1, crime of destroying power equipment:
Stealing wires is common. It takes three years to cut scissors, without trying. Stealing that thread often doesn't sell for 1000.
2. Collect used cars:
There are many second-hand motor vehicles of unknown origin, as long as they are purchased at a price significantly lower than the market price, they are often presumed to be "knowing that they are stolen goods" and considered to be guilty of covering up crimes. Less than three years after starting, five cars or a total of 500 thousand is 3-7 years. This "500,000" refers to the value of the car. The appraised value has been higher than the market price. It's easy to scrape together 500 thousand. Many people who are greedy and cheap have been taken in.
3, after the burglary into robbery:
The legal penalty for burglary is less than three years, but once it is discovered and there are violent and threatening means, it will turn into burglary. Statutory punishment 10 years or more, life imprisonment, death penalty.
4. Online shopping for air guns:
A few days ago, before the approval of the Supreme Law on air guns was issued, the criteria for identifying guns were very strict. However, even if this reply relaxes the gun identification of air guns, what has not changed is the behavior of "buying", which is directly characterized as the crime of buying and selling guns, rather than the crime of illegal possession of guns. The legal punishment will start in three years.
In practice, some judges think it is too important, so they find some reasons that "the evidence is not enough to identify the sale" to forcibly convict the crime of illegal possession of guns, or directly sentence them to probation.
5. Obscene video:
The crime of spreading obscene articles for profit is common in street stalls. A few dollars per video, directly stored in the customer's mobile phone. Speaking of videos, the quantitative standard on which this crime is based is the Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Making, Copying, Publishing, Selling and Disseminating Obscene Electronic Information by Using the Internet, Mobile Communication Terminals and Voice Stations, which was issued in 2004. 20 videos were convicted, 100 videos for 3 years, and 500 videos 10 years.
6. Drugs:
Trafficking in ice or heroin 50g 15 years, and trafficking in10g for 7 years. In fact, most people in this business know it, but what they don't know is their families. Many family members heard that the defendant was sentenced to fifteen years.
And this is calculated according to the weight of a whole package of drugs. For example, if 0. 1 g methamphetamine is mixed into a bag of coffee, it will be calculated according to the total weight of the whole bag of coffee when the crime is finally determined.
7. Fighting:
Many people know that the standard of intentional injury is minor injury, so they just want to deal with it lightly.
They don't know that the crime of provoking trouble is waiting ahead. Moreover, the penalty for the crime of intentional injury causing minor injuries is less than three years, and the penalty for the crime of provocation is less than five years, which is even heavier.
As for the crime of stirring up trouble, subjectively "trying to be brave and fight hard" is not a problem. Some people fight without trying to be brave.
So young people like to call for help when fighting. Two groups of people clashed and made moves on the spot-picking fights, less than five years.
The loser is not convinced and asks people to continue to fight-affray crime, less than three years.
Moreover, most of the people who are called are not empty-handed, and how many people will bring the guy who hits people-armed to make trouble, 3- 10 years.
8. The pseudo base station sends fraudulent short messages:
The common method is to cheat a fellow villager/young man who is eager to find a job, drive around a crowded place, install a pseudo base station in the car, and send fraudulent text messages regularly. At the end of the day, it ranges from 8 thousand to tens of thousands.
According to the provisions of the crime of fraud, sending 5,000 fraudulent text messages was deemed as attempted fraud, and the circumstances were serious. The statutory penalty was 3- 10 years; Article 50,000 The crime of fraud is found, and the circumstances are particularly serious. Statutory punishment/kloc-more than 0/0 years, life imprisonment.
Although the conviction of attempted crime can reduce the punishment, even the accomplice, the minimum reduction is 1, and 50,000 articles can be issued at will for at least three years.
9. Help strangers bring things through customs:
It is more likely to be identified as smuggling.
Although it may not prove that you "know", it is not a big problem to pin your hopes on this kind of thing and detain it for one month first.
10, bribery:
Most people will think that this is a bribe, and giving money is not a bribe. But in fact, in judicial determination, this is a bribery act negotiated by both parties, not a unilateral bribery. Still guilty of accepting bribes.
Similarly, for those who accept bribes, it may be to exchange feelings, eat a meal, wrap a gift or give thousands of red envelopes during the Chinese New Year holiday, but as long as the other party has a binding relationship with themselves, such as judges and lawyers, enterprises and industrial and commercial bureaus, real estate developers and housing management bureaus, this is the crime of accepting bribes and bribery, not "general personnel relations."
Conviction and conviction in criminal law;
"Guilty" means that a guilty person is acquitted, or a felony is convicted as a misdemeanor.
"Conviction" refers to making innocence or misdemeanor a felony.
Judicial personnel who intentionally commit crimes of entering households shall be punished according to law; Whoever commits the crime of wrong entry or exit shall be given a mitigated punishment. This provision in the Tang Law is intended to emphasize increasing the responsibility of judicial personnel, so as to ensure the uniform application of the law and reduce the occurrence of unjust cases.
Principle of legally prescribed punishment for a crime:
1, basic meaning: there is no express stipulation that no crime is committed, and there is no express stipulation that no punishment is imposed.
2, the basic content:
(1) A legally prescribed punishment for a crime: excluding customary law. The source of criminal law can only be the legal norms of criminal entities formulated by the highest legislature (the National People's Congress and its Standing Committee) according to law. In addition, other normative legal documents cannot be used as the source of criminal law. In China, the sources of criminal law include the Criminal Code (including the eighth amendment to the Criminal Law) and the special criminal law (the decision on punishing the crimes of swindling, evading and illegally buying and selling foreign exchange was made in 1998).
(2) Punishment before committing a crime as prescribed by law: laws prohibiting afterwards. Only the laws that existed and came into force at the time of the act can have an impact on the act. Ex post facto laws that are not conducive to the actor are prohibited, but ex post facto laws that are beneficial to the actor are allowed. The principle of "from the old to the light" in the retrospective issue expresses this idea.
(3) Strict legality: analogy and all unreasonable explanations are prohibited. Allow analogical explanations in favor of actors.
(4) Legally prescribed punishment for a crime: the appropriateness of criminal laws and regulations.
(1) Clarity: The provisions of the criminal law must be clear and unambiguous, and there can be no ambiguity or ambiguity.
(2) It is forbidden to punish improper behavior and prohibit cruel and unbalanced criminal law. Acts that do not infringe upon the interests of the state, society or others are not allowed to be punished as criminal acts in legislation or justice.
③ Absolute indefinite punishment is prohibited. Absolute statutory punishment has achieved universal justice, but it is difficult to achieve individual justice. At present, the criminal laws of all countries have adopted relatively certain statutory penalties.
legal ground
Article 17 of the Criminal Law of People's Republic of China (PRC) A person who has reached the age of 16 and bears criminal responsibility commits a crime and shall bear criminal responsibility. A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility. If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law.