Bian, a 23-year-old foreigner, is an international student in a medical university. On May 13 of a certain year, Bian Moumou deliberately retaliated after being punched by another medical university student An Mou. At 7 o'clock in the evening of June 10, Bianmou learned that Anmou was meeting a visitor in the reception room of the foreign students' L building 104, so he knocked at the reception room with a wooden stick. After Anmou opened the door, Zou hit Anmou with a wooden handle. After Ann broke free, seven domestic students, including Weng Mou, Feng Mou and Mo Mou, gathered at the west end of the corridor on the second floor of the international student dormitory, holding sticks, rattan and other equipment. Bianmou and five foreign students, including Zhu Mou, Mu Mou and Bai Mou, gathered in front of Room 208 in the middle of the corridor on the second floor of the foreign students' dormitory with wooden sticks and sharp kitchen knives, and the two sides formed a confrontational state. The two sides had a fight. In the fight, the wooden stick on the side was knocked off, and he stabbed Weng, a foreign student, in the upper abdomen with a sharp kitchen knife. The wound penetrated into the chest cavity and cut the liver into parts. He died the next afternoon after being rescued.
[Question] What kind of crime does Bian's behavior constitute? Can our criminal law be applied to investigate his criminal responsibility?
Case 2: The Scope of effectiveness of the criminal law
Li, male, 26 years old, a worker. Wang Yiyong, male, 24 years old, a worker. Both Li and Wang are citizens of China. In June 5438+10, the two men were hired to work on an American ship. On the 24th of the same month, after the ship docked at a port in Brazil, they made trouble by drinking on board. Not only did they not listen to the dissuasion of the captain and other staff members, but they also openly killed Zhang Shiliang, a citizen of China who stopped them. After the murder, he robbed some other crew members, then fled to a city in Brazil to hide, and planned to escape to a third country. Because their belongings were stolen during hiding, Wang Yiyong was forced to return to the ship and reported Li's hiding place. Later, the Brazilian police arrested Li and Wang.
[Question] Can the criminal acts of Li and Wang be applied to our criminal law? Why?
Case 3: The scope of effectiveness of the criminal law
] Thai citizen Wen Yuanhe. Dai Wen is from Guangzhou, Guangdong. Yu Xikuan is a native of Taishan County, Guangdong Province. The above three people had planned transnational drug trafficking activities in Thailand. It was agreed that Dai Wen would be responsible for receiving and transporting drugs and leaving the country through Kunming and Guangzhou in China. On April 18 of a certain year, Dai Wen and Yu Xikuan entered Kunming. After meeting Wen Yuanhe who came from Thailand, * * * made an appointment with the foreign drug traffickers who smuggled into Kunming to hand over drugs in Kunming. 16 At 6 o'clock in the afternoon on August 6th, Dai Wen and Yu Xikuan were caught in the act of collecting drugs at a fruit stall outside Kunming Railway Station, and seized 22,768 grams of heroin. Yuan Wen and he were also arrested that night.
[Question] Can China's criminal law be applied to the actor in this case? Why?
Case 4: Interruption of limitation of action
Liu Moumou, male, 32 years old, a worker. 1June 19971March 2, Liu raped a young woman with mental illness by deception. After Liu was arrested on July 4, 1999, he confessed that he illegally cut down 200 collective trees on March 3, 1993.
[Question] Is it necessary to investigate Liu's illegal felling of trees? Why?
Case 5: Stabbing a plainclothes policeman
Lai, male, 25 years old, worker. In the process of fighting with others, the behavior of a plainclothes policeman is mistaken for the tort of the other accomplice, and it is treated as the tort of the illegal infringer and implemented.
One night, Lai met two young men who were insulting his girlfriend near his home, that is, he stepped forward to stop him and was forced to fight back because he was beaten by one of the young men. During the fight, plainclothes policeman Huang passed by and grabbed Lai's left shoulder, but did not identify himself as a public security officer. Lai mistakenly thought that Huang was an accomplice of the other side, so he drew a knife and stabbed Huang's left arm and fled.
