How to determine the criminal responsibility of the suspect in the following two cases?

1b Because Ma instigated A to steal a notebook, A also stole the mobile phone, which does not fall within the scope of Ma's instigation.

2a Spider-Man's crime of theft turned into robbery There is no doubt that on the surface, it is impossible to confirm who dropped the flower pot, and it is impossible to clarify the responsibility, but in fact there is a causal relationship, if Spider-Man does not steal, the flower pot will never fall, so he should be held responsible.

Where, after accepting a case, the public security organs, upon review, find that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their own jurisdiction, they are to file the case with the approval of the responsible person at the public security organ at the county level or above. Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.

Legal basis: Article 162 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" Where, after accepting a case, the public security organs, after review, find that there are criminal facts that need to be pursued for criminal responsibility and that they are within their jurisdiction, the receiving unit is to draft a "Report on the Filing of a Criminal Case", and file the case with the approval of the responsible person at the public security organ at the county level or above.

Where it is found that there are no facts of the crime, or that the circumstances of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law.

The receiving unit shall hand out a "Report on Non-filing of the Petition", and upon approval of the responsible person at the public security organ at the county level or above, the case shall not be filed.

Article 163 of the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs" provides that in cases where there is an accuser, and a decision is made not to file the case, the public security organs shall draft a "Notice of Not Filing the Case" and serve it on the accuser within 7 days.

Where the accuser is not satisfied with the decision not to file a case, they may apply for reconsideration to the public security organ that made the original decision within 7 days of receiving the "Notice of Not Filing a Case". The public security organ that made the original decision shall make a decision within 10 days of receiving the application for reconsideration, and notify the accuser in writing.

Article 164 of the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs" provides that in cases where the people's procuratorate requests an explanation of the reasons for not filing a case, it shall draft a "Statement of Reasons for Not Filing a Case" within 7 days, and notify the people's procuratorate after approval by the responsible person of a public security organ at the county level or above.

Where the people's procuratorate finds that the reasons for not filing a case cannot be sustained, the public security organs shall decide to file the case within 15 days after receiving a notice from the people's procuratorate requesting that the case be filed, and send the written decision to file the case to the people's procuratorate.

Legal Analysis: After the public security organs accept a criminal case, if it is determined after review that criminal responsibility is to be pursued and it is within their own jurisdiction, the case may be filed with the approval of the person responsible for the county-level public security organ.

Legal basis: "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs" Article 178: Where, after accepting a case, the public security organs, upon review, find that there are facts of a crime that need to be pursued for criminal responsibility, and that they are under their own jurisdiction and are under their own jurisdiction, they are to file the case with the approval of the responsible person at the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.

Legal Analysis: Where, after accepting a case, the public security organ finds that there are no criminal facts, or that the criminal facts are obviously minor and do not need to be pursued for criminal responsibility, it will not file the case with the approval of the responsible person at the public security organ at the county level or above.

Legal basis: Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs

Article 175:Where, after accepting a case, public security organs find upon review that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their jurisdiction, they are to file the case with the approval of the responsible person at the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.

In cases where there is an accuser, and a decision is made not to file the case, the public security organs shall draft a notice not to file the case and serve it on the accuser within 3 days.

Article 176:Where the accuser is dissatisfied with the decision not to file a case, they may apply for a reconsideration to the public security organ that made the decision within 7 days of receiving the notice of not filing the case; The public security organs shall make a decision within 7 days of receiving the application for reconsideration, and notify the accuser in writing.

Where the accuser is dissatisfied with the reconsideration decision not to file a case, they may apply for a review to the public security organ at the level above within 7 days of receiving the reconsideration decision; The public security organ at the level above shall make a decision within 7 days of receiving the application for review. Where a higher-level public security organ revokes a decision not to file a case, the lower-level public security organ shall enforce it.

Suspect in a case refers to the designation of a person who has been criminally prosecuted for a suspected crime before the procuratorate formally prosecutes him or her in court. The suspect involved in the case is different from the criminal, and according to the principle of presumption of innocence, the suspect involved in the case is innocent unless proven guilty by trial.

A suspect is a person who has done a specific case, specifically pointing to a certain person. Those who play a secondary or auxiliary role in a joint crime are accomplices, and accomplices shall be given a mitigated, commuted punishment, or waived punishment. Where a person is coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of his crime.

A criminal suspect refers to a person who has not yet been prosecuted because he or she is considered to have committed a crime in a public prosecution case. This includes persons who have been reported, accused, or informed, persons who have been investigated by public security organs or people's procuratorates, and persons who have been reviewed and prosecuted by people's procuratorates. Once an indictment is initiated, it is renamed as a "defendant".

The suspect involved in the case and the suspect expressed the same general meaning. The former is widely applicable and can be used in administrative cases or criminal cases, while the latter can only be used in criminal cases.

Criminal suspects, also known as suspects, suspects, and suspects, refer to the designation of a person who has been criminally prosecuted for a suspected crime before the procuratorate formally prosecutes him or her in the court. The suspect is the one who is prosecuting the case and is called the defendant.

[Legal basis].Criminal Procedure Law of the People's Republic of China, Article 34, Paragraphs 1 and 2.

Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organs or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.

When interrogating a criminal suspect for the first time or employing compulsory measures against a criminal suspect, the criminal suspect shall be informed that he or she has the right to retain a defender. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender.

Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.

Circumstances in which criminal suspects are not legally held criminally responsible include:

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. Those who have been exempted from punishment by a special amnesty order;

4. The criminal suspect or defendant is deceased.

Article 16 of the Criminal Procedure Law: The Principle of Non-Prosecution in Accordance with Law 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 a not guilty verdict shall be declared: (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.