Is it a criminal offense? Is it a crime to violate the criminal law?

Updated on society 2024-03-15
4 answers
  1. Anonymous users2024-02-06

    Criminal detention must meet two conditions at the same time: 1. The object of detention is an active offender or a major suspect. An active offender is a person who is committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime.

    2. One of the statutory emergency circumstances. In any of the following circumstances, public security organs may detain an active offender or a major suspect in advance: (1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; (2) The victim or a person who witnessed the scene identified him as having committed the crime; (3) Evidence of a crime is found in their surroundings or residence; (4) Attempting suicide, escaping, or being at large after committing a crime; (5) There is a possibility of destroying or fabricating evidence or colluding confessions; (6) Not telling their true name or address, and their identity is unclear; (7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

    I believe that your father's situation does not meet the two conditions for criminal detention, and that the criminal detention of your father by the public security organs violates the Criminal Procedure Law.

  2. Anonymous users2024-02-05

    You said that your father was detained by the Technical Supervision Bureau for people, cars and goods, I don't know why, if it is because it violated the laws of our country (such as counterfeiting, tax evasion, etc.), then it still meets the two conditions mentioned above. And before the case is transferred to the court, family members are not allowed to visit, you should quickly go to the local public security bureau to understand the situation, if the other party says that it is a crime, then quickly find a lawyer, if it is just a general violation, then pay the fine and you should be fine......

  3. Anonymous users2024-02-04

    Breaking the criminal law is not necessarily a crime. The Criminal Code stipulates that an act is not a crime if it objectively causes damage but is not caused intentionally or negligently, but is caused by irresistible or unforeseeable causes. Article 3 of the Criminal Law: Where the law clearly provides that it is a criminal act, 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.

    Article 15: Whoever should foresee that one's own conduct might have a result that is harmful to society, but because of negligence and did not foresee it, or had foreseen it and credulously believed that it could have been avoided, resulting in such a result, it is a crime of negligence. Only those who commit crimes of negligence shall be criminally liable if the law provides for them.

  4. Anonymous users2024-02-03

    Legal Analysis: Not necessarily, according to the law, a crime can only be constituted if the serious circumstances stipulated in the criminal law are reached.

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 15: 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, or the trial shall be terminated, or acquitted: (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 criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

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