[Question] How to identify and deal with Lai's behavior? And please explain why.
Case 6: The case of manslaughter by a special obligor.
Shimou, male, 35 years old, a worker. Shimou often abuses his wife. One day, after Shimou left, Shimou's wife committed suicide by taking poison because she couldn't bear Shimou's beating. Neighbors found Shimou's wife struggling in bed, so they took Shimou back and asked him to send his wife to the hospital for rescue. Shimou neither rescued nor allowed his neighbors to rescue him, but also said maliciously, "I want to watch her die." Finally, the neighbor forcibly sent Shimou's wife to the hospital, but because of the long delay, the rescue died.
[Question] Does Shimou's behavior constitute a crime and why?
Case 7: Commit a new crime while serving a sentence.
Zhang Moumou, male, 23 years old. Zhang Moumou was sentenced to 5 years' imprisonment by the court on May 5, 1997 for committing theft. While serving his sentence, Zhang was released on medical parole in July of the same year 1 1. From the month when he was released on medical parole, Zhang Moumou continued to commit theft. It was stolen 23 times in a year, with a value of 45,000 yuan.
[Question] How should the court punish Zhang Moumou?
Case 8: Age of criminal responsibility
Wei, male, 15 years old. Wei was detained and examined by the public security bureau in March of a certain year because of robbery with others. In April of the same year, Wei dug a hole from the detention center to escape. In June of the same year, he was arrested and brought to justice.
[Question] How should Wei be convicted and punished?
Case 9: Having sex with a young girl during love.
Ma Moumou, male, 17 years old. Ma is working on the mountain. When he saw Duan Moumou (13 years old, height 1.62 meters), a girl from his hometown Linshui village, he was digging wild vegetables, so he asked which village Duan Moumou was from, his name and age. Duan lied that he was 17 years old. When Duan asked Ma's age and name, Ma said that he was 19 years old and lied that he worked in the county pastry factory. When the two chatted, Ma Moumou said that he would introduce Duan to an object in his village. Duan agreed, so he introduced an object to Ma Moumou and said, "How about a person like me?" The horse said, "All right." A few days later, the two met at the Expo, and they shared the same interests, so they established a love relationship. In the evening, the two went back to Ma's house to stay and had sex. A few days later, Duan learned that her parents were looking for her and asked Ma to take her to the other place to hide. Ma Moumou took Duan to his aunt's house for two nights and had sex many times. Later, Ma took Duan to stay with his uncle.
[Question] Does the horse's behavior constitute the crime of raping a young girl? Please explain the reason.
Case 10: Crime of transporting drugs
Tian met Yuan when Chuxiong went to Dehong to do sheepskin business. Yuan asked Tian to take something to Baoshan, and Tian agreed. Yuan Moumou wrapped 750 grams of opium he bought in plastic film into strips to reduce the smell of opium, and then put it in a bag sewn with a towel, instructing Tian Moumou to tie it around his waist. Tian Moumou asked Yuan what it was, and Yuan said, "Stop nagging! Just bring it to Baoshan. " Tian moumou vaguely smelled something when he was carrying it, but he didn't know what it was. He took a bus from Dehong City to Baoshan and was arrested when he passed the Hongqi Bridge.
[Question] Does Tian's behavior constitute the crime of transporting drugs, and why?
Case 1 1: intentional homicide.
At 8 o'clock one night, Li Jian, Li Junhua, Huang Jiande and others 10 went to a factory to make trouble and molest female workers. When the factory director and workers came to stop it, Li Jian took the pig-killing knife from his accomplices and cut it at the crowd, causing a worker to suffer minor facial injuries. On the way to escape, Li Jian heard someone running behind him, mistakenly thinking that someone was chasing him in the factory, that is, he turned and stabbed people in the abdomen, and as a result, he stabbed his confidant Huang Jiande to death.
[Question] What kind of crime does Li Jian's behavior constitute?
Case 12: Police shooting.
