Presentation on theme: "Criminal law Mean that grasps the ruling class of the state power, in order to safeguard the governance of this class, according to one's own will, issue."— Presentation transcript:
Criminal law Mean that grasps the ruling class of the state power, in order to safeguard the governance of this class, according to one's own will, issue in the name of country, stipulate what behavior crime and how punish general name of legal norm of crime.
Basic principle of criminal law First, legal principle of crime and punishment (1) repel the common law (2) repel definitely irregular punishment (3) forbid analogizing guiltily (4) forbid the heavy law is traced back and previously Equal principles Second, legal person of suitable punishment Third, the punishment of responsibility for an offence meets the principle
Scope of validity of criminal law First, the space of criminal law renders a service: Mean criminal law to the ground and effect to people. 1, Possession principle 2, Belong to the principles of people 3, Protect the principle 4, General principle Second, the time of criminal law render a service 1, Entry-into-force time of criminal law 2, Invalid time of criminal law 3, Criminal law traces back and strength
Commit crime First, behavior that endangers the society, namely have certain social harmfulness ; Second, behavior that offends against the criminal law, have already had criminal breaking the law nature; Third, behavior that should be punished by penalty, namely should have smiting nature.
Constitutive elements of crime Object of crime Subject of crime Objective respect of the crime Subjective respect of the crime
Get rid of the committing crime behavior Self-defence: Refer to it in order to make country, public benefit, rights of the person, property and other rights of the actor or the other people avoid the unlawful infringement afoot, and has not obviously exceeded the harm behavior of the essential limit to their unlawful infringement of people's prevention implemented of unlawful infringement. Urgent danger prevention : Refer to it in order to make the country, public benefit, personal and other rights of the actor or the other people avoid the present danger, have to damage the behavior of less legitimate interests of another one.
State of stopping of the calculated crime The crime is accomplished: It is a completion shape of the calculated crime ; The crime is prepared: Mean that prepares tools, create conditions for the crime, but fail to set about implementing the situation of the crime because of reason beyond actor's will; Attempted crime : Have pointed and already set about implementing the crime, the situation not succeeding because of reason not including criminal's will; The crime is discontinued : Mean that gives up the crime or the automatic situation that prevents crime result from occurring effectively automatically in the course of crime.
Complicity Form of complicity 1, Wanton complicity and essential complicity; 2, Open complicity that works for in advance and there is no open complicity that worked for in advance ; 3, Simple complicity and complicated complicity; 4, General complicity and organized complicity. 1, Prime culprit 2, Accessory 3, Coerced offender 4, Abettor
General recidivist: Point Israel sentenced to fixed-term imprisonment Put to torture and fine, and hold in penalty After finishing walking or absolving, Should sentence to recommit in 5 years Fixed-term imprisonment above penalty Guilty criminal. Recidivist Special recidivist: The persons who point the reason endanger the national security The crime has received penalty punishment, In penalty finish or After absolving, at any Wait and recommit and endanger the national security Guilty criminal.
Give oneself up Generally give oneself up: After pointing the crime Give oneself up to the police automatically, state it since accurately Behavior of the own crime. Especially give oneself up: Weigh it too since The head, point and is adopted arranging by force Suspect, quilt constructing it Inform people and crime of serving a sentence Make, state the administration of justice machine accurately Imprison it of mine not grasped yet Behavior of his crime.
Concurrence of offences: Fingering institute several offences made declare the measurement of penalty guilty separately within legal time limit to one people, then the penalty that is determined and should be carried out according to the legal principle. Principle of concurrence of offences: 1, Exercise restraint in aggravating the principle 2, Absorb the principle 3, And department's principle Different situations of concurrence of offences: 1, Combine after reducing 2, Reduce after combining
Reprieve: Criminal of the fixed-term imprisonment under the detention or 3 years to sentencing of people's court, is it behave to show repentance according to its crime plot, think temporary respite to be original sentence penalty really unlikely to endanger again society, stipulate certain test period, postpone the execution of its penalty, if the sentenced criminal does not recommit fresh crime in testing one, either have crime of leaking undiscoveredly, either has not violated the laws and regulations or relevant regulations, original sentence penalty is no longer carried out.
Give reduction of sentence: Point the crime people of the control, detention, fixed-term imprisonment, life imprisonment to sentencing, during carrying out in penalty, if observe the rule of supervising conscientiously, accept the education to transform, really repent and behave, or the one that render meritorious service and behave, lighten the system of original sentence penalty properly.
