Controversial criminal cases, controversial criminal cases

What is said upstairs is relatively easy to qualitative. There is no arguability.

What the landlord needs is the kind that is between several crimes and is not easy to identify.

The following is one of the topics of the 2006 Hunan Procuratorate Court Debate Competition, which can be used for the landlord's reference:

At noon one day in early October 2004, Wang deposited 2,250 yuan in the bank, and when the bank staff entered the deposit amount on the computer, they accidentally added an extra "0" after 2,250 yuan, and the deposit entered into the computer became 22,500 yuan, instead of the 2,250 yuan deposited by Wang. When Wang got the passbook, he discovered the mistake of the bank staff and then withdrew it all at other savings points. At half past 5 o'clock in the afternoon of the same day, the bank found a mistake in the reconciliation, but found that all the money had been taken away by Wang, so he contacted Wang and asked him to return the over-withdrawn money.

Wang avoided the bank staff and moved away from his original place of residence, unable to be contacted. The bank officers then went to the public security organs to report the case.

Divergence. There are three different opinions on how to deal with the 20,250 yuan that Wang took away:

The first opinion: The 20,250 yuan is just civil unjust enrichment for Wang. Wang's act of taking away the 20,250 yuan is Wang's act of transferring this unjust enrichment when he is already in possession.

For Wang's refusal to return the money, the bank may file a civil lawsuit with the people's court.

The second opinion: Wang's behavior constitutes the crime of theft. Wang's use of methods that he subjectively believes is not discovered by the owner of the property (bank) to steal property, the amount is huge, has violated the criminal law, and should be convicted and punished as the crime of theft.

The third opinion: Wang's conduct constituted the crime of embezzlement.

Last year, he participated in one of the topics of the city's procurator debate competition.

Defendant Yu Fei, male, 26 years old, has no fixed occupation for the time being. On April 5, 2003, defendant Yu Fei and his friends Zhao and Li met on the street, and Zhao and Li said that they owed others 10,000 yuan for goods due to improper business operation and urgently needed money to repay the debt. Yu Fei proposed that there be a highway toll station not far from here, and the toll collectors could be driven away and the fee could be collected.

At 17:00 on the same day, Yu Fei carried sticks and drove Zhao and Li to a highway toll station in a city. Yu Fei took out a stick, saying that he had just come out of prison and had no money to spend, so he wanted to "requisition" the toll station for 6 hours, and ordered Lu Linfeng and Song Xiaoyu, the toll collectors on duty, to take away the invoices and the money collected, and go to the car outside to rest, otherwise, the two of them would suffer "skin and flesh".

Zhao and Li took Lu and Song to the car and waited together in the car, during which Lu and Song were not allowed to enter the toll station, but could move on their own. At the request of Lu and Song, Zhao and Li bought supper for them. Yu Fei charged the vehicles according to the highway toll standard, but said that the invoice was used up and the driver was not invoiced, and he received a total of 30,000 yuan.

Six hours after the charge, the defendant Yu Fei and others left. On April 6, 2003, ** received a report and arrested Yu Fei. After investigation, the toll station is a state-owned institution.

What is the offence of the trio?

At that time, the question of debate was whether it constituted fraud.

Requirements for filing a criminal case: 1. There are facts of a crime, that is, in a case that has been accepted, and the criminal suspect's behavior has violated the criminal law and constituted a crime; 2. The amount, result, or other circumstances of the suspected crime meet the standards for filing and prosecuting the case, and criminal responsibility needs to be pursued; 3. It belongs to its own jurisdiction.

Article 288 of the Criminal Procedure Law: In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, both parties may settle with Huaiqing: (1) In cases of suspected crimes provided for in Chapters 4 and 5 of the Criminal Law's Specific Provisions, arising from civil disputes in several cases, a sentence of up to three years imprisonment might be given; (2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

What are the conditions for release on bail? The following are the conditions for release on bail pending further investigation in criminal cases: In criminal proceedings, release on bail pending further investigation, as a compulsory measure, must meet certain legal conditions before it can be implemented.

According to the relevant provisions of the Criminal Procedure Law, the conditions that need to be met for the use of bail pending further investigation are: 1. Those who may be sentenced to controlled release, short-term detention, or independently apply supplementary punishments; 2. Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause harm to society. According to the provisions of China's Criminal Procedure Investigation Law, a defendant who should be arrested may also be released on bail pending further investigation under any of the following circumstances:

1. Women with serious diseases, or who are pregnant or breastfeeding their babies; 2. The person detained by the public security organ needs to be arrested but the evidence does not meet the requirements for arrest; 3. The case cannot be completed within the prescribed period of detention, but it is necessary to continue the investigation. It should be pointed out that release on bail pending further investigation must be enforced by the public security organs, and the period of release on bail pending further investigation must not exceed 12 months.

Article 16 of the Criminal Procedure Law: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, the trial shall be terminated, or a not guilty verdict shall be announced: (1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The chain of training of the death of the criminal suspect or defendant; (6) Other laws provide for exemption from criminal responsibility.