Question: 1. How should the behaviors of Party A, Party C and Party B be characterized? What measures are there? How to deal with a variety of illegal acts? Please provide a justification for the answer.
B belongs to self-defense and does not bear legal responsibility.
A's behavior is extortion and beating others.
C's behavior belongs to extortion.
A's two acts should be ruled separately and executed jointly according to the Law on Public Security Administration Punishment, but they do not belong to administrative detention.
C's behavior should be administratively detained in accordance with the Law on Public Security Administration Punishment, and a fine of 1000 yuan can be imposed.
The local police station patrolled and summoned three people directly to the police station. After arriving at the police station on 15 in the afternoon, Party A and Party B requested to contact their parents, but the police did not allow them. After the police asked the three people separately, they found that their statements were quite different, so they called the three people together to face each other and continued to ask for investigation. At about 22 o'clock that night, A's mother heard that her son was at the police station and came to ask to see her son. The police at the police station refused because A was under investigation. The next afternoon 16, the police ended the investigation. Three days later, the police station imposed administrative detention on Party A 15, which was executed on the same day, but did not punish Party C. ..
Question: 2. What are the practices of the public security organs and their policemen in this case that are not in compliance with the law? Please provide a justification for the answer.
1. Administrative detention is not applicable to minors. 2. The police station investigated and detained three people for more than 24 hours, and the summons should not exceed 24 hours. . 3. As a minor, Party A shall be allowed to meet the guardian, and Party A and Party B, as minors, shall have the guardian present during the interrogation. . 4. If Party A is a first-time offender, parents should be instructed to strictly discipline Party A's looting behavior ... 5. Party B's pushing Zhang away belongs to self-defense and does not assume responsibility. 6. Party C may impose a public security fine.
(2) Duan (male, 25 years old) and Li (female, 24 years old) often quarrel over trifles after establishing a love relationship. On the evening of 2011August14th, Li and Duan had another fierce argument. Duan injured Li, and neighbors Zhao, Han and Wang stopped him, sent Li to the district hospital and reported the case to the public security organ. After identification, Li was slightly injured. The public security organ filed a case against Duan for intentional injury and summoned Duan to the public security organ for interrogation. After the expiration of 12 hours, the public security organ will extend the summons period to 24 hours. After the first interrogation, the public security organ decided to take compulsory measures to release Duan on bail pending trial. During the period of bail pending trial, Duan fled to other places. The public security organ decided to take technical investigation measures to monitor his phone, and then arrested Duan, and changed the compulsory measures of bail pending trial into arrest. When Duan was interrogated again after his arrest, the public security organ informed him that he had the right to hire a lawyer. Duan's father hired a lawyer Xu for him, but when the lawyer asked to meet Duan, the public security organ refused on the grounds that the lawyer was not hired by Duan. During the investigation by the public security organs, Li filed a request for incidental civil action, which was rejected by the public security organs and told to file a case directly with the people's court when the case entered the trial procedure. After that, Li and Duan took the initiative to reconcile.
Question 1: Is it correct for the public security organs to take technical investigation measures against Duan? Please provide a justification for the answer.
Not correct. According to Article 254 of the Procedures for Handling Criminal Cases by Public Security Organs, the scope of application of technical investigation measures is as follows:
1, crimes endangering national security, terrorist crimes, organized crimes of underworld nature, and major drug crimes;
2. Serious violent crimes such as intentional homicide, intentional injury, or death, rape, robbery, kidnapping, arson, explosion, and throwing dangerous substances;
3. Group, serial and trans-regional major criminal cases;
4, the use of telecommunications, computer networks, delivery channels and other major criminal cases, as well as major criminal cases against computer networks;
5. Other criminal cases that seriously endanger society can be sentenced to fixed-term imprisonment of more than seven years according to law.
6. The public security organ may take necessary technical investigation measures against the fugitive criminal suspect or defendant who is wanted or has been approved or decided to arrest.
None.
Question 2: Is it correct for the public security organs to change the compulsory measures taken against Duan to arrest? Please explain the reason.
Not correct. Duan escaped. Arrest must be approved or decided by the people's procuratorate, or decided by the people's court, and the public security organ can only execute it and cannot change it.
Question 3: Apart from the above-mentioned problems, what other mistakes did the public security organs make in handling cases in this case? Please point out and explain the reasons.
After the expiration of 1 and 12 hours, the public security organ extended the summons period to 24 hours.
The Criminal Procedure Law stipulates that criminal suspects shall not be detained in disguised form by means of continuous summons or compulsory summons. Unless the case is particularly serious and complicated, the time for summoning and summoning shall not exceed 12 hours.
