Ask for two questions about the termination of crime

1. Criminal preparation.

2. Suspension of the crime.

Both are still in the preparatory stage and have not yet begun to carry out the acts in the constitutive elements of the crime of intentional homicide, so there are only two forms: preparation and suspension, so there are only two forms: preparation and suspension. According to the subjective will of the actor, 1 is a cause other than the will, so it is preparation. 2 is an automatic renunciation of the crime, so it is suspended.

If we don't distinguish the stages and look directly at the subjective will, we will misjudge 1 as an attempt.

What's there to bother with this? You look at the fact that in addition to the Martian bandits, 1 is an attempt, is there a stage to distinguish the crime? Let's take a look at the unfinished form of crime in the textbook, what is the difference between criminal preparation and criminal attempt?

Question 1, bPreparation for crime.

Question 2, c. Suspension of the crime.

The first question is certainly the preparation for the crime, and the condition for the attempt to commit a crime is that the crime that has already been committed has not been succeeded for reasons other than the will. The first question, A, is in preparation for committing a crime and has not yet begun to carry it out. The implementation must be counted when the knife is wielded.

If the preparatory stage of the crime is not carried out for reasons other than volition, it can only be regarded as a preparation for the crime.

The second question, the suspension of the crime, because it is subjectively given up, effectively prevents the occurrence of the crime.

Suspension of a crime can also refer to the fact that everything is ready for the crime but no action is taken, (or it can be said that it is already being carried out but stopped for some reason).

So it depends on how the police characterize, (in fact, a b c is okay) but do you just have to choose one by one, if that's the case, in terms of his actions, he may end up being characterized as a crime suspension (c) If you don't say that you only need one answer, it's all three, a b c

The following question is the same as what I said above, but you have to look at this sentence (I have done it accurately, but I gave up because I felt a little guilty) This can also be determined by a, b c, if this is the case, according to his actions, the final characterization may be (a) In the end, if he doesn't say that there is only one answer, then ab c is okay.

The suspension of the crime is subjectively self-abandoned, and the reason can be the fear of being punished in the future, or the feeling of guilt, etc., anyway, as long as it is from the heart of the perpetrator, he decides to give up, no matter what the reason. are all terminations.

B c reason, the first question, B is afraid to return home, because he wants to do it but can't do it. Unsuccessful.

In the second question, B is guilty and returns home, can do it but does not want to do it. Discontinue.

Attempt, preparation, abort, or something I think you should know, so I won't copy and paste it here

Professor Ruan Qilin of China University of Political Science and Law has spoken! Suspension of crime refers to the subjective abandonment of the crime and the cessation of the crime in the course of the crime. Attempted crime means that the offender renounces the commission of the crime in the process of committing the crime due to objective reasons or reasons for which the objective conditions are insufficient (refers to the fact that the crime has already been committed, and the reason is other than the will of the offender, such as:

See patrol car) so the first question (attempt) and the second question (abort).

Legal Analysis: Legal Knowledge Related to Crime Suspension: In the course of committing a crime, it is a crime suspension that automatically abandons the crime or automatically and effectively prevents the occurrence of the criminal outcome. Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted.

Legal basis: Criminal Law of the People's Republic of China

Article 23: Where a crime has already been committed, but the crime is not carried out due to reasons other than the criminal's will, it is an attempt to commit a crime.

For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.

Article 24: In the course of committing a crime, the crime is suspended if the crime is voluntarily abandoned or the outcome of the crime is automatically and effectively prevented. Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted.

Legal Analysis: In the course of committing a crime, the crime is suspended if the crime is automatically abandoned or the result of the crime is automatically and effectively prevented. There are two types of criminal suspensions:

The first is to voluntarily abandon the crime during the preparatory stage of the crime or before the commission of the act has been completed; Second, in the case that the implementation of the act is completely infiltrated, the lead sail automatically and effectively prevents the occurrence of criminal results.