Conditional release : Point to some crime people of sentencing to fixed-term imprisonment, life imprisonment, after carrying out certain penalty, really repent and behave, it is unlikely to endanger the society again, system released ahead of time enclosing the condition.
Crime of endangering national security: Refer to sovereignty, territorial integrity and security of endangering the People's Republic of China on purpose, split the country, subvert the state power, overthrow the behavior of the socialist system. The object of crime is the national security The objective respect of the crime is to implement the behavior of endangering the security of the People's Republic of China The subject of crime can only be a natural person, and most crimes are general subjects, only a few subjects of crime are special subjects The subjective respect of the crime is shown as the psychological condition on purpose
Crime against public security: Implement the life which can not endanger specifically the majority, healthy or great behavior of the property safety public and private pointing the fault on purpose. Object of crime society public and safe, namely specific life, healthy and great security of the property public and private of majority The objective respect of the crime has been shown as and implemented the behavior which endangers the public security The subject of crime has a general subject, there is a special subject too; Some guilty subjects can be formed by unit or can only be formed by unit too The subjective respect of the crime can come from on purpose, can come from the fault too
Crime of undermining socialist market economy order: Mean that violates the economic management regulation of national market, destroy the market economy order, make socialist market economy suffer the behavior of serious injury. The object of crime is an economic order of our country It violates the national market economic management regulation that the objective respect of the crime is shown as, destroy the market economy order, the behavior of the socialist market economy of the serious injury The subject of crime is individual or the unit It is formed on purpose that the subjective respect of the crime is shown as, and generally have purpose to make a profit illegally
Crime of infringing upon citizen's personal right, democratic rights: Personal right, democratic rights of infringing the citizen pointing the fault on purpose, behavior of and other rights related to rights of the person. The object of crime is the citizen's personal right, democratic rights, and other rights related to rights of the person The objective respect of the crime is shown as personal right, democratic rights of encroaching on others illegally, behavior of and other rights related to rights of the person The overwhelming majority of subject of crime is a general subject, a few subjects of crime are special subjects The subjective respect overwhelming majority of the crime is a calculated crime, minority are an unintentional crime
Crime against property: Mean that regards occupying illegally as object, seize the property public and private, and divert unit's property, destroy the property or the behavior of destroying the production and management public and private on purpose. The object of crime is the property ownership of country, collective and citizen The objective respect of the crime is shown as with the violence or nonviolence, open or secret method, seize the property public and private, divert unit's property, or destroy the behavior of the property public and private Subject of crime, most general subject, namely reach the age of 16, natural person with criminal responsibility ability. However, the person over 14 but under 16 years of age committed the crime of robing, dealt with criminal responsibility The subjective respect of the crime is on purpose
Crime against social administration: Mean that impairs the management activity of daily social life of government office, destroy the civil order, behavior of a serious nature. The object of crime is a management order of the society The objective respect of the crime is shown as the behavior of impairing normal management activity of daily social life of government office seriously Subjects of crime are mostly the general subjects, but there are a few crimes that is special subjects Most of subjective respect crimes are started from on purpose, but there are a few crimes that is the unintentional crime
Corrupt the crime of bribing: Mean national staff members and take advantage of post and corrupt, accept bribes, or can't prove with the property with enormous difference of the lawful earned income or the legal source of expenditure, either divide state-run assets or fine and confiscation property secretly, and other personnel bribe, behavior of bribery-pander. The object of crime is mainly that national staff members' post is honest The objective respect of the crime is shown as national staff members and taken advantage of post corruption, accepted bribes, or can't prove with the property with enormous difference of the lawful earned income or the legal source of expenditure, either divide state-run assets or fine and confiscation property secretly, and other personnel bribe, behavior of bribery-pander. The overwhelming majority of subject of crime is a special subject The subjective respect of the crime is formed on purpose
Malfeasance: Refer to the state personnel and abuse one's power, neglect one's duties or do wrong to serve one's friends or relatives, impair the normal activity of the government office, cause the benefit of public property or the country and the people to suffer the great and lost behavior The object of crime is a normal activity of the government office The objective respect of the crime is shown as and abused one's power, neglected one's duties or done wrong to serve one's friends or relatives, impair the normal activity of the government office, cause the benefit of public property or the country and the people to suffer the great and lost behavior. The subject of crime is a special subject, and can only be a state personnel The subjective respect of the crime, some are formed on purpose, some are formed by fault