Zhu, male, 3 1 year-old, a cadre of a county public security bureau. One night at about 1 1: 40, Zhu was sleeping when he suddenly heard something outside the house, so he got up and went out with a pistol to check and found a figure shaking under the big tree opposite the door. Zhu stepped forward and asked, "Who? What do you do? " The man turned and ran. Zhu thought someone was stealing, so he ran after him. Shout "stop" while chasing. When I chased my neighbor Ding's back door, I saw the image of a person turn right, and then I shot at the figure at a distance of more than 100 meters. Wang (male, 19 years old) was shot to the ground immediately and died on the way to the hospital.
[Question] What is Zhu's psychological attitude towards Wang's death? Should I bear criminal responsibility?
Case 13: asking for arrears, fighting and hitting my father by mistake.
Wu moumou went to his uncle's house to ask for money after drinking, and had an argument with his uncle, so he went to his father's house and took a wooden stick (length 140 cm, diameter 50 cm). When I came back, I saw his uncle talking to his father on the road (the distance between them was about 1 m), so I hit his uncle with a wooden stick. His uncle dodged and hit his father on the head with a wooden stick, resulting in his father's death.
[Question] How should Wu's behavior be handled? Please explain the reason.
Case 14: Accidentally injuring others with an air gun.
Ma Moumou is playing with his children with an air gun at his door. Seeing my friend Zhao passing by on a bicycle, I said hello to him and casually shot Zhao's wheel. Who knows that the bullet was on the upper side and hit Zhao's left eye, which caused Zhao's left eyeball to be removed.
[Question] Does the horse's behavior constitute a crime? Why?
Case 15: Poisonous snake wounding case
Yang Moumou, Zhuang Moumou, Yang Moumou and Zhang Moumou in the village cut wood for Lu Moumou's family. On my way home, I found a poisonous snake in the grass beside the road. Yang was caught knowing that it was a poisonous snake. Five people walked forward in a row, and Yang walked at the end, only l meters away from Zhuang Moumou in front. When Zhuang Moumou bent down to pick up the clothes on the roadside, the poisonous snake in Yang's hand bit his right leg. He was immediately poisoned and swollen, unable to walk, and was carried home. Zhuang Moumou amputated his right leg after surgery.
[Question] Does Yang's behavior constitute a crime? What is its subjective psychological attitude?
Case 16: Accident
Zhang, male, 26 years old, driver. One morning, Zhang drove to the dock by the Yangtze River. There were five people on the bus, including the director of the supply and marketing cooperative, his wife, daughter and other relatives. When the car went to the slope 29 meters away from the river, the master cylinder cup suddenly burst and the brakes failed. Zhang stepped on the brakes three times. And immediately pulled the handbrake, but they couldn't stop. The car crashed into the Yangtze River and four people drowned. Only the director's daughter and Zhang were rescued. After technical appraisal, the brake failure caused by the rupture of the master cylinder cup belongs to mechanical failure.
[Question] Please analyze whether Zhang's behavior is a negligent crime or an accident.
Case 17: Force Majeure Event
Wang Moumou, male, 2 1 year old, Han nationality, a street vendor in a city. Yang Moumou, male, 23 years old, Han nationality, a street vendor in a city. At 5 o'clock in the afternoon, Wang is selling pork in the free market. When he saw a woman selling vegetables arguing with two customers in a neighboring stall, he walked past with boning knife in his right hand to watch the fun. On the way back, Yang and Wang were joking and hugged Wang. The king said to Yang, "Don't make trouble. I have a knife in my hand. Don't marry you. " Wang Moumou said that he turned the deboning tip of his right hand from the original downward to the backward to prevent stabbing Yang Moumou. But Yang still put her arms around the king's shoulder and pushed it back; Wang stood unsteadily and fell backwards. It happened that the victim Zhao stood beside Wang, and boning knife in Wang's hand pierced Zhao's abdomen, causing Zhao's waist open trauma and spleen stab wound. Case 18: Accident
Shen, male, aged 33, is a car driver. One afternoon, Wu Mou, a salesman of the county supply and marketing cooperative, wanted to find a place to stay after buying agricultural and sideline products in other counties and towns. The garrison commander Tian arranged Wu in the cabin of the garrison commander's garage. Tian once said to Wu Shuo, "The bus won't come back until around 1 1 p.m." Wu lay in the hut for a while. Because it was too hot, he moved to the hospital to sleep, and covered his head and feet with plastic sheets (about meters long and about 1.6 meters wide) to sleep on the ground. At about 1 1 pm, it was raining and the yard was dark. The driver drove back in a diesel car, and the co-driver got off and opened the garage door. Shen turned off the headlights and only turned on the small lights to drive the car into the yard. Wu Mou, who was sleeping on the ground, was killed on the spot by the left front wheel when he turned to reverse the car.
