Case 1:
One night, four students from a middle school in a county broke into the boys' dormitory of a middle school on the outskirts of the city. They took out daggers and threatened and beat their classmates in the dormitory. ****, robbing more than 200 yuan. Because the victim student reported the crime promptly, they both went home at the same time 40 minutes later.
Case analysis: In this case, the perpetrator "objectively used violence, coercion or other methods to force the custodian, owner, or guardian of the property to hand over the property"; in terms of method, Carrying out violence, openly "strike or coerce the victim's body, such as tying, beating, confinement or other methods to force him to hand over property. For example, tying, beating, confinement, injury, etc.", seriously threatening the life and health of others; subjectively Above, they deliberately used violence to seize property for the purpose of illegal possession. Therefore, the behavior of the four students has violated the criminal law. Our country's "Criminal Law" also clearly stipulates the age of criminal responsibility: "(1) A person who has reached the age of 16 at the time of committing a crime shall bear full criminal responsibility. Because his intelligence in distinguishing right from wrong, good and evil increases with age, he should (2) A person who is over 14 years old but under 16 years old at the time of committing a crime shall be held criminally responsible for intentional homicide, intentional injury, rape, robbery, drug trafficking, arson, blasting, poisoning, etc. Crimes that are harmful to society are criminally responsible. These four students committed crimes. Three of them were 16 years old and one was 15 years old when they committed the crime. They should be held legally responsible according to the age of criminal responsibility. 2:
16-year-old middle school student Liu is a sophomore in high school with a very good family background. Liu has been pampered since he was a child and does not seek to make progress in school. He goes to Internet cafes almost every day and has developed a bad habit of gambling. He spent money like water. As time went by, his parents became aware of his bad habits and strictly controlled his financial resources. Since asking for money from his parents was not an option, and he was really eager to go out and show off, one day, he took advantage of his parents to go out and took over the house. More than a month later, Liu's parents discovered that 5,000 yuan in cash had been stolen. They soon suspected him and asked their son if he had taken the family's money. At this time, the 5,000 yuan was almost stolen. He squandered it all, and Liu repeatedly said that he didn't take it out of fear of being blamed by his parents. His father then reported the crime to the public security agency. After careful investigation, the public security agency targeted Liu. In the face of a large number of facts, Liu had to admit. The money was stolen, and the public security authorities placed him under criminal detention and later arrested him. The parents knew that the thief was their son and believed that it was not a crime for the son to steal their parents' money, so they did not want to be held accountable and asked the public security authorities to release Liu. However, The public security organs believed that Liu was suspected of committing a crime, so they did not approve the request of Liu's parents.
Case analysis: Whether stealing the property of parents or close relatives constitutes a crime and the punishment has its own specificities. "Theft of one's own family property or the property of close relatives is generally not treated as a crime; if it is indeed necessary to pursue criminal responsibility, the punishment should be different from crimes in society." Liu stole 5,000 yuan of money from home. , the amount was relatively large, and he refused to admit it when his parents asked him, and he used the stolen money for gambling and squandering. Based on these circumstances, Liu should be in a situation where "there is a real need to pursue criminal responsibility" and the judicial authorities should criminally detain Liu on suspicion of theft. Liu, this is completely in compliance with relevant legal provisions. However, the property Liu stole belongs to his own home, and its social harm is obviously less than the harm to society. In addition, he is a minor, so the court declared him guilty. At the same time, the punishment will usually be greatly reduced. Case 3: One night in July 2002, three students from a middle school sneaked into the school without the guard paying attention and went straight to a classroom. The student first kicked the classroom door a few times, and then two other students kicked it, knocking down a piece of the classroom door. The three people took this opportunity to enter the classroom, and began to destroy other things, and then walked away for a long time.
Case analysis: "Article 72 of the National Education Law of the People's Republic of China" stipulates: "Gathering to fight, picking quarrels and provoking troubles, disrupting the order of schools and other education and teaching, or damaging school buildings, venues and If there is any other property, the public security organs will impose public security management penalties; if it constitutes a crime, criminal responsibility will be investigated in accordance with the law. "The behavior of three students who destroyed school buildings and other property should be punished by the public security organs in accordance with the relevant provisions of the "Regulations on Public Security Administration Punishments."
Case 4:
Li (male, 19 years old), Wang (male, 19 years old), and Xu (male, 15 years old) planned to kidnap Liu and Zhang, students from a certain township middle school, and then to His family extorted cash. 6 pm on May 8, 2005: At about 6 pm on May 8, 2005, the criminal suspects Li and Wang carried two prepared murder weapons: spring knives, three ropes, an iron rod, and a piece of tape. Volume, arrived in Honghu at the east end of No. 3 Bridge in a certain township in advance, and another suspect Xu used the excuse of going to Hexi to play computer games to take Liu (male, 16 years old) and Zhang (male, 15 years old) from their homes. When the three of them walked to the east end of the Hexi Bridge, Xu deceived the victim to the third pier at the east end of the West Bridge on the pretext of going to the bridge pier to get the money hidden there. After Liu and Wang forcibly stopped the two victims with spring knives, Li hit Liu on the head several times with a crowbar. After Liu fell to the ground, Wang and Xu immediately used a rope prepared in advance to restrain Liu. After about a minute, seeing that Liu was not moving, he used the same method to knock the victim Zhang to the ground. That is, both victims were dead! Escape the scene quickly. The next day, the three suspects called Zhang's family and asked for money, asking for 50,000 yuan. Case analysis: Li, Wang, and Xu premeditated to commit the crime of kidnapping, but during the actual execution of the crime, they not only committed kidnapping, but also committed intentional homicide. According to the provisions of our country's criminal law, those who commit kidnapping and kill the kidnapped person shall be punished as kidnapping. This type of kidnapping crime essentially includes two specific acts: one is the act of kidnapping, and the other is the act of killing the kidnapped person. These two situations can constitute independent crimes in our country's criminal law, that is, the general circumstances of kidnapping and intentional homicide. In this case, Li and Wang have reached the legal age and should bear full criminal responsibility. Xu was under 16 years old when he committed the crime. According to Article 17 of the Criminal Law, he should not be held criminally responsible for the crime of kidnapping, but he should be held criminally responsible for the crime of intentional homicide he committed.
As the saying goes: "Three feet of ice does not last a day." Illegal crimes committed by minors do not happen overnight, but are an accumulation and gradual process from quantitative changes to qualitative changes. Let each of our students have self-respect and self-respect, abide by rules and disciplines, and be a good student with both good character and academic performance.