Part 1 General Principles of Criminal Law 1. Cases that constitute the subject of crime 1. Li stole about 50,000 yuan of various properties before he was 14 years old. On his 14th birthday, Li invited several friends to have dinner together. On the way home after the meal (about 9 o'clock that night), Li saw a group of people holding a handbag. He took out the switchblade he carried with him, stabbed the handbag, and snatched the bag away. There was a mobile phone and a mobile phone in the bag. More than 5,000 yuan in cash. The next day, Li went out for a stroll and saw a jeep parked on the roadside. He managed to open the door and drive away. On the way, due to unfamiliarity with the operation, three people waiting for the bus were knocked down at the station, killing two and injuring one. Not only did Li not stop, but he increased the accelerator to escape. In the afternoon of that day, Li sold the car for 20,000 yuan. The police handling the case heard that Li had escaped during the investigation and captured him. After investigation, on the fifth day of his escape, Li also instigated a 15-year-old male teenager to rob others of 1,200 yuan in property; helped others transport 30 grams of drugs and received 150 yuan in transportation fees. Please analyze Li’s above-mentioned behaviors one by one from the perspective of criminal law and explain the reasons. 2. The subjective aspects of the crime in this case 2. Defendant A, a woman, hooked up with man B, who runs a factory, and became an adulterer. B is in a bad mood because the factory is in recession. In order to stabilize people's hearts, B did not publicize the bad news, and defendant A did not know about it. One day, B dined and drank with his wife, A, and friends. During the process of persuading him to drink, defendant A poured a glass of wine for B. When B's wife saw it, she stopped him and said: "He doesn't know how to drink." B said: "Don't talk about drinking, it's '1059' (that is, highly toxic pesticides) , I will stay with you until the end." Defendant A asked jokingly: "Do you have '1059' at home?" B said, "Yes, it is on the West House floor." Defendant A put the pesticide '1059' in front of everyone. 'Pour it into B's bowl, and then say to B: "Have you drank it?" "B asked his wife: "Did I drink? B's wife joked: "Drink it!" "So, B took a sip. A didn't expect that B really drank it, and was immediately shocked. Upon seeing this, B's wife hurriedly knocked the wine bowl out of B's ??hand, grabbed B's throat with her hand, and wanted B to remove the pesticide. He vomited it out, but failed, and B died on the way to the hospital. Question: In this case, does A's behavior constitute a crime? If it does, what crime should it be committed? 3. What constitutes a crime in this case? Objective aspect 3. The defendant Jiang and the victim Zheng were employees of the same computer company, and they lived in the same dormitory. One day, Zheng gave his credit card to Jiang for safekeeping, and Zheng took it back three days later. A certain person found that his credit card was lost and reported it to the bank. He learned that the 15,000 yuan in the card had been taken away. After Zheng reported the case, the judicial authorities found Jiang. Not the same. The first confession stated that after Zheng handed over the credit card to him for safekeeping, he stole Zheng’s credit card password when he and Zheng made withdrawals before, and secretly made withdrawals from the ATM; the second confession stated that , copied a credit card and used the relevant information on Zheng’s credit card to withdraw money; the third confession stated that he found Zheng’s credit card and used it to withdraw money, but the victim Zheng suspected that Jiang had stolen his credit card. Then take away the money stored in the card. Question: (1) If Jiang uses the credit card to withdraw cash privately when Zheng gives the credit card to Jiang for safekeeping, does Jiang commit a crime? If so, what crime is it? 2) If Jiang uses a simulated credit card to withdraw cash from an ATM, what crime does Jiang commit? (3) If Jiang picks up a credit card and uses it to withdraw cash from an ATM, does Jiang commit a crime? If so, what crime does Jiang commit? What is the crime? 4) If Jiang steals a credit card and then uses it to withdraw cash from an ATM, what crime does Jiang commit? 4. Case 4 of unfinished intentional crime. Song is the general manager and legal representative of a private construction company. Representative. In 2002, for the purpose of traveling abroad, Song gave gifts of about 20,000 yuan to relevant state agency staff, causing them to violate the procedures for going abroad. While abroad, Song gambled in a casino and won 30,000 yuan. After returning to China, in April 2003, Song instructed his construction company to use low-grade cement instead of high-grade cement during construction, causing an auditorium built by the company to collapse, causing a loss of nearly 2 million yuan. In order to evade sanctions, Song was found. Jin, a fellow company manager, discussed countermeasures. Jin was being traced for smuggling. Jin asked Song to go to his relative's house in Yunnan and asked Song to take away the smuggling evidence and hide it or simply destroy it quietly.
