Traditional Culture Encyclopedia - Traditional festivals - Find the reference answers or sources of the following criminal law case analysis questions. . .

Find the reference answers or sources of the following criminal law case analysis questions. . .

Case 1: First of all, say the ability of responsibility. According to the constitution of progressive crime, Wang was over 14 and under 16 when he committed the crime. The crime of kidnapping is not among the eight acts in the second paragraph of Article 17 of China's Criminal Law, so Wang has the responsibility of obstructing the cause and does not constitute a crime. Li was 16 years old when he committed the crime, and should bear criminal responsibility for all criminal acts, and he committed it for the purpose of kidnapping, which constitutes the crime of kidnapping. Wang and Li kidnapped the victim and raped him. Among the eight kinds of rape crimes stipulated in the second paragraph of Article 17 of China's Criminal Law, both Wang and Li were convicted of rape. Secondly, from the point of view of the number of crimes, Li's rape of the victim during the kidnapping process should be combined with several crimes, and Wang only constitutes rape. Finally, Li did not surrender, and Li was dragged to the government by his father. However, Li confessed voluntarily after committing a crime, and made meritorious deeds in the process of arresting Wang, which can be lightened or mitigated. Both Wang and Li are over 14 years old and under 18 years old, so they should be given a lighter or mitigated punishment.

Case 2: (1) The identification of theft in China begins with the ownership of property. Zhang's car was seized by the court according to law, and the court is the custodian of the property. In this special case, stealing property that still belongs to oneself constitutes a crime. (2) Zhang attempted to steal. After being discovered by Li, Zhang refused to arrest and violently attacked Li, causing Li to be seriously injured. At this point, Zhang has constituted an attempted transformed robbery.

(3) Zhang's behavior of driving into Li should be intentional injury.

(4) In the sense of responsibility, according to the theory of legal conformity, the crime should be identified within the scope of subjective intention and objective facts. Attempted intentional homicide is more important than the accomplishment of intentional injury, so Zhang identified attempted intentional homicide.

(5) attempted intentional homicide and attempted robbery merged.

Case 3: (1) Feng and Fang constitute * * * crimes. First of all, the establishment of the crime of * * * must be based on clear intention. In the process of abducting Qin, Feng held the indirect intention of laissez-faire, that is, although Feng did not directly pursue the purpose of betraying Qin, he let Qin be betrayed. Secondly, Feng Hefang kidnapped Qin to a dark room. Have the same criminal behavior.

(2) Feng constitutes the crime of trafficking in women, and rape of trafficked women is the aggravated result of the crime of trafficking in women.

(3) Jia constitutes the crime of buying and selling abducted women, and he is punished with several crimes of illegal detention.

(4) Wu Mou constitutes the crime of buying trafficked women, but the sixth paragraph of Article 24 1 of the Criminal Law of our country stipulates that buying trafficked women and children does not prevent them from returning to their original residence according to their wishes, and there is no abuse of the bought children, so they are not criminally responsible.