Asking for help for a criminal law problem, a master asking for help A criminal law problem, I have

Updated on society 2024-04-12
11 answers
  1. Anonymous users2024-02-07

    Both A and B were guilty of manslaughter.

    Subjectively, both of them are just trying to trick C, not to kill C, but they are overconfident that their poisoning will not kill C, which is a fault of overconfidence.

    Moreover, from the objective aspect of the crime, there is a causal relationship between the acts of A and B, and the acts of the two are overlapping causal relationships, and the acts of the two together lead to the death of C.

    Therefore, even if A and B are manslaughter, after all, the harmful result has already occurred! Therefore, both A and B should be criminally responsible for C's death.

  2. Anonymous users2024-02-06

    According to the principle of subjective and objective imputation, first of all, the two must be responsible for the outcome of the death.

    Both A and B subjectively had the intent to injure and did not have the intent to kill, but objectively the result of death occurred, but the result of death was not caused by the separate acts of A and B, and the acts of poisoning of A and B formed a common causal force on the death of C (but this act in this case did not constitute a joint crime).

    To sum up, I personally believe that it is more appropriate for both A and B to be convicted of the crime of intentional injury (causing death), and the result of death is a (aggravating punishment) sentencing circumstance.

  3. Anonymous users2024-02-05

    Neither A nor B is liable, and the guardians of A and B are responsible for C's death and should be held civilly liable. Because obviously, both A and B are psychopathic.

  4. Anonymous users2024-02-04

    Both were convicted of intentional homicide. Complete. Because there is an expression of intent to kill. Because the means are not asked, because the damage has actually occurred.

  5. Anonymous users2024-02-03

    Where two or more persons commit crimes of joint negligence, they are not to be punished as joint crimes, but shall bear criminal responsibility, and are to be punished separately in accordance with the crimes they committed.

  6. Anonymous users2024-02-02

    It is my understanding that both of them are guilty of negligence causing death!

  7. Anonymous users2024-02-01

    He was 14 years of age at the time of the murder and should be held criminally responsible.

  8. Anonymous users2024-01-31

    A is guilty of causing a traffic accident. And it is a fugitive causing death.

    Because, in this car accident, and regardless of whether the pedestrian is at fault or not, as long as the motor vehicle hit-and-run. According to the relevant legal provisions, the escape is fully responsible.

    In addition, whether a crime was constituted, in this case one person died. The criminal standard was met.

    If it is directly hit and killed, then it is only a general sentencing circumstance. However, in this case, the person did not die when he escaped, but died because the victim was denied assistance because of the escape. It therefore constitutes a statutory aggravating circumstance of escape causing death.

  9. Anonymous users2024-01-30

    Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

    Article 2 Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of causing a traffic accident:

    1) Driving a motor vehicle after drinking or taking drugs;

    2) Driving a motor vehicle without driving qualifications;

    3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

    4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

    5) Driving with serious overload;

    6) Fleeing the scene of an accident in order to evade legal prosecution.

    Article 133 of the Criminal Law [Crime of Causing Traffic Accidents] Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

    A was found guilty of a traffic accident because he fled and caused death after a traffic accident.

  10. Anonymous users2024-01-29

    The Regulations for the Implementation of the Road Traffic Safety Law stipulate that if a person escapes after a traffic accident, he or she shall be fully responsible. However, if there is evidence to prove that the other party is at fault, the responsibility of the party may be reduced.

    Therefore, in this case, although the victim suddenly rushed out, because A escaped, he should bear the main responsibility.

    According to article 133 of the Criminal Code, a person who violates the regulations governing traffic and transportation and causes death by escaping is sentenced to fixed-term imprisonment of not less than seven years.

  11. Anonymous users2024-01-28

    Traffic offences. Moreover, it caused death, and the circumstances were more serious.

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