Legal basis: "Criminal Law of the People's Republic of China" Article 24: In the course of committing a crime, the crime is suspended if the crime is voluntarily abandoned or the outcome of the crime is automatically and effectively prevented.

For suspended offenders, where no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted.

"Suspension of crime" refers to the conduct of criminals who, in the course of committing a crime, voluntarily abandons the crime or automatically and effectively prevents the outcome of the crime.

There are two types of criminal suspension: "automatic abandonment of crime" and "automatic and effective prevention of the occurrence of criminal consequences".

1. Voluntary abandonment of crime during the preparatory stage of the crime or before the completion of the conduct has been committed: refers to the act of the criminal giving up the crime out of his or her own false will in the course of committing the crime, and the so-called "out of his own will" refers to the criminal's voluntary abandonment of the crime out of subjective factors of his own understanding, rather than external factors of non-subjective factors. For example, if a person intends to kill someone, in the process of committing the crime, he gives up the criminal act of killing for his own reasons, and the purpose of the criminal act of killing is not achieved, and the reason for not achieving the goal is not caused by external factors, but before the criminal purpose of killing is fully achieved, it is automatically suspended for subjective reasons, preventing the occurrence of the criminal result.

II. Automatically and effectively preventing the occurrence of criminal consequences when the conduct is carried out: refers to the fact that the criminal, in the course of committing the criminal act, ends the criminal conduct for his own reasons, and at the same time actively acts and effectively prevents the occurrence of the criminal outcome. If a person intends to kill someone and stabs the victim in the back, causing serious injuries to the victim and losing the ability to resist, then he is fully qualified to stab the victim once or twice ......, until the victim died, but after he stabbed him violently, due to his own reasons, he still dropped the murderous knife, carried the victim and went straight to the hospital, due to the timely rescue of the victim out of danger and **, the criminal automatically gave up the purpose of killing the victim when he was conditionally killed, and actively rescued the victim, effectively stopping the occurrence of the criminal result.

However, in the case of a joint crime, if some of the joint offenders want to establish a suspension of the crime, they must not only voluntarily abandon the crime, but must also effectively prevent the occurrence of the outcome of the crime, otherwise the suspension will not be established. The Criminal Law determines that criminal responsibility should be borne for criminal suspects whose crimes have been suspended, and where criminal suspects who have taken the suspension of criminal rotation for their own reasons have not caused harmful results, the Criminal Law is exempt from punishment, and the consequences are caused and the consequences are actively rescued, effectively avoiding the occurrence of criminal outcomes. The Penal Code provides for mitigating punishments.

Criminal responsibility. For suspended offenders, where no harm has been caused, punishment shall be waived; where harm is caused, punishment shall be commuted.

Answer]: a, b

This question examines the suspension of the crime. In item a, in the course of committing the homicide, A renounces the crime because of "fear that he will be sentenced to death after the killing" when he can continue to commit the murder. Since the perpetrator was worried about the possible punishment "in the future", and there was still room for choice to continue the punishment at that time, A's abandonment of the crime was automatic, and the crime of intentional homicide was suspended.

Therefore, item A is correct.

In item B, in the process of robbery, A can objectively continue to rob, and subjectively recognizes this, but because "I saw the living room TV being a documentary of the trial, and realized that the crime should be punished", so he gave up the crime. Here, the perpetrator was also worried about the possible punishment "in the future" and gave up his carelessness, and at that time there was room to choose to continue the crime, so A was found guilty of robbery and suspended. Therefore, item B is true.

Item C, whether it is a large amount of cash or jewelry, is property and belongs to the legal object (property) of the crime of theft, and based on the statutory compliance theory, the perpetrator's conduct fully meets the statutory constitutive elements of the crime of theft, and his act should be established as the crime of theft. Therefore, item c is incorrect.

