What is the difference between a crime and a criminal What is the difference between a crime and a c

The difference between breaking the law and committing a crime is actually quite large, and the circumstances of the violation are generally relatively minor, but the punishment for the crime is the most severe, so the two are different, so what are the specific differences? Let's see what the lawyer has to say!

Violation of law refers to all acts that violate the constitution, laws, decrees, administrative regulations and administrative rules of the country, and its extension is extremely extensive. Crimes, on the other hand, must conform to the provisions of China's Criminal Law on crimes, and must have the following characteristics: First, crimes are acts that endanger society.

The harmfulness of behavior to society is the most essential characteristic of crime. Second, a crime is an act that violates the criminal law. In other words, an act that endangers society must also be an act under the Criminal Code in order to constitute a crime.

Thirdly, a crime must be an act punishable by criminal punishment, and only an act that endangers society is considered a crime if it is punishable by criminal punishment. The above-mentioned characteristics are indispensable conditions that must be present in the determination of any kind of crime. At the same time, the Criminal Law also stipulates that if the circumstances are obviously minor and the harm is not great, it is not considered a crime.

This shows that the circumstances of the act and the degree of harm to society are the boundaries that distinguish between violations of the law and crimes.

The circumstances of the violation are minor.

The circumstances of the crime are serious.

To commit a crime is to break the law.

Breaking the law is not necessarily a crime.

Penalties for violating the law are detention within 7 days, fines (I don't remember how much it is, it's not much anyway) and/or warnings, etc.

Crime sub-control, criminal detention, fixed-term imprisonment, life imprisonment, three additional punishments in the third death penalty, confiscation of all property, deprivation of political rights, fines, the relevant provisions of the Criminal Law of the People's Republic of China are as follows:

Article 32: Punishments are divided into principal and supplementary punishments.

Article 33: The types of principal punishments are as follows:

a) control; 2) Short-term detention;

3) fixed-term imprisonment;

4) life imprisonment;

5) The death penalty. Article 34: The types of supplementary punishments are as follows:

a) Fines; 2) deprivation of political rights;

3) Confiscation of property.

Supplementary sentences may also be applied independently.

1) the right to vote and the right to stand for election;

2) The right to freedom of speech, of the press, of assembly, of association, of procession and of demonstration;

3) The right to hold positions in state organs;

4) The right to hold leadership positions in state-owned companies, enterprises, public institutions, and people's organizations.

Crime is a verb refers to the act of a person who has broken the law.

A criminal is a noun that refers to a person who breaks the law.

It's simple. Crime is a verb. Criminals are nouns.

Legal analysis: The degree of harm and punishment methods of violations and crimes are different, the circumstances of the violation are relatively minor, the harm to society is not great, and the civil liability is borne, the circumstances of the crime are relatively serious, and the harm to society is great, and the people's court should be sentenced to criminal punishment in accordance with law. Legal basis:

Article 3 of the Criminal Law of the People's Republic of China: Where the law clearly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

We often hear the word criminal suspect on TV or on the Internet, so why do we call criminal suspects instead of criminals when we have committed crimes? Criminal suspects and criminals are not only two different names, but also different names at different stages of the case. A criminal suspect refers to a person who has not been tried and has not been found guilty, but who has been confirmed by the public security organs to be suspected of a major crime, including when transferred to the procuratorate, the term criminal suspect is still used.

In other words, the so-called criminal suspect refers to a person who is suspected of committing a certain crime during the investigation and prosecution stage and is investigated for criminal responsibility in accordance with the law. A criminal is a criminal suspect who begins to serve his sentence after the guilty verdict takes effect, and is called a criminal instead. The suspect Zhen Wanlu was only involved in the disturbance before he was convicted by the court, and he was suspected of committing a crime, and was by no means a criminal.

To put it simply: a criminal suspect is a suspect who may have committed a crime but is not necessarily certain of a crime, while a criminal is a person who has been convicted of a crime by a court.

1. What are the chances of being released on bail pending probation?

Release on bail is not directly related to the verdict. Judging from judicial practice, only those who have committed minor crimes can be released on bail pending trial, and the chance of striving for a suspended sentence is greater, but it is not inevitable, and it is difficult to say how much the probability is. Release on bail pending further investigation refers to the compulsory measures taken by the public procuratorate and judicial organs against criminal suspects or criminal defendants during the period of criminal proceedings; Suspended sentences, on the other hand, refer to a system whereby perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment are convicted in advance, and the punishment imposed is not to be served for the time being, and a specific investigation body conducts an investigation of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law based on the convict's performance during the probationary period.

Therefore, after a criminal suspect or defendant is released on guarantee pending further investigation, a suspended sentence may be announced if the legally-prescribed requirements are met. However, the final judgment is to be heard and determined by the people's court.

2. Is the suspect guilty?

In the investigation stage, the reason why the person who committed the crime is called a criminal suspect is that any person who is suspected of violating the Criminal Law but has not yet been convicted and sentenced by the people's court in accordance with the law is called a criminal suspect. Whether or not guilty can only be determined by the judgment of the people's court in accordance with law. Except for the people's courts, no State organ or individual has the right to determine a person's guilt.

One of the basic principles of our Code of Criminal Procedure is the principle of presumption of innocence, which simply means that any person should be presumed innocent until proven and convicted, and if he cannot be proven guilty at trial, he should be deemed innocent.

Article 12 of the Criminal Procedure Law of the People's Republic of China provides that no one may be found guilty without a judgment made by a people's court in accordance with law.

The composition of a crime and the concept of crime are two concepts that are both closely related and distinct. The concept of crime is the basis of the composition of crime, and the composition of crime is the embodiment of the concept of crime. The concept of crime is the question of what a crime is and what are the basic attributes of a crime, and drawing a clear line between crime and non-crime on the whole is the general criterion for determining crime and a high-level summary of the basic characteristics of crime.

The composition of a crime refers to how a further crime is established and what legal requirements are required for its establishment, and what it needs to solve is the issue of the standards and specifications for the establishment of a crime, and the specific criteria for distinguishing between crime and non-crime, and between this crime and other crimes. As a scientific abstraction and generalization of the essential and legal characteristics of various criminal phenomena, the concept of crime itself cannot directly solve the problem of the specific criteria for identifying crimes necessary in judicial practice, and its role in defining crime and non-crime can only be exerted through the composition of crimes. Without the constitution of crime, the concept of crime becomes empty and abstract.

Only under the guidance of the concept of crime can the composition of a crime become the criterion for distinguishing between crime and non-crime, this crime and other crime, and the behavior that constitutes a crime also has the characteristics of serious social harm, criminal violation, and punishment that should be punished. The concept of crime and the constituent elements of crime are absolutely interrelated and distinct from each other, complement each other, and jointly serve the correct identification of crimes.

The main difference between the composition of crime and the concept of crime is that their functions are different: the function of the concept of crime is to reveal the social and political nature of criminal behavior from what crime is as a whole and what are the basic characteristics of committing a crime, so as to distinguish crime from non-tenant conviction in principle; The merit and malpractice of constituting a crime can be solved by solving the specific specifications and standards of constituting a crime, further clarifying how a crime is established and what elements need to be met to constitute a crime. ”