Crime Type

First, natural crimes and statutory crimes:

In theory, natural crimes and statutory crimes are classified, and the standard of distinction varies from person to person. Generally speaking, natural crimes (also known as criminal crimes) refer to traditional crimes that obviously violate social ethics, while statutory crimes (also known as administrative crimes) refer to modern crimes that do not obviously violate ethics.

Second, the national crime and ordinary crime:

State crimes refer to crimes that endanger national security, while ordinary crimes refer to crimes other than crimes that endanger national security. According to the provisions of China's criminal law, this classification has obvious significance in the identification of recidivists and the application of deprivation of political rights.

Third, for and against the charges:

Article 98: Prosecuting a crime in person: The term "handling only after being told" as mentioned in this Law means handling only after being told by the victim. If the victim is unable to inform because of coercion or intimidation, the people's procuratorate and the close relatives of the victim may also inform him.

1. Concept: The crime of private prosecution refers to the crime that the victim tells to deal with, that is, the crime that the legislator gives the victim the right of appeal. According to Article 98, if the victim is unable to tell because of coercion or intimidation, the people's procuratorate and the close relatives of the victim can also tell.

2. Specific provisions:

Insult and slander: (1) Parents sue: Article 246th 1: Insult and slander others, if the circumstances are serious.

Paragraph 3 of Article 246: If the victim informs the people's court of the acts specified in Article 1 through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.

(2) Non-prosecution: Paragraph 2 of Article 246: Except for insulting or slandering others and seriously endangering social order and national interests.

Crime of interfering with freedom of marriage by violence: (1) Crime of parents suing: Article 257 1: Interference with freedom of marriage by violence.

(2) No prosecution: Article 257, paragraph 2: Violent interference with the freedom of marriage of others leads to the death of the victim, including suicide of the victim.

Crime of maltreatment: (1) Crime of private prosecution: Article 260th 1: maltreating a family member, with bad circumstances.

(2) Non-personal complaint: Article 260th, paragraph 2: Abuse causes the victim to be seriously injured or killed (including self-injury and suicide); Article 260, paragraph 3: The victim is unable to speak out, or is unable to speak out because of coercion or intimidation.

Crime of embezzlement: accusation by relatives

Fourth, basic crimes and aggravated crimes.

1, basic crime: refers to a crime that does not have aggravating or mitigating circumstances as stipulated in the specific provisions of criminal law.

2. Aggravated crime: refers to crimes with aggravated circumstances and heavier legal punishment on the basis of basic crimes in the Criminal Law, including aggravated consequential crimes and other aggravated crimes. Consequential aggravated crime refers to the crime that has serious consequences due to the implementation of basic crimes, and the criminal law further aggravates the statutory punishment; Other aggravated crimes refer to crimes with other aggravated circumstances (means, amount, place, behavior, etc.). ) Because the basic crime was committed, the statutory punishment was further aggravated.

Verb (abbreviation of verb) crime accomplished, national crime and continuous crime;

1, that is, accomplished crime: refers to the situation that the criminal act has been completed or terminated while the legal interests are infringed. Like intentional homicide.

2. State crime: refers to the situation that the criminal act ends at the same time when the infringement of legal interests occurs, but the state of infringement of legal interests continues to exist. Like theft.

3. Successive offense: refers to the situation that the criminal behavior continues in the process of infringing on legal interests. Such as the crime of illegal detention.