Circumstances that do not constitute a crime

Legal subjectivity:

(a) the defendant does not have the subjective elements of the crime. A crime consists of intention or negligence. A crime with intention as the constitutive element of a crime does not constitute an intentional crime, because the defendant has no subjective intention. A crime with negligence as the constitutive element of a crime does not constitute a negligent crime because the defendant has no negligence. It is neither intentional nor negligent, and does not constitute any crime. (2) The defendant is not the subject of the crime. Crime must also meet the main requirements stipulated in the criminal law. The subject of crime needs to reach a certain age of criminal responsibility and have the ability of criminal responsibility. (3) The evidence of the defendant's criminal behavior is insufficient. The basic principles of law, such as "a legally prescribed punishment for a crime" and "suiting the crime to the punishment", are the basic principles of criminal trial, and the criminal procedure law determines the principle of presumption of innocence. Evidence can not form a complete chain of evidence or the chain of evidence is out of line, which will affect the determination of criminal facts and should be pleaded not guilty. (4) The procedure of the case-handling organ is illegal. Evidence obtained in violation of legal procedures is very likely to be wrong to prove the facts of the case, and its authenticity and impartiality are difficult to guarantee. Perhaps some attorneys in criminal cases have tried to plead not guilty, but so far they have not heard of successful cases of innocence. The reason why this happens is because the judiciary can't say that it is white or black. If it is obviously innocent, the three major judicial organs will also find the suspect guilty, then my entire judicial system will be corrupt to the end.

Legal objectivity:

Article 3 of the Criminal Law of People's Republic of China (PRC) is a crime and shall be convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.