidu encyclopedia-criminal behavior
References:
Dianjiang County People's Congress Standing Committee-People's Republic of China (PRC) Criminal Procedure Law