Will a husband catch his wife when he commits a criminal case? When we commit illegal crimes, according to the seriousness of the situation, we may need to go to jail. Prison also means that our freedom is deprived. Let's see if the husband will catch his wife if he commits a criminal case.
Will a husband catch his wife if he commits a criminal case? 1 As long as the wife is not involved in the crime, she will not be implicated. Criminal incidental civil compensation will partly involve couples with common property to bear civil liability.
Legal basis: Article 25 of the Criminal Law of People's Republic of China (PRC) refers to intentional crimes committed by two or more persons. If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed.
What should the wife do if the husband is detained in criminal detention?
The husband is detained in criminal detention, and the wife should deal with it like this:
1, don't rush to the hospital, don't blindly trust acquaintances without knowing the case, and beware of being cheated by swindlers or the law.
2. Send some clothes, bedding and living expenses to the detention center as soon as possible, so as to let the suspect know that his family already knows the news of his criminal detention and care about him, so as to avoid the suspect being too nervous or lost in the detention center.
3. Go to the case-handling unit to receive the detention notice, determine the exact charges suspected, and collect the seized property unrelated to the case, such as identity documents, mobile phones, bags, bank cards, etc.
4. Entrust a professional criminal lawyer through a regular law firm as soon as possible. Lawyers are similar to doctors, with different occupations and directions. Entrusting a civil or unprofessional criminal lawyer will not only be ineffective, but also delay the opportunity.
Professional criminal lawyers can meet criminal suspects in time, avoid being lured, deceived or even extorted by torture in the early stage of investigation, and effectively guide criminal suspects to safeguard their legitimate rights and interests.
At the same time, professional criminal lawyers will also communicate with the case-handling unit to understand the detailed information of the case and put forward professional opinions.
The fact that a husband is detained in criminal detention does not mean that he will be sentenced. A professional criminal lawyer should be entrusted to participate in the case defense in time.
Article 16 of the Criminal Procedure Law stipulates that in any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or innocence shall be declared:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(6) Being exempted from criminal responsibility according to other laws.
Will a husband catch his wife if he commits a criminal case? If the husband commits a crime at home, the wife will not be implicated. Unless the wife participates in his crime, participation constitutes a crime; If you don't participate in the crime, but cover up and cover up, it may also constitute the crime of harboring. If you participate in selling stolen goods or hiding stolen goods, it may constitute a crime of sheltering.
All the above three acts belong to the same crime. According to Article 25 of the Criminal Law of People's Republic of China (PRC), if a wife participates in a crime, she shall be punished according to her responsibility.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 263 Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated:
Burglary;
(2) Robbery on public transport;
(3) robbing banks or other financial institutions;
(4) Robbery for many times or the amount of robbery is huge;
(5) Robbery causes serious injury or death;
(six) posing as military and police personnel to rob;
(7) Armed robbery;
(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft Article 1 Whoever steals public or private property with a value of more than 654.38 million yuan and less than 3,000 yuan, more than 30,000 yuan and more than 654.38 million yuan and more than 300,000 yuan and less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount".
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft is carried out on cross-regional public transport and the location of theft cannot be verified, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.
Will a husband arrest his wife if he commits a criminal case? Will the husband arrest and interrogate his wife if he commits fraud?
A husband commits fraud and generally does not arrest and interrogate his wife.
Generally speaking, if the woman doesn't know about the man's fraud and doesn't commit the same crime, the police won't arrest her for questioning, and the woman doesn't have to bear criminal responsibility. According to the relevant provisions of Chinese laws, the crime of fraud needs to bear certain criminal responsibility. Generally, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. The amount of fraud in the crime of fraud is determined as follows:
1, personal fraud of public or private property of more than 3000 yuan, belonging to the "large amount";
2, personal fraud of public and private property of more than 30 thousand yuan, belonging to the "huge amount";
3. Individuals who defraud public or private property of more than 500,000 yuan are involved in a huge amount of fraud.
The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":
1. The ringleader of a fraud group or the principal of a fraud crime, if the circumstances are serious;
2. The recidivism or fugitive crime is seriously harmful;
3. defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses;
4, defrauding disaster relief, emergency rescue, flood control, preferential treatment, relief, medical funds and materials, resulting in serious consequences;
5, squandering fraudulent property, resulting in fraudulent property can not be returned;
6, the use of fraudulent property for illegal and criminal activities;
7. Having received criminal punishment for fraud;
8. Causing death, mental disorder or other serious consequences to the victim;
9, with other serious circumstances.
Criminal law of the people's Republic of China
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.