Before leaving, Jin gave Song 20,000 yuan for travel expenses. After Song left, Jin was worried that he would not be able to escape justice, so he ordered his cousin Tan to take Liu and Huang to kill Song on the way to him. Tan's expression changed when he heard this, saying that this move might lead to death, and advised Jin to give up. Jin said that as long as Tan brought his letter to Liu and Huang and took it to Song, there was no need for Tan to do anything. Tan acquiesced. So Jin wrote a letter in front of Tan and gave Tan 30,000 yuan. On the way to deliver Jin's letter to Liu and Huang, Tan pretended that he had other urgent matters and could contact Jin directly for all matters, so he got off the car halfway. Liu and Huang found Song and wanted to kill him. After Song begged and promised to pay a lot of money, they let him go. Later, Song surrendered to the local public security organ. Please analyze each person’s criminal liability. Case 5: A believed that his wife divorced him because of his sister Ding’s instigation, so he killed Ding and his family, hijacked a plane and fled to Taiwan with B’s consent. Afterwards, A and B purchased tear gas guns, disassembled the tear gas guns into disguises, and conducted two boarding tests. At the same time, they prepared the poison "red blood salt" to kill Ding and his family. A and B decided to kill Ding and his family on the evening of November 8, 1999, then take a flight from Changchun to Xiamen and hijack the plane to Taiwan. On November 3, with A's investment, B went to Changchun and purchased two air tickets from Changchun to Xiamen on November 7. Later, B felt scared and went to the public security organ to report the crime alone. After receiving the report, the public security organ arrested A and prevented the situation from developing further. Question: 1. What crime does A commit? What should be the punishment? 2. What crime does B commit? What should be the punishment? 5. *** Criminal Case 6. The perpetrator A had long had the intention to kill B. One day he found out that B was hiding behind a screen and drinking tea, so he said to C who had just come from him: "Don't you always have a grudge against Company A?" Are you concerned? This is the new screen the company bought yesterday, worth 80,000 yuan, so I’ll just smash it.” Person C then picked up a stone from outside the house and threw it directly at the screen window, smashing the screen window and killing Person B at the same time. Later, an investigation by the judicial authorities revealed that C did not know that there was anyone behind the screen. Question: 1. Combined with the theory of same guilt: Are A and C responsible for B’s death? If so, what crime should be committed; if not, what is the reason? 2. Analyze based on the theory of same crime: Do A and C bear criminal responsibility for the damage to Company A’s screen? If they bear responsibility, what crime should they be punished for? If yes, what is the crime? If not, what is the reason? 3. Is there a causal relationship between C’s behavior and B’s death? 4. How should this case be handled in the end? 6. Several crimes in this case are punished together 7. Zhang and Guo opened a factory in Zhao, and Zhao owed Zhang and Guo 8,000 yuan in unpaid labor remuneration. Zhang and Guo went into the house to discuss, deceived Zhao's 15-year-old daughter A, and then took her to another place to be detained in order to force Zhao to pay for her labor. Despite repeated urgings from Guo and Zhang, Zhao still refused to pay. So, they agreed to sell Zhao's daughter. While Zhang was out looking for a buyer, Guo molested A*. After finding a buyer for Chen, Guo and Zhang sold A to Chen for 6,000 yuan. Chen bought back A and wanted to marry A, but was rejected by A: Chen was worried that A would escape, so he locked A in the room for more than a month, but A was still unwilling to marry Chen; later Chen felt that A was too old Xiao was so pitiful that he took A back to his hometown to reunite with his family. Chen felt that he had lost money, so he found Zhang and asked Zhang to pay him back 6,000 yuan. Zhang refused to pay back the money, so Chen took Zhang's motorcycle worth 4,000 yuan away late at night. Based on the above cases, analyze the criminal liability of Zhang, Wang Guo and Chen. 7. Penalty Case 8. A certain person was sentenced to 18 years in prison by the People's Court for rape and intentional injury and was paroled after serving 12 years. In the fifth year after parole probation expired, A stole a car without being discovered. Four years after the parole probation period expired, A was arrested for robbery and confessed to the crime of car theft during the parole probation period. In addition, in the third year of his parole period, A purchased 2,500 grams of drugs from a drug smuggler in City A and transported them to City B for sale. Question: 1. How should the crime of theft be handled during parole? 2. How should the parole period be handled after a person is released from prison for robbery? 3. Should drug crimes be criminalized? 4. How should the final penalty be determined?
Answer 1: Answer: (1) Theft of property by Li under the age of 14 does not constitute a crime.
