1. Although customary law cannot be the source of criminal law, it is still a factor that people must consider when interpreting the elements of a crime and judging illegality and responsibility. In addition, when there is a customary law that is favorable to the perpetrator,

When the perpetrator commits an act based on customary law, the establishment of the crime may be ruled out on the grounds that the perpetrator lacks awareness of the illegality.

2. The act of introducing bribes to employees of companies, enterprises or other units (non-state employees) is not a crime under the criminal law, so this kind of behavior can only be punished without guilt.

3. There are also some situations where special identities are suspected but are not really special identities. For example, producers and sellers in Article 140 of the Criminal Law, company promoters and shareholders in Article 159, etc. Because anyone can directly engage in production and sales activities, and therefore can become a producer or seller in Article 140. In this sense, anyone can become a subject of the crime of producing and selling counterfeit and inferior goods, and there is nothing special about it. But this is not the case for other special identities. Taking the crime of corruption as an example, not everyone can be engaged in public service, manage or operate state-owned assets in accordance with the law, and therefore not everyone can be the subject of the crime of corruption. In addition, rape crimes are also suspected status offenders, not real status offenders, because women can also become principal offenders of rape crimes (same principal offenders and indirect principal offenders)

4. Unit crimes are committed by The decision-making body of the unit shall make decisions in accordance with the unit's decision-making procedures and shall be implemented by the directly responsible personnel. Therefore, if an internal member of a unit commits a crime without the approval, consent or approval of the unit's decision-making body, or if an internal member of the unit commits a criminal act unrelated to his or her official duties, it does not constitute a unit crime.

5. Negligence crimes should be the basis for obligations in the same way as negligence violations. Since criminal law theory affirms that negligent illegal acts can become the basis for obligations, there is no reason to deny that criminal negligence can become the basis for obligations. For example, if A's negligent behavior causes B a minor injury and a life-threatening situation, and A intentionally fails to rescue B, thus causing B's death, the crime of intentional homicide by omission is established. For another example, if A's negligent behavior causes serious injury to B, and at the same time creates a life-threatening situation, if A intentionally fails to rescue and thus causes B's death, it should also be deemed as intentional homicide by omission.

6. When the behavior in the natural sense has ended but legal interests are in imminent danger, there is room for legitimate defense. For example, for a person who has planted a time bomb, defensive behavior can be used to force him to reveal the location of the bomb or to disarm the bomb device.

7. The special defense stipulated in paragraph 3 of Article 20 of the Criminal Law does not have defense limits or excessive defense.

8. The problem of conversion of criminal intent only occurs when the victim is the same. If the victim is targeted at a different victim, it can only be a different criminal intent. For example, A intentionally cuts B with a knife to harm him. At this time, enemy C happens to appear at the scene, and A turns around and kills C. A's behavior was directed at different targets and should be found guilty of intentional injury and intentional homicide.

In order to rob ordinary property, A used violence against B. When taking the property by force, he found that there were not only property but also QZ in B’s bag, so he used violence to only seize QZ. A's behavior establishes the crime of robbery and is suspended, and the crime of robbery qz is completed (concurrently punished).

9. A and B stood on the top of the mountain and saw an old man at the bottom of the mountain. A said to B: "Do you think you can hit the old man by pushing this rock down?" B said: "Yes. Is it such a coincidence?" So the two of them rolled a stone down the mountain, killing the old man. A and B acted indirectly intentionally.

In terms of attitude towards the result, he directly and intentionally voted in favor, negligently voted against, and indirectly and intentionally abstained from voting. In the case of indirect intention, the actor is either indifferent to whether the result will occur or not, or he or she decides in his heart whether the result will occur or not, which is arbitrarily determined by the objective behavior he is determined to implement.

10. While A was working out of town, he committed a robbery in the dark. During the robbery, he discovered that the other party was his brother B, so he stopped the robbery.

A’s conduct constitutes a criminal cessation.

A was hired to kill B. After aiming his gun, he discovered in time that the other person was not B and put down his gun. A’s behavior constituted an attempted crime.