[Question] Should Shen be held criminally responsible for his death? Please provide a justification for the answer.
Case 19: the form of crime cessation
Pumou tried to rob and followed a woman. When the woman went home to open the door and prepare to close it, Pumou thought that there was no one at home, forced her into the room and locked the door behind her. The woman screamed with fear. Her husband got up when he heard the sound, turned on the light, saw Pu standing at the door and asked, "What do you do?" Pumou couldn't answer, and the woman's husband stepped forward and slapped Pumou several times. With the help of neighbors, Pumou was taken to the public security organs. In the public security organ, Pumou confessed that he went to the woman's house to rob money.
[Question] Please analyze whether Pu's robbery is a crime preparation or an attempted crime.
Case 20: Crime Stop Form
Shen, male, 24 years old, a factory worker. Shen was heavily in gambling debts, which made it difficult to repay, so he tried to steal the cash from the safe of our financial stock. At 9 o'clock in the evening, Shen pried open the door of the financial unit and failed to steal the cash in the cabinet because he could not open the small safe. So Shen moved the small safe away from the financial unit and hid it in a small laboratory next to the warehouse in the factory, hoping to open the small safe and steal cash. The next day, Li, an accountant in the finance department, found that the office door had been pried and the small safe was missing, and immediately reported the case. The public security personnel found the safe in the small laboratory next to the factory warehouse. The cupboard door has not been opened, and the RMB in the cupboard is still intact.
[Question] Please analyze whether Shen's behavior is an accomplished theft or an attempted theft.
answer
Case 1
Bian's behavior constitutes a crime of intentional homicide, and should be investigated for criminal responsibility by applying China's criminal law. In order to retaliate against others, Bian Moumou gathered people to fight. During the fight, he stabbed the victim to death with a kitchen knife. According to the provisions of Article 293 of the Criminal Law, if people gather to fight and cause serious injury or death, they shall be convicted and punished for intentional injury and intentional homicide respectively according to the circumstances. When stabbing people with a kitchen knife, the subjective intention is not clear, and they take a laissez-faire attitude towards the death and injury of others. Therefore, it should bear the criminal responsibility of (indirect) intentional homicide for the death of the victim. According to the provisions of Article 6 and Article 1 1 of China's Criminal Law, all crimes committed in the territory of People's Republic of China (PRC) are subject to China's criminal law except foreigners who enjoy diplomatic privileges and immunities. Those who are ordinary international students, not foreigners who enjoy diplomatic privileges and immunities, should be investigated for their criminal responsibility by applying our criminal law.
Case 2
China's criminal law should apply Li and Wang Yiyong. The actions of Li and Wang Yiyong belong to crimes committed by the people of China and citizens of China outside China. According to the provisions of Article 7 of China's Criminal Law, the criminal law of China shall apply to China people and China citizens who constitute crimes stipulated in China's criminal law outside the territory of People's Republic of China (PRC). If Li and Wang Yiyong are employed by American ships and kill people during the berthing of Brazilian ships, the criminal law of our country shall be applied in accordance with the provisions of Article 7 of the Criminal Law.
