Case analysis of criminal law

Article 21 of the Criminal Law of People's Republic of China (PRC): In order to protect the state, public interests, personal, property and other rights of oneself or others from immediate and inevitable emergencies, those who cause damage shall not be held criminally responsible.

In desperation, Chen Mou grabbed the motorcycle with one hand and pushed Ding off the motorcycle with the other (Ding fell to the ground but was not injured). The act of riding away is a last resort to protect one's rights. The situation is urgent and belongs to emergency avoidance.

Article 264 of the Criminal Law of People's Republic of China (PRC): Whoever steals public or private property in a large amount or repeatedly, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:

(a) theft of financial institutions, the amount is particularly huge;

(2) stealing precious cultural relics, if the circumstances are serious.

Chen Mou pried open the lock of the toolbox at the back of the motorcycle and took 2,000 yuan in cash and deposit slip for himself, which constituted theft. Because the toolbox was locked, the cash and deposit slip of 2000 yuan were closed, and Chen Mou intentionally possessed property, which was a theft.

Article 275 stipulates: "Whoever intentionally destroys public or private property in a relatively large amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "

Chen Mou's act of pushing a motorcycle down the mountain and breaking it constitutes the crime of destroying property.

Article 266 of the Criminal Law of People's Republic of China (PRC) (4 1) defrauds public or private property, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 280 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

A few days later, Chen Mou used a forged ID card to withdraw 20,000 yuan before the deposit certificate expired, which was in line with the crime of credit card fraud and the crime of forging or altering resident ID cards. This is an implicated offender and was sentenced to a felony.

To sum up, Chen Mou constitutes the crime of theft, destruction of property, fraud and forgery of resident identity cards (one of two choices), and he is punished for several crimes.