A was preparing to rape woman B. After using violence against B, he discovered that sulfuric acid had been poured on B's face. He became disgusted and did not commit any sexual act. When A recognizes that objectively he can carry out a sexual act, but does not give up the sexual act based on external coercion, it should be deemed a suspended crime.

A shot B, and B was frightened and fainted. A mistakenly thought that B had been shot and fell to the ground. He suddenly felt regret and sent B to the hospital for rescue. If A’s behavior is established, the crime will be suspended.

11. A and B hired a boat from C for smuggling. *** both paid for it. A is smuggling drugs, and B is smuggling drugs. A and B were found guilty of the crime of smuggling drugs and the crime of smuggling drugs.

A committed rape with intent, and B committed violence with intent to rob C. A’s behavior resulted in C’s death. According to some criminal conspiracy theories, since A and B are co-culprits within the scope of intentional injury, both A and B bear criminal responsibility for C's death. A bears the responsibility for rape resulting in death, and B bears responsibility for robbery resulting in death.

12. When several persons commit a crime together, it is not required that several persons directly form the intention to commit the crime together. They communicate indirectly through one actor to other actors. If the meaning of "the same practice" is formed, there is also the meaning of "the same practice".

13. A prepared the poison and put it on his bookshelf, intending to give it to B when he visited. However, before B's visit, A's daughter C mistakenly drank the poison as a drink. A's behavior constitutes an imaginary concurrent crime of intentional homicide and negligent homicide.

14. A stole an imitation of a certain cultural relic (valued at 3,000 yuan), and then A sold the imitation to B for 30,000 yuan, passing it off as the original. In this regard, A's behavior constitutes the crime of theft and fraud. Because A's latter behavior violated new legal interests.

15. Insurance fraud all uses insurance contracts. Therefore, insurance fraud all violates the crime of insurance fraud and contract fraud. The penalty for insurance fraud is 15 years, and the penalty for contract fraud is life imprisonment. In this regard, the principle of respecting the law rather than taking the law lightly should be applied. The application of the principle that heavy laws are better than light laws must meet the following three conditions: First, the behavior violates the general provisions and special provisions of the same law; second, the special provisions of the same law stipulate that the statutory penalty is significantly lower The statutory penalty is based on the provisions of ordinary provisions, and, according to the circumstances of the case, the application of special provisions is obviously inconsistent with the principle of compatibility of crime and punishment; thirdly, the criminal law does not prohibit the application of ordinary provisions, or it does not

It is specified that special terms must apply. If the criminal law provisions stipulate that "if this law provides otherwise, the provisions shall prevail", the application of ordinary provisions is prohibited.

16. In one smuggling activity, smuggling drugs and weapons at the same time should be considered as multiple crimes, rather than imaginary concurrent crimes.

17. A deliberately used violence against B for robbery. As B tried his best to resist, A felt scared. In order to escape, A continued to use violence and beat B seriously, then fled the scene. A's behavior constitutes attempted robbery and intentional injury. After A starts committing the crime of robbery, he then sets out to commit another criminal act, which constitutes several crimes.

18. Behaviors that fall within the scope of surrender or confession cannot be deemed meritorious. For example, after A bribes a state employee B, he voluntarily surrenders to the case and explains to the judicial authorities the fact that he bribed B and that B accepted the bribe from A. This cannot be regarded as A reporting or exposing B's criminal behavior. Because the briber can be deemed to have truthfully confessed his crime only if he confesses the fact of whom he bribed. Therefore, A’s behavior does not exceed the scope of surrender and cannot be regarded as meritorious service.

19. A holds a large amount of drugs, but there is no evidence to prove that A has the intention and behavior to smuggle, sell, transport, and manufacture drugs. After surrendering, A truthfully confessed that he held drugs. The time, quantity, variety and other facts, and explained to the judicial authorities that the drugs he held were purchased from B, thus exposing the fact that B sold drugs, which exceeded the requirement of "truthfully confessing his crime" (illegal possession of drugs) The scope should be considered as meritorious service.

