A question on criminal law with the help of Ha

A Because it is for gambling money, it does not constitute the crime of kidnapping, but is only punished as the crime of unlawful detention.

According to the "Interpretation of the Supreme People's Court on the Issue of How to Convict the Illegal Detention of Others for the Purpose of Demanding Debts Not Protected by Law", it is stipulated that where the perpetrator illegally seizes or detains others for the purpose of soliciting usury, gambling debts, or other debts that are not protected by law, he shall be convicted and punished in accordance with the provisions of Article 238 of the Criminal Law.

That is, the act against A should be determined as the crime of unlawful detention of A. Please refer to it.

Unlawful detention, because it is for the purpose of demanding debts, is not to be kidnapped.

Demanding bad debts and taking hostages is punished as the crime of illegal detention.

This case is the crime of illegal detention, and the current view of criminal law scholars is that the gambling money required does not constitute the crime of kidnapping.

Please remember.

a.Unlawful detention.

From a subjective point of view, the crime of kidnapping is the purpose of extorting property or other illegal benefits, and the crime of illegal detention has no such purpose.

If B owes A7,000 but A takes the opportunity to ask for 8,000, he is an imaginary co-offender in the kidnapping case of illegal detention.

Option A is incorrect. Zhang was not wanted for escaping while in custody, and this does not constitute the crime of escape. There is no mention in the question stem that plainclothes police officers reveal their identities and do not constitute the offence of obstruction of official duties.

Option b is incorrect. Zhang's misidentification of the police as a gangster is a misunderstanding of the subject, but he has a clear understanding of the behavior and results of the injury, and he took the initiative to carry it out, so negligence cannot be established.

Option c is correct. Circumstances such as whether the plainclothes police revealed their identities during the arrest, whether they used violence beyond the limit, and whether Zhang took legitimate defense because he mistakenly identified the gangsters, etc., did not explain, so it cannot be considered that Zhang was justified in self-defense. Zhang X took the initiative to resist and caused serious injury, and the crime of intentional injury should be established.

Option d is incorrect. Zhang committed a crime.

does not constitute a crime.

If Zhang did not commit a crime, his actions were justified in self-defense, and Li did not reveal his identity, Zhang's misunderstanding is completely reasonable. If there is a defensive improper choice, but there is no such thing in the answer.

Hypothetical defense, constituting a crime, c, ls correct solution.

9. Forging credit cards constitutes the crime of forging financial documents; Whoever first forges a credit card and then uses a forged credit card to commit a credit card fraud shall be punished (b) as an implicated offender for a felony).

10. China's criminal law stipulates that the age of full criminal responsibility is (b, 16 years old).

11. Farmer Sun secretly cut the communication cable he was using late at night, and the cable was worth more than 500 yuan, and the communication was interrupted for 12 hours. Sun's conduct falls under (b) the crime of destroying public telecommunications facilities

12. In 1998, Yang, a civil affairs cadre, took advantage of his position to embezzle more than 20,000 yuan of flood relief funds and lend them to his brother to operate clothing. Yang's conduct falls under (c) the crime of misappropriation of specific funds and goods

13. The principle of punishment for crimes committed by a deaf and dumb person or a blind person is (a) that the punishment may be mitigated, mitigated or exempted).

14. Zhao, a vendor who collects scrap products, promised to buy the industrial copper stolen by Luo, a young worker in a copper factory. Luo then stole a copper block worth 1,500 yuan and handed it to Zhao. The conduct of the two persons (B, joint theft).

15. Judicial interpretations refer to (d) interpretations made by the Supreme People's Court and the Supreme People's Procuratorate

Constitutes a traffic accident.

Traffic accident refers to the situation in which the vehicle actor bears the corresponding responsibility for the accident in the course of driving, such as collision, crushing, scraping, rollover, crash, **, fire and other personal and property damage.

It is illegal for a driver to drive without a license and take passengers in violation of regulations. Regardless of whether the overload of the car caused the collapse of the roadbed, even if the road gene quality problem naturally collapsed, the driver also bears criminal responsibility.

Candidates who are crazy about the exam......Such a strange topic.

It should be composable.

Although the back is written in a mess, it looks as if the driver is pitiful.

But the previous 4 words of driving without a license have already given him a hat for violating the rules knowingly.

You compare the 4 elements one by one, and that's it.