Criminal case problems, solving. A guide to frequently asked questions about criminal cases

In accordance with the provisions of article 264 of the Criminal Law: "Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given: (1) theft of financial institutions, where the amount is especially huge; (2) Theft of precious cultural relics, where the circumstances are serious.

There are several sides to your question:

1. Whether it constitutes a crime. This depends on the value of the "memory stick" you want to steal, because your friend has committed theft many times, so even if the value is low, it may constitute a crime, and because you only have one act, it depends on whether the memory module reaches the value of the "larger" degree, this standard will vary depending on the province and city, generally more than 2,000 yuan to be sentenced; If this amount is not reached, it is not a crime and may only need to be punished by the public security administration.

2. If the standard of a crime has been met, whether you have already started to commit theft at that time, and if so, it is an attempt to commit a crime; If it has not yet started, but only prepared tools and stood by to move, then it is considered to be a preparation for crime. The penalty for an attempt to commit a crime is lighter than for a completed crime, and preparation for a crime is lighter than for an attempted crime.

3. If a crime is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine.

4. The police's approach is definitely illegal.

Attempted theft may not be treated as a crime.

There is no receipt for collecting money, and the police are of course breaking the law and can report it.

Lawyer Zhou Chun.

It is an attempted theft, but the value of the memory module is difficult to judge, and if it meets the standard for filing a case of theft, it should be criminally responsible, otherwise it is the opposite. Fines shall be issued.

1. What should I do if my relatives or friends are suddenly taken away by public security personnel or procuratorial personnel.

If you learn that a loved one has been taken away by a police officer or prosecutor, he or she may be suspected of committing a crime. You should first check with the case handling authority that notified you about the situation. In accordance with the law:

The summons or custodial summons cannot exceed 12 hours. After being taken into custody by the public security organs, the detainee's family or his work unit shall be notified within 24 hours of the reason for the detention and the place of detention, except in cases where there are circumstances that hinder the investigation or there is no way to notify him.

2. How to contact relatives and friends in detention.

In criminal cases, family members of criminal suspects are generally not allowed to meet with them after they have been detained until the court makes a judgment. According to the provisions of the Criminal Procedure Law, a lawyer may meet with or communicate with a criminal suspect or defendant in custody after receiving a retainer.

3. When can a lawyer be appointed at the earliest?

At the same time, in view of the current situation of criminal procedure and judicial practice in China, there are frequent cases of extortion of confessions by torture or other violations of the lawful rights and interests of criminal suspects in the course of investigation, and it is very necessary to hire a lawyer as soon as possible to help criminal suspects protect their legitimate rights. According to the law, after the criminal suspect is interrogated for the first time by the investigating organ or from the date on which compulsory measures are taken, he may hire a lawyer to provide him with legal advice, appeal, or accusation.

4. What role can lawyers play in criminal cases?

The purpose of establishing the role of "lawyer" in the criminal legal rules is to add the legal code of the lawyer to such an imbalance between the state and the individual suspect. During the course of criminal proceedings, lawyers may meet with criminal suspects or defendants, consult and reproduce case file materials, investigate and collect evidence, participate in courtroom investigations and courtroom debates, and submit materials and opinions proving that the criminal suspect or defendant is not guilty, that the crime is minor, or that criminal responsibility is mitigated or exempted, on the basis of facts and law, to preserve the lawful rights and interests of criminal suspects or defendants.

A lawyer's duty is to protect the lawful rights and interests of criminal suspects and defendants. The value of a lawyer is to ensure that the guilty receive a fair trial and that the innocent are not criminally prosecuted, so as to achieve judicial fairness and justice.

Legal Analysis: The People's Procuratorate should make a decision on a case transferred by the public security organ for review and prosecution if it finds that the circumstances are obviously minor and the harm is not great.