20. Reporting or exposing others’ criminal acts against oneself, or assisting judicial organs in arresting criminal suspects who have committed crimes against oneself shall constitute meritorious service. For example, A was arrested on suspicion of theft, and while in custody, he truthfully confessed the facts of his theft crime. He also revealed the criminal fact that Y Zeng raped him, and Song should be deemed to have committed meritorious service.

Although meritorious acts are directed at criminal acts, the perpetrators are not required to report and expose criminal acts that fully meet the constituent elements of a crime. (1) Exposing someone else's "criminal behavior" and later finding out that the other person did not have the ability to take responsibility when committing an objectively harmful act shall be regarded as meritorious service; (2) Exposing someone else's "criminal act" but the other person did not act at the time of the act Intentional and negligent actions, but caused by accidents, should also be considered meritorious service; (

3) If someone exposes another person’s criminal behavior and later finds out that the other person is dead, it constitutes meritorious service; (4) Exposing someone else’s criminal behavior If the criminal act of another person has exceeded the prescribed statute of limitations, it will not affect the establishment of meritorious service. The following situations cannot be regarded as meritorious service: (1) Exposing others' acts of self-defense, emergency avoidance, etc. that exclude crimes do not constitute meritorious service; (2) Exposing others' crimes that are handled only upon complaint cannot be regarded as meritorious service. ; (3) If the criminal behavior of others exposed cannot be applied to Chinese criminal law, it cannot be regarded as meritorious service. If a criminal commits crimes A and B, surrenders himself for crime B, and performs major meritorious services after being found guilty, the punishment for crime A may be reduced or exempted; the punishment for crime B shall be reduced or exempted.

21: As long as the murder is committed for the purpose of illegal possession, and there is a meaningful connection between the subsequent property acquisition and the murder, it can be deemed as robbery. For example, if A rushes to B's house to take property after killing B according to plan, it should be deemed as robbery. The above-mentioned meaning connection also includes the continuity of the meaning of obtaining property when killing people. For example, if A kills B in order to obtain B's ring, finds the wallet after taking off the ring, and takes the wallet away, he is only guilty of robbery. A week later, if someone comes to the murder scene in order to annihilate the body, finds the wallet and takes it away, the act of obtaining the wallet should be separately deemed as embezzlement.

22: If the perpetrator uses violence or coercion to illegally detain the victim or forces the victim to leave the place where he lives, and then still extorts property from the victim, it can only be deemed as robbery.

23: During the kidnapping process, anyone who intends to rob someone else and uses violent means to seize the property carried by the kidnapped person shall be punished for the crime of kidnapping.

24: If the victim is unconscious or unaware, or after committing the crime of intentional homicide, if he temporarily takes away other people's property, he shall be charged with several crimes based on the specific crime and the crime of theft previously committed. And punished.

25: Stealing on a public transport vehicle and converting it into robbery after getting off the vehicle does not constitute robbery on a public transport vehicle.

26: If someone dies as a result of escaping after a robbery, if he accidentally encounters a former enemy and kills him while escaping, if the robbery accomplices kill each other because of differences of opinion during the robbery, all of them shall be punished. Rather than robbery causing death, multiple crimes should be punished.

27: Even if the act of taking property causes the victim to fall, be injured or die, the crime of robbery will not be established.

28: Micro blades carried for the purpose of stealing property and used to scratch pockets and handbags of others are not murder weapons. Those who cause followers to carry out these acts are also considered to be carrying murderous weapons.

29: If the perpetrator follows others with a controlled knife and uses the knife to cut off the backpack carried by others when the other person is not paying attention, and obtains the backpack and the property in it, Article 267 of the Criminal Law shall apply 2, but the provisions of Article 263 of the Act cannot be directly applied.

30: The perpetrator knows the other party’s criminal facts so as to report to the judicial authorities for coercion and extortion of property. Although reporting to the judiciary was legal, the crime of extortion was still established.

31: After the coercive behavior causes the other party to feel fear, the other party informs the police and the police asks the other party to go to the agreed place to deliver property in order to arrest the perpetrator, which should also be considered as attempted extortion.

