Traditional Culture Encyclopedia - Traditional festivals - Four elements for criminal conviction
Four elements for criminal conviction
Legal subjectivity:
The elements of crime stipulated in the criminal law are: 1. Subject elements: The criminal subject refers to the natural person and unit that commits criminal acts and should bear criminal responsibility according to law; 2 . Subjective elements: There are two subjective mental states of crime, namely intentionality and negligence; 3. Objective elements: refers to the specific performance of the criminal act; 4. Object elements: the object of the crime refers to the object protected by the criminal law and protected by the criminal act. Violating social relations. Legal objectivity:
Article 14 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever knows that his behavior will have consequences that are harmful to society, and hopes or allows such consequences to occur, thus constituting a crime, is Intentional crime. Those who intentionally commit crimes shall bear criminal responsibility. Article 15 of the "Criminal Law of the People's Republic of China" One should foresee that one's actions may have consequences that are harmful to society. If one fails to foresee it due to negligence, or if he has foreseen it and believes that it can be avoided, so that such a result occurs, it is a negligence. crime. For crimes of negligence, criminal liability is only stipulated by law.
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