(d) When the perpetrator takes measures to prevent the occurrence of the result after the criminal act has been committed, but the result still occurs due to the intervening factor: (1) If the measure taken is sufficient to prevent the occurrence of the harmful outcome, the suspension is still established even if the intervening factor severes the causal relationship between the original act and the harmful outcome. If the act of the perpetrator to prevent the outcome from occurring constitutes a crime in itself, the new crime is punished independently.

2) If the intervening elements do not isolate the causal relationship, or the original measures themselves are not sufficient to prevent the occurrence of harmful results, the suspension is not established and is still completed. A has completed the criminal act and taken measures to prevent the result from happening before the result of the consequence has occurred, and the result of death still occurs due to the delay in the treatment time due to the traffic accident. The occurrence of the traffic accident here is indeed an intervening factor, but B is not completely due to the traffic accident (such as being hit and killed), but the superposition of the two factors of the previous poisoning and the subsequent delay**, which belongs to the category of multi-cause and one-effect relationship.

The causal relationship between the result of B's death and the perpetrator's act of poisoning still exists, and the perpetrator A has been convicted of intentional homicide. If B is killed in a traffic accident, then the death result can be independently attributed to the traffic accident, severing the criminal law causal link with the poisoning act, then A is guilty of intentional homicide suspension and traffic accident (possibly). Therefore, item D is incorrect.

Answers]: a, b, round c, d

The first paragraph of Article 24 of the Criminal Law of the People's Republic of China stipulates that "in the course of committing a crime, if Bai Dong renounces committing the crime of committing money or automatically and effectively prevents the occurrence of the crime, the crime is suspended." In this question, items a, b, c, and d are all constitutive elements of the suspension of the crime. Therefore, ABCD is selected for this topic.

1. It will happen after the implementation is completed.

2. Although the suspension of a crime refers to the act of a criminal voluntarily abandoning the crime or automatically and effectively preventing the occurrence of the criminal result in the process of committing the crime. However, there may also be cases where the criminal act is suspended after the commission of the crime.

3. For example, A and B are husband and wife, A wants to poison B, and after seeing B drink poison, the pain does not stop, A can't bear it, and a traffic accident occurs in the process of being sent to the hospital, and B dies in the traffic accident, A's behavior constitutes the crime of intentional homicide, and the form of the crime is the suspension stage.

4. When B drank poison, A's homicide had already been carried out, but B eventually died in a traffic accident, and A had an act of suspending, and it was not possible to determine whether B would have been poisoned to death in the absence of a traffic accident, so it should be found that the crime was suspended.

The suspension of the offence may occur after the end of the offence, which should be against the resulting offender. For example, in the case of intentional homicide, acts.

The person has set out to commit the murder, but sees that the victim is not dead.

Sending the victim to the hospital for rescue is an active prevention of the outcome of the crime after the crime is completed, and constitutes the suspension of the crime.

Of course not. Suspension can only occur at the stage of preparing for the crime and carrying out the crime, and if it has been carried out and all the elements constituting the crime have been met, it is impossible to establish a suspension, and it can only be an act of reducing losses after the fact. However, in practice, the sentence will also be commuted as appropriate.

Yes, the suspension of the offence includes both the suspension of the execution of the termination and the suspension of the non-execution.

The suspension at the end of the implementation means that the perpetrator has completed the criminal act, but the occurrence of the crime requires a process, and in the process the perpetrator has carried out the act that effectively avoids the occurrence of harmful results.

For example, A poisons B, and after B is poisoned, A regrets sending him to the hospital for rescue, and B is rescued.

No, the suspension of the crime is only when the criminal plan is stopped for any reason or when the criminal plan is suddenly stopped during the commission of the crime; When the execution is completed, the crime is successful; Only by surrendering can you get a light sentence!

Your question is equivalent to the fact that murder is a crime, but the person who has been killed ends the crime of homicide.

Taking into account the specific circumstances of the case, it is not possible to generalize.