Case 3
Our criminal law should be applied to investigate the criminal responsibility of the three actors in this case. The reason is that part of the drug trafficking activities of the three perpetrators were carried out in China. According to Article 6 of China's Criminal Law, unless otherwise stipulated by law, all criminal acts in People's Republic of China (PRC) are subject to China's criminal law. All criminal acts or criminal results that occur in People's Republic of China (PRC) belong to crimes committed in China. Although the three actors in this case planned to sell drugs abroad, the act of selling drugs in our country belongs to a crime in our country, so our criminal law should be applied. Yuan Wen and foreigners who do not enjoy diplomatic privileges and immunities as stipulated in Article 1 1 of the Criminal Law should also apply our criminal law.
Case 4
Liu's illegal felling of trees should be investigated. According to the provisions of China's criminal law on the limitation of prosecution, if the statutory penalty applicable to a crime does not exceed five years' imprisonment, the limitation of prosecution is five years. On March 3, 1993,/kloc-0, Liu moumou committed the crime of illegal felling of trees. According to the Criminal Law 1979, the maximum legal penalty for the crime of illegal logging is three years' imprisonment. The limitation of prosecution for Liu's crime should have been five years, that is,13, 998 expired. However, before the prosecution period for the crime of illegal logging expired, Liu Yu committed rape again on March 12, 997. According to the provisions of China's criminal law, if a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be recalculated from the date when the latter crime occurs, that is, the time limit for prosecution of the former crime is interrupted and the elapsed time is invalid. In this way, the five-year limitation of prosecution for the crime of illegal logging by Liu should be recalculated from1March 1997 12, and1July 4, 1997 is still within the limitation of prosecution, so he should be investigated for criminal responsibility according to law.
Case 5
Lai's behavior constitutes a crime and should be punished as intentional injury. The reason is: (1) Lai's attack on plainclothes policemen belongs to imaginary defense and should bear criminal responsibility. Dependent injury behavior. In fact, the behavior of plainclothes policemen is not illegal. Lai defends the fictitious illegal infringement and should bear criminal responsibility according to law. (2) Lai's injury to plainclothes policemen was intentional. In this case, Lai was negligent in understanding whether the plainclothes policeman was an accomplice of the infringer, but the injury to the plainclothes policeman was intentional, not negligent. (3) Lai didn't realize the identity of plainclothes policemen, subjectively did not intentionally obstruct the police from performing official duties, and could not be convicted and punished for obstructing official duties.
Case 6
Shimou's behavior constitutes a crime and should be investigated for criminal responsibility according to law. The reason is that criminal acts are divided into two basic forms: action and omission. The crime of omission refers to the behavior that the actor has the ability to perform some obligation to prevent some harmful result, but fails to perform it. In this case, Shimou and his wife have a legal obligation to support each other. When his wife is dying, Shimou has the obligation to actively help her. Shimou not only refused to help. Moreover, he did not ask his neighbors for help, which eventually led to the death of his wife, and his behavior was a crime of omission.
Case 7
Zhang Moumou's behavior belongs to the situation of committing new crimes during the execution of punishment. According to the provisions of China's criminal law, in this case, a judgment should be made on the new crime, and the penalty that has not been executed for the previous crime should be combined with the penalty imposed for the later crime to determine the penalty that should be executed. That is, the combination of first reduction and then punishment.
Case 8
Wei's behavior should be given a lighter or mitigated punishment for robbery according to law, and the death penalty should not be applied. The reason is that according to the criminal law of our country, a person who has reached the age of 14 and is under the age of 16 commits the crimes of intentional homicide, intentional injury, serious injury, death or rape, robbery, drug trafficking, arson, explosion and poisoning, and should bear criminal responsibility. At the same time, it is stipulated that people who have reached the age of 14 and under the age of 18 should be given a lighter or mitigated punishment for committing crimes; The death penalty does not apply to people who were under the age of 18 at the time of committing the crime. In this case, Wei committed robbery and escaped. According to the law, he is not criminally responsible for escape, and the court should convict him of robbery. When sentencing, the death penalty cannot be applied to him, and the punishment should be given a lighter or mitigated according to law.