2. Duan's father hired a lawyer Xu for him, but when the lawyer asked to meet Duan, the public security organ refused on the grounds that the lawyer was not hired by Duan. Public security organs violate the law.
3. During the investigation by the public security organ, Li filed a request for incidental civil action, which was rejected by the public security organ, and told to bring a lawsuit directly to the people's court when the case entered the trial procedure. Article 89 of the Supreme People's Court Judicial Interpretation stipulates that after a criminal case is filed, an incidental civil action shall be initiated before the judgment of first instance is pronounced. Public security organs violate the law.
Q 4: Li and Duan voluntarily reconciled. How did the public security organs handle it?
According to the provisions of the Criminal Procedure Law,
Article 277 In the following cases of public prosecution, if the criminal suspect or defendant sincerely repents and obtains the understanding of the victim by means of compensation for losses or apology, and the victim voluntarily reconciles, both parties may reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.
Article 278 If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement.
Article 279 The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
(3) Party A was sentenced for robbery in March 1999, and did not repent after he was released from prison in March/20 14. 20 15, 1 One day in June, A used a master key to drive a luxury car worth 300,000 yuan in a residential area, and then found a friend B to tell him that the car was stolen and asked to help him keep it. Party B requires Party A to drive the car to its warehouse in the suburbs and ask Party A to give the car keys to Party B for safekeeping. One day, B found a briefcase in the car, which contained three documents printed with top secret words by a state organ, a credit card (with a password on the back) and a gold necklace. B In order to show off, he posted the contents of the above documents on the Internet, took the gold necklace as his own, and used a credit card to shop at the mall for more than 20,000 yuan. B rents the car to cousin C at the price of 5000 yuan per month, and makes a profit of 1 000 yuan.
Question: 1, what crime does the behavior of A and B constitute? What are the circumstances of sentencing? And explain why.
A constitutes theft, belongs to recidivism and should be severely punished. According to the provisions of the Criminal Law, if a criminal sentenced to fixed-term imprisonment or more commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the execution of the punishment or pardon, he is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18.
Party B provides a storage place knowing that the vehicle was stolen by Party A, which constitutes a cover-up and concealment of a crime; Unauthorized possession of the items in the car is a secret theft of other people's property, and the amount is large, and the use of stolen credit cards constitutes theft; Second, publishing the contents of documents printed with top secret words by state organs on the Internet constitutes the crime of illegally obtaining state secrets and deliberately revealing state secrets, and should be punished for several crimes.
After receiving the report from the owner, the public security organ arrested A and detained him in the detention center, while B was at large. Party A's lawyer C is going to meet with Party A, and the detention center requires him to provide lawyer's practice certificate, law firm certificate, power of attorney and a copy of C's ID card. C provide and meet a as required. Two days later, C found Ding, a policeman who handled the case, hoping to consult the case file. During the negotiation, C allowed Ding to copy some case files. After that, the police put A into the detention center and went to the interrogation room of the public security organ for interrogation again. According to A's confession, police officers E and G searched B's residence, and B's wife refused to search. Policeman e asked the street cadres to take B's wife away, and searched B's residence with G. No criminal evidence was found after the search. Policemen E and G returned to the unit and reported the search to the leader orally, but did not make inspection records.
Question: 2. What mistakes exist in the process of handling cases by public security organs, and explain the correct practices.
According to the requirements of the Criminal Procedure Law and the Procedures for Handling Criminal Cases by Public Security Organs, there are the following problems:
(1) It is wrong to ask a lawyer to provide a copy of his ID card. According to the Criminal Procedure Law, if a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to meet with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time;
(2) Party D asked Party C to consult the case files, and some materials were copied incorrectly during the consultation. The Criminal Procedure Law stipulates that defense lawyers can consult, extract and copy the case file materials from the date when the people's procuratorate examines and prosecutes the case.
(3) The police put A in the detention center and tried him in the interrogation room of the public security organ again. The Criminal Procedure Law stipulates that after a criminal suspect is sent to a detention center for custody, the investigators shall interrogate him in the detention center.
(4) If the search warrant for B's residence is not approved according to law, the search warrant must be presented to the searched person;
When B's wife refused to search, police officer E asked street cadres to take B's wife away and searched B's residence with Geng. The Criminal Procedure Law stipulates that the searched person or his family members, neighbors or other witnesses shall be present during the search;
(6) For the mistake of not making a search record, the Criminal Procedure Law stipulates that the search should be written in a record, which should be signed or sealed by the investigator and the searched person or his family, neighbors or other witnesses. If the searched person or his family is at large or refuses to sign or seal, it shall be indicated in the record.