Because the "Criminal Law" stipulates that no one shall bear criminal responsibility before the age of 14; (2) Li's behavior of robbing other people's property on his 14th birthday does not constitute a crime because Li was under 14 at the time; (3) Li was under the age of 14 on his birthday. The act of stealing and driving the car to sell it the next morning was considered theft and did not constitute a crime, because the crime of theft is not a crime for which persons aged 14 to 16 years old are legally required to be held criminally responsible; (4) Li’s act of killing and injuring others in a traffic accident It is a traffic accident and does not constitute a crime, because a traffic accident is not a criminal act for which persons aged 14 to 16 are legally required to bear criminal responsibility; (5) Li's behavior of instigating others to commit robbery on the fifth day of his escape constitutes the crime of robbery and should be bear criminal responsibility. Because the criminal law stipulates that a person who has committed robbery shall bear criminal responsibility when he is over fourteen years old, and he was already over fourteen years old at this time. Li should be severely punished for inciting minors to commit crimes. At the same time, because he is under 18 years old, he should be given a lighter or reduced punishment according to the circumstances of his crime. (6) Li’s behavior of helping others transport drugs during the flight does not constitute a crime, because the criminal law stipulates that people aged 14-16 are only criminally responsible for drug trafficking. Li will not be held criminally responsible for his actions that do not constitute a crime. Case 2: A: A’s behavior does not constitute a crime because she was not at fault for B’s death. First of all, she had no direct intention to kill B; secondly, she could not have foreseen that B would really drink the highly toxic pesticide. A was just joking with B and did not force B to drink the pesticide. She is not wrong in thinking that B, as an adult, cannot voluntarily drink pesticides. Therefore, there is no indirect intention or negligence on her part in B's death. To A, B's death is an accident. Case 3: Answer: (1) Jiang is guilty of credit card fraud. His act of forging a credit card is not a separate conviction; (3) Jiang committed a crime, constituting the crime of credit card fraud; (4) Jiang committed the crime of theft. Case 4: (1) Song’s behavior constitutes the crime of accepting bribes and helping to destroy evidence. Song should also be held criminally responsible for the crime of major safety accidents in unit projects. Song should be punished for several crimes. Song has the circumstances of surrendering and can be given a lighter or reduced punishment. Song's behavior of illegally giving gifts to relevant state agency staff for leaving the country constitutes the crime of accepting bribes, and Song's behavior of taking away Jin's smuggled evidence and preparing to destroy it constitutes the crime of helping to destroy evidence. Song's company used low-grade cement instead of high-grade cement during construction, causing the collapse of the auditorium, which constituted the crime of a major engineering safety accident. Song, as the person directly responsible, should bear criminal responsibility. (2) Kim’s behavior constituted the crime of intentional homicide (attempted) and the crime of shielding. Several crimes should be punished simultaneously. Jin accused his cousins ??Tan and Liu Huang of chasing Song, which constituted the crime of intentional homicide, and knowing that Song had committed a crime, but still helping him escape constituted the crime of harboring. (3) Tan’s behavior constituted intentional homicide (attempted). Tan knew that Jin was going to kill Song, but still brought the letter to find the murderer, which constituted intentional homicide. (4) Liu and Huang constituted the crime of intentional homicide (discontinued). Liu and Huang's act of killing Song after receiving the letter constituted intentional homicide. Because of Song's pleading, the two men let Song go, which means that they voluntarily stopped the crime and therefore constituted a crime of continuance. (5) Jin, Tan, Liu and Huang constituted the crime of intentional homicide***, but the crime of Liu and Huang was suspended and they should be exempted from punishment because no harmful consequences occurred; Jin and Tan were guilty of attempted crime , because the murder failed because of reasons beyond the will of Jin and Tan: Liu Huang's crime was suspended. For those who have attempted a crime, they may be given a lighter or reduced punishment than those who have completed the crime. Case 5: A: (1) A constitutes the crime of intentional homicide and aircraft hijacking, and is in a preparatory state. He may be given a lighter punishment, a reduced punishment, or be exempted from punishment as a completed crime. (2) B constitutes the crime of intentional homicide and aircraft hijacking, and is in a suspended state. Since no damage was caused, punishment should be waived. Case 6: A commits the crime of intentional homicide, and B commits the crime of intentional destruction of property. Both were found guilty within the scope of the crime of intentional destruction of property. A is a combined offender of intentional homicide and intentional destruction of property. He is convicted of intentional homicide, whichever is more serious. For B, C's death is an accident, and B is not criminally responsible for C's death. There is a causal relationship between B's behavior and C's death. [Analysis] Causation does not equal criminal liability. The existence of causation is an objective fact. Case 7: Refer to the model answers of Paper IV of 2003. Case 8: Notice A committed theft during the parole trial period. Although he was discovered at the end of the parole trial period, he was still held responsible and his parole was revoked.
He was given a concurrent six-year prison sentence for outstanding parole and burglary. The act of purchasing drugs from drug smugglers constitutes the crime of smuggling, selling, and transporting drugs, and the act of smuggling constitutes the crime of smuggling, selling, and transporting drugs. The crime of robbery should also be punished for several crimes. If the parole should be revoked, the six-year fixed-term imprisonment and the crime of theft that have not been fulfilled on parole will be concurrently punished with the crime of smuggling, selling, transporting drugs, and robbery.