1. Multiple choice questions. There must be at least two correct answers among the options set for each question. There will be no points for multiple choices, few choices, wrong choices or no choices.

1. Regarding the understanding of the sub-provisions of the "Criminal Law", which of the following options are wrong? (2011/2/58)

A. Even without Article 200 of the "Criminal Law" According to the provisions of Article 69, the crime of theft and the use of violence on the spot in order to destroy the evidence of the crime shall also be deemed as the crime of robbery

B. Even if there is no provision of Article 267 of the Criminal Law According to the provisions of paragraph 2, the act of robbing with a murder weapon should also be deemed as robbery

C. Even without the provisions of paragraph 3 of Article 196 of the "Criminal Law", for stealing credit cards and using them at an ATM The act of withdrawing money can also be considered a crime of theft

D. Even without the provisions of Article 198, paragraph 4, of the "Criminal Law", the appraiser of an insurance accident intentionally provides false certification documents for others. Those who provide conditions for committing insurance fraud should also be identified as criminals of insurance fraud

Reference answers

1. Pay attention to the provisions of the test points; legal fiction

Answer AB. Analysis: Article 269 of the Criminal Law (Conversion Robbery) is a legal fiction. If there is no such provision, the use of violence on the spot to destroy evidence of the crime of theft constitutes the crime of theft and intentional injury (intentional homicide). Item A is wrong and selected.

Paragraph 2 of Article 267 of the "Criminal Law" (carrying a weapon to snatch and commit robbery) is a legal fiction. If there is no such provision, the act of robbing with a weapon constitutes the crime of robbery. Option B is wrong and elected.

Paragraph 3 of Article 196 of the "Criminal Law" stipulates that stealing a credit card and using it constitutes the crime of theft, so please pay attention to the provisions. Choice C is correct and cannot be selected.

If there is no such provision, the perpetrators of insurance fraud can still be identified in accordance with the principles of the crime of fraud stipulated in the General Provisions of the Criminal Law. Choice D is correct and cannot be selected.

Therefore, choose AB for this question. Relevant test points:

1. Pay attention to the provisions

Pay attention to the provisions, which means that when the criminal law has already made basic provisions, paying attention to the provisions does not change the content of the basic provisions, but only changes the basic content. Emphasis and reiteration; the attention provisions are only indicative, so even if the content of the attention provisions is deleted, it will not have any impact on the perpetrator's conviction and sentencing.

Example 1, Article 156 Smuggling criminals conspire with smuggling criminals to provide them with loans, funds, account numbers, invoices, certificates, or provide them with transportation, storage, mailing or other conveniences , punished as a smuggling criminal.

Example 2, Article 287 Indicative provisions on using computers to commit crimes Anyone who uses computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this law.

Example 3, Article 310 Whoever is guilty of harboring or shielding a person who knowingly provides a hiding place or property for a person who has committed a crime, helps him escape or gives false evidence to cover him shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. ; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Anyone who commits the crime mentioned in the preceding paragraph and conspires beforehand shall be punished as having committed the same crime.

Example 4, Article 355: Crime of illegal provision of narcotic drugs and psychotropic substances Persons who are engaged in the production, transportation, management, and use of state-controlled narcotic drugs and psychotropic substances in violation of national regulations, ingest or inject drugs Anyone who provides narcotic drugs or psychotropic drugs that are controlled by the state and can cause humanoid addiction shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. gold.

Whoever provides criminals who smuggle or sell drugs or, for the purpose of profit, provides narcotic drugs or psychotropic drugs that are controlled by the state and can cause humanoid addiction to people who take or inject drugs, shall be punished in accordance with Article 347 of this Law. stipulates conviction and punishment.

2. Legal fiction

Legal fiction refers to treating behavior that does not originally comply with certain regulations in accordance with the regulations. The difference between legal fiction and attention to regulations is that if the content of legal fiction is deleted, the result of the conviction and sentencing of the perpetrator will be completely different.

Example 1, Article 267 Whoever commits robbery with a weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Example 2, Article 196 Whoever steals a credit card and uses it for the crime of credit card fraud shall be convicted and punished in accordance with the provisions of Article 264 of this Law (Crime of Theft).

Example 3, Article 238 Whoever illegally detains another person or illegally deprives another person of his or her personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights. Those who are beaten or insulted shall be severely punished.

Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death shall be sentenced to a fixed-term imprisonment of not less than ten years. Anyone who uses violence to cause injury, disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law (intentional injury and intentional homicide).

Example 4, Article 247: For the crime of extorting confessions through torture and the crime of obtaining evidence through violence, judicial personnel who torture criminal suspects or defendants to extract confessions or use violence to obtain testimony from witnesses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Anyone who causes injury, disability or death shall be convicted and severely punished in accordance with the provisions of Articles 234 and 232 of this Law.

Example 5, Article 248 Crime of Abuse of Supervised Persons Supervisors of prisons, detention centers, detention centers and other supervision institutions beat or physically punish and abuse detainees. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years. Or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Anyone who causes injury, disability or death shall be convicted and severely punished in accordance with the provisions of Articles 234 and 232 of this Law.

Example 6: If a robbery criminal converted into the crime of theft, fraud, or robbery in Article 269 uses violence or threatens violence on the spot in order to hide stolen goods, resist arrest, or destroy criminal evidence, he shall be punished in accordance with Article 2 of this Law. Article 163 provides for conviction and punishment.

Example 7, Article 289: Crime of Intentional Injury, Crime of Intentional Homicide, Crime of Robbery: Assembling a crowd to beat, smash, and rob someone, resulting in injury, disability, or death, Article 234 and Article 200 of this Law shall apply. Article 32 provides for conviction and punishment. For those who destroy or steal public or private property, in addition to being ordered to pay compensation, the ringleaders will be convicted and punished in accordance with the provisions of Article 263 of this Law.

Example 8, Article 292 Crime of gathering to fight. If a group of people fights and causes serious injury or death, he shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.