Case Facts: Both A and B are short of money. B learned that A’s mistress C’s house is a credit union agency and is equipped with a safe. He thought that he must have money, so he proposed to borrow money from C’s house and said: “If she doesn’t borrow it, maybe we can steal or rob her money.” . ?A said: ?Don't mess around! ?B didn't say anything anymore. One night, A and B drove to C's house together. B was waiting in the car, and A went into the house to borrow money from C. C said: "There is no money at home." ?A spent the night at C’s house for dinner. Seeing that A didn't come out for a long time, B had no choice but to drive home. When A wakes up and sees that C has fallen asleep, he gets up and tries to open the safe. C woke up and rebuked A loudly, saying: "Stop it quickly, or I will call the police!" A was so angry that he beat C to death and hid his body in the cellar.

A did not know the password and could not open the safe. He rummaged through the safe and only found a savings card and ID card of C. After A returned home, he thought that B could open a safe, so he asked B how to open a safe, but did not mention killing C. A handed C's savings card and ID card to B for safekeeping, claiming that they borrowed them from C. Two days later, A went to C's house again, opened the safe according to B's method, and found that there was no money in the safe. Without discussing with A, B tried to find out the password of his savings card through C's ID number, went to the mall to swipe the card and purchased a leather jacket worth 20,000 yuan.

After the incident, the public security organ believed that Person A was suspected of committing a crime and immediately issued a summons to him. A escaped at the police station while the police were left unattended to respond to emergencies. Half a year later, B, who learned of A's whereabouts, informed A that the public security organs were conducting an online wanted search for A, so A went to the police station to confess his crime.

In accordance with the relevant provisions of the "Criminal Law", please analyze the various behaviors and related facts and circumstances of A and B in the above cases, put forward handling opinions respectively, and briefly explain the reasons.

Reference answers

(1) Regarding the characterization of A’s behavior

1. In the process of stealing C’s safe, A killed someone because his crime was exposed For C’s behavior, A’s criminal purpose was to obtain property. According to Article 269 of the Criminal Law, his murderous behavior was the use of violence against the victim in order to “resist arrest” during the theft, and he should be convicted of robbery. According to the provisions of Article 263 of the Criminal Law, A’s behavior is robbery resulting in death. If the crime of robbery is aggravated, the upgraded statutory penalty should be applied.

Identification of the crime of transformational robbery; the crime of robbery is aggravated as a result of the crime

According to Article 269 of the "Criminal Law": Who commits the crime of theft, fraud, and robbery for the purpose of harboring stolen goods, resisting Anyone who uses violence or threatens violence on the spot to arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law. ?In the question, A was found in the process of stealing C's safe and became angry and killed C. This was resisting arrest for theft and constituted the crime of robbery. According to Article 263 (5) of the Criminal Law, robbery that causes serious injury or death is an aggravated crime, and the statutory penalty should be upgraded.

2. A’s murder and robbery have nothing to do with B. There is no common intention between A and B. According to the provisions of Article 25 of the "Criminal Law", it is not established. * is committed; A gives C's savings card and ID card to B, which does not constitute an instigator of the crime of theft. A returns to C's house two days later, opens the safe and attempts to steal C's money, which is part of the act of taking property in the crime of robbery and does not constitute a separate crime of theft.

Determination of the establishment of the same crime of ***; identification of the instigator

According to the provisions of Article 25 of the aforementioned "Criminal Law", the establishment of the same crime of *** must have *** Acting in the same manner as *** intentionally. In the description of the case, B suggested that he could steal or rob her money, but A rejected it; and A's murder and robbery occurred on a certain night after that, so A's murder and robbery had nothing to do with B. , B does not establish a sexual offense with A. In addition, A's giving the stolen savings card and ID card to B does not constitute an instigator of theft. Two days later, A went to C's house and opened the safe to steal C's money. This was a follow-up to the aforementioned robbery and was part of it, so it could not constitute the crime of theft alone.

3. According to the provisions of Article 1 of the "Interpretation on Several Issues Concerning the Specific Application of Laws on Surrender and Meritorious Service", only those who voluntarily surrender themselves to the crime and truthfully confess themselves without being interrogated or taking any compulsory measures after the incident. Only if the crime is committed can the person surrender. In this case, if A was taken compulsory measures by the public security organs and then escaped and was brought back to justice, even if he confessed truthfully, he could not be found to have surrendered.