Where the people's procuratorate examines a case for prosecution and finds that the facts of the criminal suspect's crime have been clarified, the evidence is credible and sufficient, and criminal responsibility shall be pursued in accordance with law, it shall make a decision to prosecute and initiate a public prosecution in the people's court in accordance with the provisions on the court's trial jurisdiction. Where it is found that the capacity for initiating prosecution is not met, a decision not to prosecute shall be made.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 19: The investigation of criminal cases is to be conducted by the public security organs, except as otherwise provided by law. The people's procuratorate may file a case for investigation if judicial personnel abuse their authority to commit crimes that infringe on citizens' rights or harm judicial fairness, such as illegal detention, extortion of confessions by torture, or illegal searches, discovered by the people's procuratorate in the course of exercising legal supervision of litigation activities.

When it is necessary for the people's procuratorate to directly accept a case of a major crime committed by a staff member of a state organ under the jurisdiction of a public security organ abusing his authority, the people's procuratorate may file and investigate the case upon the decision of the people's procuratorate at or above the provincial level. Private prosecution cases are to be directly accepted by the people's courts.

If it is unlawful, Article 98 of the Criminal Procedure shall inform a witness that he shall truthfully provide evidence and testimony and that he shall bear legal responsibility for intentionally giving false testimony or concealing criminal evidence.

When questioning witnesses under the age of 18, their legal ** person may be notified to appear.

Article 91 of the Criminal Procedure: The interrogation of a criminal suspect must be conducted by investigators of the people's procuratorate or public security organ. During interrogation, there must be no less than two investigators.

Article 95 of the Criminal Procedure: Interrogation records shall be given to the criminal suspect for verification, and shall be read to those who do not have the ability to read. If there are omissions or errors in the record, the criminal suspect may submit a supplement or correction. After the criminal suspect admits that there are no errors in the record, he shall sign or affix a seal.

Investigators shall also sign the record. Where criminal suspects request to write a confession on their own, it shall be permitted. When necessary, investigators may also ask the suspect to write a confession in his own handwriting.

Article 96: After being interrogated for the first time by the investigating organs, or from the date on which compulsory measures are employed, criminal suspects may hire a lawyer to provide them with legal advice, appeals, or accusations. Where a criminal suspect is arrested, the lawyer hired may apply for release on guarantee pending further investigation. In cases involving state secrets, the criminal suspect's hiring of a lawyer shall be upon the approval of the investigating organs.

As long as you have evidence, the administrative procedures of the Public Security Bureau are illegal, and the appeal can be won. It is okay to report what you know to the National People's Congress or the Discipline Inspection Commission and the Procuratorate.

Evidence is about relevance, authenticity, and legitimacy, if the evidence you say plays a major role in the whole case, and other evidence that can be proved is little or even impossible to explain the problem, you might as well try to appeal. May it be good

If you are not satisfied with the conviction in a criminal case, you can choose to file an appeal (against a judgment that has not yet taken effect), apply for a retrial, or apply to the People's Procuratorate for a prosecutorial counter-appeal (against a judgment that has already taken effect).

Code of Criminal Procedure

Article 216:Defendants, private prosecutors, and their legally-designated ** persons who are dissatisfied with the first-instance judgment or ruling of any level of local people's court have the right to appeal to the people's court at the level above in writing or orally. The defendant's defender and close relatives may file an appeal with the defendant's consent.

Article 241:Parties, their legally-designated persons, and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but enforcement of the judgment or ruling cannot be stopped.

On the basis of the Supreme People's Court's interpretation of the application of the "Criminal Procedure Law of the People's Republic of China", where the facts alleged in the prosecution are clear, the evidence is credible and sufficient, and the charges are inconsistent with the charges found at trial, a guilty verdict shall be made in accordance with the charges found at trial, and the people's court shall hear the opinions of both the prosecution and defense before making a judgment, to ensure that the defendant and defender fully exercise their right to defense. When necessary, the prosecution and defense may be organized to debate on what crime the defendant's conduct constituted.