32: When the debtor has interests in terms of time limit, liquidation interests, etc. that are worthy of protection, or the content of the creditor's rights has not been determined, the debtor has legitimate interests to claim in civil proceedings, and the other party uses coercion to obtain property. , it is possible to establish the crime of extortion.

33: If the victim is coerced to hand over property on the spot, otherwise the victim will be killed in the future, or if the perpetrator commits violence against the victim that does not reach the level of robbery and coerces the victim to hand over property, it should be deemed as a crime of extortion. After the perpetrator commits violence against the victim that is sufficient to suppress the victim's resistance, and then forces the victim to hand over property in the future, it should be deemed as robbery.

34: After A and B colluded, A, who was an acquaintance of C, deceived C into traveling abroad. B called C’s family and claimed that he had “kidnapped” C and demanded a “ransom”. , not guilty of kidnapping, but guilty of extortion.

35: Property that is clearly under the control and management of others, even if the other person temporarily forgets or leaves for a short time, as long as the property is within the scope of the control power of others, it should be deemed to be in the possession of others.

36: B goes to A’s house to do business. Even if B and A go for a walk and chat outdoors together and leave A’s house for a short time, B’s bag placed at A’s house is still in B’s possession.

37: The property left by the traveler in the hotel room belongs to the hotel manager and is not a forgotten item. For example, if A forgets property in B's house, B will take possession of it.

38: A wallet on a road that is not used by specific people is generally property that is out of the possession of others; but if A accidentally drops the wallet from the balcony on the road, it has been on the balcony. When the wallet is guarded by A, the wallet is still owned by A.

39: If the perpetrator deceives others from indoors to outdoors, and then enters the room to steal property, he is guilty of the crime of theft. For another example, if a perpetrator disguises himself as a customer, goes to a store to try on high-end suits, and then escapes, he is also guilty of the crime of theft.

40: Sudden use of force to seize other people's handbags or bags, use force to seize other people's earrings, necklaces and other jewelry, while the victim has placed the property in the rear rack or front basket of the bicycle while riding. If the perpetrator suddenly uses force to seize property while the vehicle is moving, it may cause casualties and should be classified as robbery. For another example, if you use a rope to tie the rear wheel of the victim's bicycle, and when the victim gets out of the car to check, you quickly take away the bag placed in the bicycle basket, there is a possibility of causing casualties as a whole, and it can be determined as a crime of robbery.

41: Victim B was holding his wallet on the way to the bank to withdraw money. He accidentally tripped over the iron chain on the roadside, and the wallet fell to the ground more than 3 meters away from him. He saw In this situation, A picked up the money and ran away. A's behavior does not constitute the crime of robbery, but should be regarded as the crime of theft.

42: Liu, a 26-year-old man, secretly entered the room of Wang, a 76-year-old widowed old woman, late at night in an attempt to steal property. When Liu was rummaging through the property, the noise woke up Wang, who was Dare to stop her, but just begging her not to take away her property. Upon seeing this, Liu ignored Wang and continued to look for money and belongings. Finally, he found 2,000 yuan in cash and took it away. Liu's behavior constituted the crime of theft.

43: After the perpetrator steals credit certificates such as passbooks, savings cards, remittance orders, etc., and then uses deceptive means to obtain property through employees of banks or other financial institutions or postal workers, causing others to suffer property losses, the crime of fraud shall be established; However, using stolen or picked-up debt certificates to withdraw cash through an automatic teller machine shall be deemed a crime of theft.

44: For the purpose of illegal possession, the perpetrator threw other people's property from the train to a remote track, intending to pick up the property after getting off the train. Regardless of whether the offender recovers the property afterwards, the crime should be considered completed.

45: If an employee living in the employer’s home hides the stolen property in a hidden place in the employer’s home, the theft has been completed.

46: If the perpetrator commits deception and makes others give up their property, and the perpetrator picks up the property, it should also be considered a crime of fraud.

47: If you use counterfeit, altered or stolen armed forces vehicle license plates to defraud road maintenance fees, tolls and other various fees, and the amount is relatively large, you will be guilty of fraud.

