In criminal law, it is best to give a case on how to distinguish between an absorber and an implicat

Updated on society 2024-03-22
4 answers
  1. Anonymous users2024-02-07

    It is impossible to absorb the offender without him, and it is okay to implicate the offender with or without it, for example, if the self-made **object carries out the ** behavior, it is the absorption offender.

  2. Anonymous users2024-02-06

    Legal Analysis: The difference between an absorber and an implicated offender is as follows:

    1) Absorption is a situation in which only one crime is established when one of the criminal acts is absorbed by one of the criminal acts.

    2) An implicated offender shall be a crime in which the offender commits a crime for the purpose of committing a crime, and the method or result of the crime is committed by another crime.

    3) There is a necessary relationship between the absorption of the two crimes, but not between the implication of the two crimes.

    Legal basis: Criminal Law of the People's Republic of China Article 176 Whoever illegally absorbs deposits from the public or indirectly absorbs deposits from the public, disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or shall be fined between 20,000 and 200,000 RMB, with a huge amount of liquids or other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined between 50,000 and 500,000 RMB.

  3. Anonymous users2024-02-05

    Implicated offender: In order to kill and steal this ruler of firearms, because it infringes on two legal interests, Sen Zhenggao is an implicated offender, and he will be punished for several crimes.

    Absorption: Counterfeiting currency and then using it, because the legal interest infringed is one, so it is a sucking offender, and it is punished as a felony.

  4. Anonymous users2024-02-04

    Legal Analysis: Connections and Distinctions. Absorbers and implicators:

    Absorption consists of several separate criminal acts and the commission of different crimesThe implicated offender is also constituted by several separate crimes, and the offence is committed under different charges, but the causal act of the implicated offender (i.e., the initial criminal intent) gives rise to the act of means or the act that causes the resultExamples of implicated offenders, such as the creation of state documents for the purpose of fraud, the theft of other people's property, the discovery of a firearm and the illegal possession of it...

    It can be seen that the connection between the acts of the absorber is closer, and the biggest difference between the implicated offender and the absorber is that there is no inevitability between the acts of the implicated offenderIt is not necessary to forge official documents as a means to achieve the purpose of fraud, and it is not necessary to obtain a firearm by stealing other people's property.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 76: Parties may apply to the people's court for an evaluation on specialized issues of ascertaining facts. Where the parties apply for an appraisal, the parties are to negotiate to determine a qualified evaluator; and where negotiation fails, the people's court is to appoint one. Where the parties have not applied for an evaluation, and the people's court finds that an evaluation is necessary for a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.

    Article 77: Evaluators have the right to learn about the case materials needed to conduct evaluations, and when necessary, may question parties and witnesses. The evaluator shall submit a written evaluation opinion and sign or affix a seal to the appraisal document.

    Article 78: Where parties have objections to an evaluation opinion or the people's court finds that it is necessary for an evaluator to appear in court, the evaluator shall appear in court to testify. Where upon notice from the people's court, the evaluator refuses to appear in court to testify, the evaluation opinion must not be the basis for determining the facts; The party who paid the appraisal fee may ask the waiter for a refund of the appraisal fee.

    Article 79: Parties may apply to the people's court to notify persons with expertise in making arguments to appear in court, and to submit opinions on evaluation opinions or professional issues made by evaluators.

    Article 80: In the inquest of physical evidence or at the scene, the inquest person must present the people's court's identification, and invite the local basic-level organization or the party's unit to send someone to participate. The parties or their adult family members shall be present, and where they refuse to appear, it does not impact the conduct of the inquest. Relevant units and individuals have the obligation to protect the scene and assist in the inquest work on the basis of the notice of the people's court.

    The inquest personnel shall make a record of the circumstances and results of the inquest, and the inquest personnel, the parties, and the invited participants shall sign or affix a seal.

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