Case 9
The behavior of a horse cannot constitute the crime of raping a young girl. The reason is that the crime of raping a young girl refers to the act of having sexual relations with a young girl under the age of 14. Although Duan is under 14 years old, he is 1.62 meters tall and lied to Ma about 17 years old. According to the situation of both sides at that time, it is impossible for Ma to know Duan's real age, but he lacks the "knowing" that must be possessed in the subjective aspect of the crime of raping a young girl, so it cannot constitute the crime of raping a young girl.
Case 10
Tian's behavior cannot constitute the crime of transporting drugs. Because according to the provisions of China's criminal law, the crime of transporting drugs belongs to intentional crime, that is, the perpetrator knows that it is transporting drugs. In this case, Tian was entrusted to help others transport drugs, but he didn't know it was drugs at all and subjectively lacked the intention to transport drugs. Therefore, it cannot constitute a crime. This situation of being deceived and becoming a criminal tool of others cannot constitute a crime, but the criminal responsibility of the user should be directly investigated. This is called indirect principal offender in criminal law theory.
Case 1 1
Li Jian's behavior constitutes the crime of intentional homicide. In the process of making trouble, Li Jian was chased, and he intended to stab or kill the pursuer. In the implementation of the act, whether the pursuer is dead or injured is a laissez-faire psychological attitude, and should be convicted according to the actual results. In this case, Li Jian's behavior led to the death of others, which should belong to indirect intentional homicide. As for Li Jian who wanted to kill the pursuer but killed his accomplice, it belongs to the object error of crime, the object of murder does not belong to the scope of constitutive requirements, and the object error does not affect the criminal nature of the actor.
Case 12
Zhu's psychological attitude towards Wang's death is indirect and intentional, and he should bear criminal responsibility according to law. As a policeman, Zhu shot people with the intention of hurting others without finding out the truth. Although under the conditions at that time, Zhu was not sure whether he had beaten Wang, both beating and beating were within his own will, that is, Zhu had a laissez-faire attitude towards beating Wang subjectively, and whether Wang was dead or injured after hitting him was also a laissez-faire psychological attitude, which belonged to indirect intention. When Zhu shot, there was no unlawful infringement and he did not have the conditions for legitimate defense. Second, he shot only because others were suspicious and there was no basis for performing his duties according to law. Therefore, Zhu should bear criminal responsibility for his actions according to law.
Case 13
Wu Moumou should be convicted and punished for intentional injury (causing death). Because: Wu Mou had an argument with his uncle, and for the purpose of revenge, he hit his uncle with a wooden stick, subjectively intentionally hurting others, and objectively carried out the act of hitting others, resulting in the harmful result of others' death, which fully met the conditions for the crime of intentional injury. As for his intention to beat his uncle and his father by mistake, it was a blow mistake. This kind of attack on mistakes does not change the behavior nature of the actor.
Case 14
The behavior of the horse constitutes the crime of causing serious injury through negligence. Because: Ma Moumou greeted the victim and shot at the wheel of the bicycle he was riding, indicating that Ma Moumou just wanted to play a joke with Zhao and had no intention of hurting Zhao subjectively. Ma has foreseen that his behavior may cause harm to others, but he thinks the result can be avoided through self-help technology, but in fact he can't. This psychological attitude belongs to the problem of overconfidence. According to the provisions of China's criminal law, negligent crime should bear criminal responsibility. Ma's behavior constitutes the crime of causing serious injury by negligence as stipulated in China's criminal law, and he should bear criminal responsibility according to law.
Case 15
Yang's behavior constitutes a crime and is subjectively negligent. Yang has the ability to understand the fact that poisonous snakes can bite people and cause casualties. When playing with snakes, he should have foreseen that if he was not careful, he might be bitten to death by snakes. However, due to his concentrated play, he didn't notice this danger and didn't take certain preventive measures, so that Zhuang was bitten by a poisonous snake when he bent down, which led to the serious consequences of amputation of his right leg. Mou Yang was subjectively negligent. According to the provisions of China's criminal law, Yang's behavior constitutes a crime of causing serious injury through negligence and should bear criminal responsibility according to law.