48: If others are relieved of non-debts through deception, there is no property loss. The perpetrator did not originally intend to pay the prostitution fee, but deceived the woman into providing sexual services. The perpetrator originally intended to pay the prostitution fee, but after having sex with the other party, he used deception to exempt the other party from the prostitution fee. If the person pays the prostitution fee to the prostitute and uses deceptive means to defraud the prostitute, the crime of fraud will not be established. If the perpetrator obtains the property illegally possessed by the other party through deception, the crime will not be established. Crime of Fraud.

49: Anyone who obtains property legally owned by the other party through deception shall be deemed as a crime of fraud.

50: Although the perpetrator has raised a property of comparable price goods, but when the other party will not pay the money after telling the truth, deliberately making false statements about the performance of the goods, causing the other party to misbelieve the performance of the goods, and accepting the money delivered by the other party, constitutes a crime of fraud. In other words, even if When the actor provides a considerable payment, but the exchange purpose of the deceiver is basically not realized (including the payment of items that lack the important attributes agreed upon by both parties), it should be determined as a crime of fraud. The actor commits deceptive behavior, causing the deceived person to lose the property delivered. Purpose, when the recipient of the property has a wrong understanding of the legal interest relationship, even if the recipient has a wrong understanding of the legal interest relationship, even if the deceived person does not expect a corresponding payment, it should still be recognized that there is a property loss, and the perpetrator's behavior constitutes the crime of fraud.

51: Whoever deceives others about having hepatitis and then sells medicines to others is guilty of fraud.

52: Claims to give the donated money to the victims, but in fact gives the donated money to the victims. Parents, convicted of fraud.

53: Dealing with no money for food and accommodation. After the perpetrator went to the restaurant to finish the meal, he lied about going out to do errands and took the opportunity to escape. Since the victim did not forgive the perpetrator's debts, that is, there was no disciplinary action, it is difficult to determine this behavior as a crime of fraud.

54: If the perpetrator commits credit card fraud but the bank fails to collect the money, it does not meet the constituent elements of the crime of credit card fraud; if it meets the constituent elements of the crime of fraud, he should be convicted and punished in accordance with Article 266 of the Criminal Law. For another example, the actor defrauded 4,000 yuan of insurance money, which did not meet the relatively large amount required for the crime of insurance fraud (5,000 yuan). This should be considered a general fraud crime.

55: The act of "illegal possession of a mobile phone in the name of borrowing it to make phone calls" is actually theft, not fraud.

56: Anyone who uses other people’s payment vouchers to obtain property at an automatic teller machine is also guilty of the crime of theft.

Anyone who fraudulently uses other people's payment vouchers to obtain other people's property through bank staff or specially appointed merchant staff is guilty of (financial) fraud.

57: If someone simply destroys another person’s property that is kept on his behalf, he is only guilty of the crime of intentional destruction of property.

58: If the property was originally owned by others, but the perpetrator mistakenly thought it was a forgotten or buried object and obtained the property, it is an abstract factual recognition error and can only be deemed as a crime of embezzlement.

59: Shen rode his bicycle to a motorcycle repair shop. He saw a motorcycle parked in front of the repair shop, and he wanted to possess it. He also saw that there was no motorcycle lock on the shelf in the repair shop, so he Asked the shop owner: "Do you have a motorcycle lock in your shop?" The shop owner said: "There's not one here. If you want it, I'll go back and get it later." Shen said, "Go get it quickly. I have to do something." "The shop owner left the repair shop at Shen's urging. Before leaving, he said to Shen: "I'll get the lock, and you can look around the shop for me." "After the shop owner left, Shen rode away on his motorcycle. In this case, although Shen deceived the shop owner into leaving the repair shop, the shop owner did not transfer the property to Shen for possession. Although the shop owner asked Shen to help look after the store, this time At best, Shen is only a co-owner of the property in the repair shop. According to the general concept of society, even if the owner temporarily leaves the repair shop, the property in the repair shop is still in the owner's possession, so Shen's behavior constitutes the crime of theft.