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The act of stealing the manhole cover not only violates the rights of public and private property, but also objectively endangers the life and property safety of an unspecified number of people, which not only meets the criminal composition of the crime of theft, but also constitutes the crime of endangering public safety by dangerous means, so your brother's behavior violates both crimes.
The starting point for the crime of theft (theft of 500-2,000 yuan), but at the same time endangers public safety, constituting the crime of theft and the crime of endangering public safety by dangerous means.
In principle, his age is subject to the certificate of household registration.
To restore the actual age, you must have other relevant certificates, such as a birth certificate from the hospital, etc., and then go to the police station to change it.
If the actual age cannot be restored, the final record on the household register will prevail. Punishment is given as an adult.
If the actual age can be restored, (under the age of 18) the punishment shall be mitigated or commuted.
Therefore, the age of your brother will be very important and critical in this case, which will affect his sentencing and will be qualitatively different. Chengdu Suiyuan
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He was guilty of endangering public safety.
You only need to be over 16 years old to be established.
But if there are no serious consequences.
It won't be serious.
You have to teach well.
There are many outlets for young people.
Good luck.
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It's not good for your brother to steal the manhole cover.
This may be the crime of sabotage of transportation facilities.
If the sentence will be based on the age on his household registration.
This crime is more serious.
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With the identity card as the basic legal age, the sentence is to be based on the penalty of theft or destruction of public property, and the sentence is more or less the value of theft or endangerment.
To restore the identity age, it is necessary to provide the exact factory basis and be recognized by the court to be effective.
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1. Theft is a crime of amount, that is, it must reach a certain amount to constitute a crime, and it is generally a starting point of 1,000 yuan.
2. If there is no other evidence to prove that your brother is under 18, it will generally be based on the date of birth on the ID card.
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The age of criminal responsibility is 16 years.
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1 If a parent is alive, it is a parent;
2 has a spouse and is a spouse; If there is no spouse, it can be a guardianship parent, siblings, neighborhood committee, village committee, personal unit, etc.;
3. Support parents and raise siblings who are unable to work and have no livelihood;
4 I don't understand the meaning of leaving home, does it mean not living with my parents? If so, they should be responsible for their parents. The obligations after marriage remain unchanged;
5 The obligations are the same as above, not different because he is an only child;
6. Not the heir to the family property, there is no such statement in law; If he has no grandparents and maternal grandparents, he is the sole legal first-order heir to his parents;
7. Parents have the obligation to support their minor children, and they have the obligation to support adult children who are neither able to work nor have a living. If the person is unmarried, but has reached adulthood, and has the ability to work or live**, the parents do not have any responsibilities and obligations.
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The legal ownership of the vehicle is obtained through litigation, and the remaining part of the debt can be enforced by the court.
First of all, you must find your friends, otherwise the court will not file a case against you.
Secondly, you can ask your friend to return the expenses incurred to you later, and as for the car, you can continue to use it.
The transfer of ownership of the car cannot be compulsory, and both parties need to work together.
The key to dealing with this kind of thing is to find someone who can negotiate or litigate.
1. Is there an IOU? If there is an IOU, there is evidence, and you can sue the court. It doesn't matter if the other person is not there, the court can summon him, and if he does not appear in court after a certain period of time, he may be sentenced in absentia.
Once you have the judgment, you can apply to the Executive Directorate for enforcement. In the absence of an IOU, two disinterested persons are required to testify.
2. If you can't find anyone, and there is no property to enforce, it will be more troublesome to execute. Good thing his car is with you. According to his meaning, his car was sold to you for 30,000 yuan, a verbal agreement was made, and the subject matter was delivered.
According to the property law, the transfer of a car is not valid for registration, but against a bona fide third party. So he actually owes you 20,000.
Article 24 of the Property Law The creation, alteration, transfer and extinction of real rights in ships, aircraft and motor vehicles shall not be used against bona fide third parties without registration.
The car is already yours, and you are responsible for paying for insurance and annual inspections. I'm not sure about this, I'm skeptical.
5. It should be possible to transfer ownership, and you can call ** to ask the administrative department for vehicle transfer.