Case 16
Zhang's behavior was purely accidental. Zhang subjectively did not foresee that the car crashed into the Yangtze River and died due to brake failure. There are two situations in criminal law theory: one is negligence and the other is accident. Constitute a fault, that is, the actor did not foresee that his behavior would harm society because of his cognitive ability, that is, he should have foreseen it but did not foresee it because of his own fault; It constitutes an accident, that is, the actor did not foresee that his behavior would cause harm to society, because he could not foresee it according to his cognitive ability and the specific conditions at that time, that is, he did not have cognitive ability. In this case, Zhang's driving mistake was caused by the mechanical failure of the car. Zhang has no ability to foresee failure, so it was an accident.
Case 17
Wang's behavior is a force majeure event, and Yang's behavior constitutes the crime of causing serious injury through negligence.
(1) When Yang joked with him, Wang foresaw that the knife in his hand might hurt people, so he repeatedly warned Yang not to joke like this, and objectively took certain measures to prevent the knife from stabbing people. However, due to the promotion of Yang Moumou, Wang Moumou stabbed Zhao Moumou behind him when he fell backwards because of his instability. It is an irresistible reason for Wang 2 1 so-and-so, which belongs to the force majeure event in criminal law and should not bear criminal responsibility. (2) Yang knew that Wang's holding of boning knife might hurt others. After repeated reminders from Wang, he still hugged Wang and pushed him back, which was subjectively consistent with the characteristics that he had foreseen that his behavior might have harmful consequences for society, but in fact he was overconfident in endangering social results because of credulity. Criminal responsibility should be investigated for the crime of causing serious injury through negligence.
Case 18
Shen should not be held criminally responsible for his death. The reason: I slept in the hospital that day, and no one reminded Shen. When Wu Mou sleeps, he is covered with plastic sheets from head to toe. In the light rain and dark weather around 1 1, Shen didn't find sleeping on the ground. The reason why it was not foreseen was that Shen could not have foreseen it according to the conditions at that time. Because Shen could not have foreseen sleeping in the hospital, it was an accident in criminal law to run him over when reversing, and he should not bear criminal responsibility.
Case 19
Pu's behavior belongs to the preparatory crime of robbery. Crime preparation and attempted crime are both situations in which the perpetrator is forced to stop committing a crime for reasons other than his own will. The fundamental sign of the difference between the unfinished forms of the two crimes is to see what kind of crime stage the actor's behavior is in: if it is before the specific crime is started, it constitutes a crime preparation; If it is after the specific criminal act has been committed, it constitutes an attempted crime. In this case, Pumou followed the victim and forcibly squeezed into the room while the victim was not paying attention. He hasn't started to commit specific robbery yet, and he still belongs to the stage of creating convenient conditions for robbery crimes. Therefore, it should be punished as a preparatory crime of robbery, which does not constitute an attempted crime.
Case 20
Shen's behavior belongs to attempted theft. According to China's criminal law theory and judicial practice experience, the accomplishment of theft is based on the premise that the owner and supervisor of the property lose control and the actor loses actual control. If only the actor controls the goods, but the owner and supervisor of the property do not lose control, the theft has not yet reached the accomplished state. For large items such as safes, it is necessary for the actor to move out of the factory, so that the factory is out of control and the criminals can finally gain control. In this case, Shen moved the safe to the factory laboratory because he couldn't open it. Shen did not gain control of the property, and the factory did not lose control of the property. If it is seized in this state, Shen should still be treated as attempted theft.
Case 2 1
The actions of Cao and Luo constitute the crime of intentional homicide (attempted). Cao and Luo had the intention of poisoning Liu subjectively, but they also carried out the behavior of poisoning Liu objectively. However, due to their wrong understanding of the effectiveness of poison as a criminal tool, they failed to achieve the expected results. And this result did not happen, it was caused by reasons other than their will, which was against their will. According to China's criminal law theory, this kind of situation belongs to tool impossibility, and everyone should be punished as attempted crime.