Determination of surrender

According to Article 1 of the "Interpretation on Several Issues Concerning the Specific Application of Laws on Surrender and Meritorious Service", the time requirement for voluntary surrender is that the criminal suspect has not yet been interrogated. . When no compulsory measures are taken, take the initiative and directly surrender to the public security organs, etc. However, if A escapes and returns to justice after being subjected to compulsory measures, even if he confesses truthfully, it does not constitute surrender.

(2) Regarding the characterization of B’s behavior

1. A did not accept B’s prior proposal, no agreement was reached at that time, and the two did not have the same criminal intent. A's robbery was a temporary act and was a separate crime. B's behavior cannot be considered as an instigator. If B is not established as an instigator, of course, Article 29, paragraph 2, of the Criminal Law cannot be applied to B’s behavior. When A committed the robbery, B had already left the scene and had no criminal relationship with A. B had no intention to help and lacked helpful behavior, so it was not established as an accomplice.

Identification of the intention of *** to commit the same crime; identification of the instigator; establishment of the assisting offender

B’s previous proposal was not accepted by A, and the two of them had no intention of committing the same crime. *** has the same criminal intent, and A's robbery was carried out on a later night. The two of them did not commit the same crime. In addition, A's robbery was a temporary act, sudden, and he committed a separate crime. , nor can it be considered that B constitutes an instigator, and the provisions of Article 29, paragraph 2, of the "Criminal Law" cannot be applied. According to the foregoing analysis, B also has no intention to help and no helpful behavior, nor is he an accomplice.

2. A asked B how to open the safe, and when he handed C's savings card and ID card to B for safekeeping, he failed to inform B of the truth. B lacked the crime of teaching criminal methods, and covered up and concealed the proceeds of crime. , Intention for the crime of proceeds of crime. B’s behavior of going shopping in a shopping mall, according to Article 196 (3) of the Criminal Law, constitutes the fraudulent use of another person’s credit card, constituting the crime of credit card fraud.

Identification of the crime of teaching criminal methods and the crime of disguising, concealing criminal proceeds, and proceeds of crime; identification of the crime of credit card fraud

Is A? A set question? B’s method of opening a safe and failed to do so Tell the truth, so B does not have the intention to teach criminal methods as stipulated in Article 295 of the Criminal Law. When A handed over his savings card and ID card to B for safekeeping, he also lied about borrowing it from C. Therefore, B did not have the intention to cover up or conceal the proceeds of crime as stipulated in Article 312 of the Criminal Law. B is not guilty of the above two crimes. As for his behavior of using C's ID card to try out the debit card password, according to the provisions of Article 196 (3) of the "Criminal Law" cited above, it is an act of "pretending to use another person's credit card" and constitutes the crime of credit card fraud.

Comments: This case analysis question seems to be relatively simple, but there are large discretionary factors. In addition, a one-question format is used to provide treatment opinions by analyzing the behavior, relevant facts, and circumstances of each criminal. , and explain the reasons, which deepens the difficulty, so that the candidates' scores in this part will fluctuate greatly. In addition, the explanation of the reasons is also very important. It is necessary to have a solid grasp of relevant criminal law theories and the distinction between various crimes in order to make correct conclusions and reasonable analysis on this topic. This question focuses on the establishment of the key crimes in the crime of infringement of property and the same crime of rape. It should be said that the overall situation can be grasped by grasping two main lines: first, the identification of the crime of robbery transformed by A's behavior (or a sudden robbery) and its resultant aggravation; second, whether B is related to A in his behavior Complicit crimes were established within the scope, which again involved the identification of abettors and accomplices. In addition, the determination of surrender must be limited by the time conditions after the incident when no interrogation and no compulsory measures were taken.

Other details, such as the crime of teaching criminal methods and the crime of disguising, concealing criminal proceeds, and crime proceeds, must have subjective intention, and the crime of credit card fraud in the case is "trying out the debit card password through C's ID number",? The answer can be obtained relatively simply with the expression "go to the mall to swipe your card?" In addition, it is difficult to characterize A's behavior of opening the safe at C's house two days later. It is important to understand that this is a follow-up behavior during the robbery.

Generally speaking, for case analysis questions, the case must be analyzed carefully and prudently, and conclusions can be drawn one by one. The composition of the crime and several crimes and the explanation of the reasons require a mastery of key crimes and general theoretical knowledge. Well understood. ?The most important will always be the most important?? This is an unchanging law in criminal law examinations. Candidates do not need to use side questions or weird questions to win in the preparation for the examination. A solid foundation can achieve twice the result with half the effort.

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