6. At this time, go to the transfer after getting the judgment.
According to the regulations of Beijing, one of the bases for the transfer of ownership of a motor vehicle is that the people's court mediates, adjudicates or adjures up a judgment to transfer the motor vehicle, and its source certificate is the effective "Mediation Statement", "Ruling" or "Judgment" issued by the people's court and the corresponding "Notice of Assistance in Enforcement".
Filing a lawsuit with the court, service of notice, default judgment.
The property of the car seat defendant can be enforced, auctioned or discounted, but it cannot be directly forced to be transferred to you.
Oh, I haven't learned this yet. The car is a quasi-immovable property, and China adopts the doctrine of registration confrontation, and if it is not registered, although the contract is valid, it cannot be used against a third party.
I'm just a law student.
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I. Conditions for Commutation of Sentence:
1. Admit guilt and submit to the law.
2. Comply with supervision regulations.
3. Actively participate in labor.
4. Get an education.
2. Admitting guilt and obeying the law is mainly reflected in respecting the court's judgment rather than having to recognize the court's decision. For example, an innocent person was sentenced by the court and sent to prison for reform
1. You must first accept the fact that you are in prison to serve your sentence, and you cannot refuse to enter prison because you are not guilty.
2. In prison, you must abide by prison rules, participate in labor, and receive education. You cannot resist the normal administration of the prison just because you are not guilty.
3. During the period of imprisonment, you should actively explain to the relevant departments that you are not guilty or that the crime is minor, that is, appeal. There are 2 chances to make a valid appeal and it is valid for 2 years after the judgement. Of course, if 2 appeals do not solve the problem, you can choose to continue the appeal.
However, the daily prison management regulations must not be violated in the course of appeals.
In a word, "execute first, and then explain the situation", this also meets the conditions for "admitting guilt and obeying the law".
3. Reward points are the product of the quality of prison quantitative reform. In practice, many provinces have made such provisions, although there are exceptions, but they are a condition that must be met for ordinary prisoners. In addition, according to the provisions of the Penal Code, the prescribed time interval must be met, and the first commutation of the original sentence of more than 10 years must be filed after two years of imprisonment.
4. A person who has been wrongfully convicted of not guilty may also receive a commutation in accordance with the law, and the person's recognition of the commutation is not equivalent to recognition of the original conviction and the length of the sentence, but only as proof of respect for the law and compliance with prison regulations.
Fifth, there is no more. If you still have questions, you can send a message to contact us.
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Hello! According to Articles 9 and 43 of the "Public Security Administration Punishment Law", the act of beating an 89-year-old man by a drunk is a serious act, and the police station shall detain the drunk for not less than 10 days but not more than 15 days, and impose a fine of not less than 500 yuan but not more than 1,000 yuan. According to Article 33 of the Minor Injury Standard, a rib fracture is considered a "minor injury" and should be held criminally responsible.
Such illegal acts have been suspected of crimes, and the police station shall transfer them to the competent authorities for investigation of criminal responsibility in accordance with law.
In order to solve the problem of medical expenses of the elderly in a timely manner, if the other party delays the payment of medical expenses, it is recommended that the family members or relatives of the elderly file a civil lawsuit, and submit an application for prior enforcement in the civil lawsuit, so as to solve the urgent need for medical expenses as soon as possible.
Attached is the relevant provisions of the [Public Security Administration Punishment Law] Article 97 of the [Civil Procedure Law].
Public Security Administration Punishment Law] Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
Public Security Administration Punishment Law] Article 43: Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
Civil Procedure Law] Article 97: People's courts may, on the basis of the parties' applications, rule to enforce the following cases in advance:
1) Recourse for alimony, alimony, child support, pension, or medical expenses;
2) Recourse to labor compensation;
3) Where it is necessary to enforce it in advance due to the urgency of the situation.
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If the drunk is not a person with no capacity for civil conduct, he should be held liable himself, that is, he should be liable for compensation.
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It is possible to apply for compulsory enforcement.
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Where the appraisal constitutes a minor injury, criminal responsibility shall be pursued in accordance with law, and a civil lawsuit attached to the criminal case may be filed for medical expenses.
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