Detailed criminal law cases

Classical case analysis of criminal law

The first part is the general principles of criminal law. The main situation of crime constitution 1. /kloc-Before the age of 0/4, Li stole about 50,000 yuan of all kinds of property. On 14' s birthday, Li invited some friends to have dinner together. On his way home after dinner (9 o'clock that night), Li saw a group of people holding a bag, that is, taking out a switchblade they carried with them, stabbing the bag bearer and taking it away. There is a mobile phone and more than 5000 yuan in cash in the bag. The next day, Li went out for a stroll and saw a jeep parked on the side of the road, that is, he managed to open the door and drive away. On the way, due to unfamiliar operation, three people waiting at the station were hung upside down, two died and one was injured. Instead of stopping, Li stepped on the gas pedal to escape. In the afternoon, Li sold the car for 20,000 yuan. I heard that the police were investigating the case, and Li escaped and was arrested. After investigation, on the fifth day of his escape, Li instructed a boy aged 15 to rob other people's property 1200 yuan; Help others transport 30 grams of drugs, and get the transportation fee 150 yuan. Please analyze Li's above-mentioned behavior from the perspective of criminal law and explain the reasons. Second, the subjective aspect of the constitution of the crime in this case. Defendant A hooked up with B who runs a factory. B I'm in a bad mood because the factory is depressed. In order to stabilize people's hearts, B didn't make the recession public, and defendant A didn't know. One day, B had dinner and drinks with his wife A and a friend. When persuading wine, defendant A poured wine for B, but his wife stopped after seeing it and said, "He can't drink." B said: "Don't talk about drinking, even if it is'1059' (that is, highly toxic pesticides), I will accompany you to the end." Defendant A jokingly asked, "Does your family have'1059'? Where is it? " B said, "Yes, on the ground of Westinghouse. A took'1059' pesticide, poured it into B's bowl in front of everyone, and said to B, "Do you drink it? B immediately asked his wife, "Did I drink?" "Wife B joked," You drink! " So b took a sip. A didn't expect B to really drink, so he was shocked. When his wife saw it, she quickly knocked out the wine bowl in B's hand and scratched B's throat with her hand, trying to get B to spit out the pesticide, but it was useless. B died on the way to the hospital. Q: In this case, does A's behavior constitute a crime? If it constitutes a crime, what is it? If it does not constitute a crime, please explain the reasons. Third, the objective aspects of the constitution of the crime in this case. The defendant Jiang and the victim Zheng are employees of the same computer company, and they live in a dormitory. One day, Zheng gave his credit card to Jiang for safekeeping and got it back three days later. A week later, Zheng found that his credit card was lost. When he went to the bank to report the loss, he learned that the 6.5438+0.5 million yuan on the card had been taken away. After Zheng reported the case, the judicial organs found Jiang. Jiang admitted that he did it, but his confession was different before and after the crime. The first confession said that when Zheng gave his credit card to him for safekeeping, he used the password on Zheng's credit card stolen when withdrawing money with Zheng to withdraw money from the cash machine privately; The second confession said that after copying a credit card, the relevant information on Zheng's credit card was used to withdraw money; The third confession said that after picking up Zheng's credit card, he used it to withdraw money. However, the victim Zheng suspected that Jiang had stolen his credit card and took the money from it. Q: (1) If Zheng gives his credit card to Jiang for safekeeping, and Jiang uses it to take away the cash, does Jiang constitute a crime? If so, what is the crime? (2) If Jiang uses his imitation credit card to withdraw cash from the ATM, what crime does Jiang constitute? (3) If Jiang finds a credit card and uses it to withdraw cash at an ATM, does Jiang constitute a crime? If so, what is the crime? (4) If Jiang stole a credit card and used it to withdraw cash from an ATM, what crime did Jiang commit? Fourth, the unfinished form of intentional crime 4. Song is the general manager and legal representative of a private construction company. In 2002, in order to achieve the purpose of going abroad for sightseeing, Song gave a gift of about 20,000 yuan to the staff of relevant state organs to make them go abroad illegally. Abroad, Song gambled in a casino and won 30,000 yuan. After returning to China, in April 2003, Song instructed his construction company to replace high-grade cement with low-grade cement, which led to the collapse of an auditorium built by the company and the loss of nearly 2 million yuan. In order to avoid sanctions, Song found his fellow villager Jin, then the company manager, to discuss