Reference answer:

(1) Gao’s criminal responsibility

1. Gao was convicted of intentional homicide against Qian. Whether to establish the crime of completed intentional homicide or the imaginary combination of attempted intentional homicide and the crime of negligent death, the key lies in how to deal with the early realization of the constituent elements. Legal Education Network

Answer 1: Although the result of the constitutive requirements occurs in advance, the strangulation itself poses an imminent risk of death. It can be determined that the murder has been committed when the strangulation was carried out, and the intentionality existed at the time of the execution. , therefore Gao should bear criminal liability for intentional homicide for Qian’s death.

Answer 2: When Gao and Xia strangled Qian, they only wanted to cause Qian to become comatose. They did not realize that the act of strangling would lead to Qian's death. That is to say, they lacked intentional intent and therefore could not To be held responsible for the completed intentional homicide, it can only be determined that Gao's behavior is the imaginary combination of attempted intentional homicide and negligent death.

2. Regarding the nature of the behavior of taking Qian’s handbag and 5,000 yuan in cash, the key lies in how to determine the possession of the deceased.

Answer 1: Gao was convicted of embezzlement against Qian’s handbag and 5,000 yuan in cash. The reason was that the deceased did not possess his property during his lifetime, so the handbag and 5,000 yuan in cash were forgotten items.

Answer 2: Gao was convicted of the crime of stealing Qian’s handbag and 5,000 yuan in cash. The reason was that the deceased continued to possess the property during his lifetime. Gao’s behavior was theft by transferring property owned by others to his own possession. behavior, the crime of theft was established.

3. The nature of the act of handing Qian’s savings card and ID card to Yin to withdraw 20,000 yuan.

Answer 1: An instigator of credit card fraud. Because Gao did not steal the credit card, but misappropriated the credit card and used the lost credit card to withdraw money, it was considered as fraudulent use of other people's credit cards. Gao instigated Yin to use it fraudulently, so he was an instigator of the crime of credit card fraud.

Answer 2: It constitutes the crime of theft. Because Gao stole a credit card, stole the credit card and used it, whether he used it directly or let a third party use it, it should be considered a crime of theft.