countermeasures. Kim was tracked down for smuggling. Kim asked Song to take refuge with relatives in Yunnan, and asked Song to take away the evidence of his smuggling, hide it or simply destroy it quietly. Before leaving, Kim handed Song a toll of 20,000 yuan. After Song left, Jin was afraid that he could not escape from the French Open, so he ordered his cousin Tan to kill Song with Liu and Huang on the way. Tan listened to the color change, saying that this move could be fatal and advised Jin to give up. Kim lied that Tan didn't have to do this as long as he brought a personal letter and followed him to Song. Tan acquiesced. So Kim wrote a letter in front of Tan and gave Tan 30,000 yuan. On the way, Tan gave Kim's letter to him, thinking that he had other urgent matters, so he could contact Kim directly for all reasons, so he got off the bus halfway. Liu and Huang found Song and wanted to kill him. After Song begged and promised him a large sum of money, they let Song go. After the Song Dynasty, he surrendered himself to the local public security organs. Please analyze everyone's criminal responsibility. Case 5. A thought that his wife divorced him because his wife and sister Ding provoked him, so he came up with the idea of killing Ding and his family, hijacking a plane and fleeing to Taiwan Province Province, and got the consent of B. After that, both parties bought a tear gas gun, took it apart in disguise and conducted two boarding tests. At the same time, the poison "red blood salt" was prepared to kill Ding and his family. Party A and Party B decided to kill Ding and his family on1the evening of October 8th 1999 and 165438, and then hijack the plane to Taiwan Province Province on the flight from Changchun to Xiamen. 165438+1October 3rd, Party A contributed, and Party B went to Changchun to buy two air tickets from Changchun to Xiamen on October 7th. Later, B got scared and went to the public security organ alone to report the case. After receiving the report, the public security organ arrested A, which prevented the further development of the situation. Q: 1. What constitutes a crime? How should I be punished? 2. What is the charge of B? How should I be punished? 5.* * * Case 6. The criminal A had long meant to kill B. One day, knowing that B was hiding behind a screen and drinking tea, he said to C who had just come from other places, "Didn't you always hold a grudge against Company A?" This is a new screen bought by the company yesterday, worth 80 thousand. Smash it. "C then picked up a stone from the outside and threw it directly at the screen, breaking the screen and killing B. After investigation, the judicial authorities learned that C did not know that there was someone behind the screen. Q: 1. Combined with the theoretical analysis of the same crime: Are A and C both responsible for the death of B? If so, what the charges are; If not, what are the reasons? 2. Combined with the theoretical analysis of * * * accomplice: Should Party A and Party C bear criminal responsibility for the screen damage of Company A? If so, what the charges are; If not, what are the reasons? 3. Is there a causal relationship between C's behavior and B's death? 4. How should this case be finally handled? 6. Several crimes. Zhang and Guo worked in a factory run by Zhao, and Zhao owed Zhang and Guo 8,000 yuan in labor remuneration. Zhang discussed with Guo Er, cheated Zhao 15-year-old daughter A out, and then took it to other places for detention, in order to force Zhao to pay. Despite repeated urging by 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 raped a girl. After Zhang found a buyer, Zhang and Guo sold A for 6,000 yuan. After Chen Mou bought A, he wanted to marry A, but A refused: Chen Mou was worried that A would escape, so he locked A in his room 1 for more than a month, but A still refused to marry Chen Mou; Chen Mou later thought A was too young and pitiful, so he sent A back to his hometown to reunite with his family. I felt that I had lost money, so I found Zhang and asked Zhang to return his 6000 yuan. Zhang refused to return it, so he took it from Zhang in the middle of the night on a motorcycle worth 4,000 yuan. According to the above cases, analyze the criminal responsibility of Zhang, Guo and Zhang. Seven. Punishment case 8. A was sentenced to fixed-term imprisonment 18 years by the people's court for the crime of coercion and intentional injury, and was released on parole after serving his sentence 12 years. In the fifth year of probation, A stole a car without being found. In the fourth year after the expiration of probation, A was arrested for robbery and confessed his car theft during the probation period. In addition, in the third year after the expiration of probation, A bought 2500 grams of drugs from drug dealers in City A and shipped them to City B for sale. Q: 1. A how to deal with theft during the probation period of parole? 2. How to deal with A's robbery after the probation period expires? 3. How to convict A for drug crimes? 4. How to determine the final punishment for A?

Answer case 1: Answer: (1) Li's theft of property before 14 years old does not constitute a crime. Because the criminal law stipulates that criminal responsibility begins when you reach 14 years old; (2) Li's act of robbing others' property on 14' s birthday did not constitute a crime, because he was still under 14' s age; (3) Li's act of stealing a car and selling it on the morning after his birthday belongs to theft, which does not constitute a crime, because theft is not a statutory crime of 14- 16 years old. (4) Li's act of killing and injuring others belongs to the crime of causing traffic accidents, which does not constitute a crime, because it is not a statutory crime of 14- 16 years old; (5) On the fifth day of his escape, Li instigated others to rob, which constituted the crime of robbery and should bear criminal responsibility. Because the criminal law stipulates that a person who has reached the age of 14 should bear the criminal responsibility for robbery, and he has reached the age of 14 at this time. Li should be severely punished for abetting minors to commit crimes. At the same time, because he is under the age of 18, he should be given a lighter punishment according to his criminal circumstances. (6) Li's act of helping others transport drugs during his escape does not constitute a crime, because the criminal law stipulates that people aged 14- 16 are only criminally responsible for drug trafficking. Li's behavior does not constitute a crime and he is not criminally responsible. Case 2: A: A's behavior does not constitute a crime, because she is not guilty of B's death. First of all, she has no direct intention to kill B; Secondly, she could not foresee that B would really drink highly toxic pesticides. A was joking with B and didn't force B to drink pesticides. She thinks that it is impossible for B as an adult to drink pesticides voluntarily, which is not wrong. Therefore, there is no indirect intention or negligence in B's death. For A, B's death was an accident. Case 3: A: (1) Ginger constitutes a crime, which constitutes the crime of credit card fraud; (2) Ginger constitutes a crime and constitutes a crime of credit card fraud. His act of forging credit cards is not convicted separately; (3) Ginger constitutes a crime, which constitutes the crime of credit card fraud; (4) Ginger constitutes theft. Case 4: (1) Song's behavior constitutes the crime of bribery and helping to destroy evidence. Song must also bear criminal responsibility for the crime of major engineering safety accidents in the unit. Song should be punished for several crimes. Song has surrendered himself, so he can be given a lighter or mitigated punishment. In order to go abroad illegally, Song's behavior of giving gifts to the staff of relevant state organs constitutes the crime of accepting bribes, and Song's behavior of taking away the evidence smuggled by Kim and preparing to destroy it constitutes the crime of helping to destroy the evidence. A company in Song Dynasty used low-grade cement instead of high-grade cement in construction, which led to the collapse of the auditorium, which has constituted a crime of major engineering safety accidents. As the person directly responsible, Song should bear criminal responsibility. (2) Kim's behavior constitutes the crime of intentional homicide (attempted) and the crime of harboring. Should be punished for several crimes. Kim's act of instructing his cousin Tan to take Liu and Huang to kill Song constitutes a crime of intentional homicide, and his act of helping Song escape knowing that it constitutes a crime constitutes a crime of harboring. (3) Tan's behavior constitutes the crime of intentional homicide (attempted). When Tan knew that Kim was going to kill Song, he still sent a letter to find the killer, which constituted the crime of intentional homicide. (4) Liu and Huang constitute the crime of intentional homicide (suspension). The pursuit of Song after receiving the letter constitutes the crime of intentional homicide. They let Song go because of Song's pleading, which means that they stopped the crime automatically, so it constitutes the suspension of the crime. (5) Jin, Tan, Liu and Huang constitute criminals who commit the crime of intentional homicide, but Liu and Huang belong to the suspension of crime and have not caused harmful results, so they should be exempted from punishment; Both Jin and Tan attempted to commit a crime, because the attempted murder was due to reasons other than Jin and Tan's will: they stopped committing a crime. Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime. Case 5: A: (1) A constitutes the crime of intentional homicide and hijacking aircraft, and is in a preparatory state, and can be given a lighter, mitigated or exempted punishment according to the accomplished mode. (2) B constitutes the crime of intentional homicide and hijacking aircraft, and is in a suspended state. Because there is no harmful result, it should be exempted from punishment. Case 6: A constitutes the crime of intentional homicide, and B constitutes the crime of intentional destruction of property. Within the scope of the crime of vandalism, the two were found guilty of the same crime. A belongs to the concurrence of intentional homicide and intentional destruction of property. Whoever chooses the heavier one will be convicted of intentional homicide. For Party B, the death of Party C is an accident, and Party B does not need to bear criminal responsibility for the death of Party C. There is a causal relationship between the behavior of Party B and the death of Party C.. [resolution] Causality is not equal to criminal responsibility, and causality is an objective fact. Case 7: Refer to the four standard answers in 2003. Case 8: Note that although A's theft during probation was discovered after the expiration of probation, he should still be investigated and his parole revoked. The combination of six-year imprisonment without parole and theft. His behavior of buying drugs from drug smugglers constitutes a crime of drug smuggling, and his behavior of selling and transporting drugs and smuggling are defined as crimes, which are crimes of smuggling, selling and transporting drugs. Robbery also needs to be punished. Parole should be revoked for Party A, and six years' imprisonment without parole should be merged with the crime of theft, and then with the crime of smuggling, selling and transporting drugs and robbery.