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Both A and B are guilty of intentional wounding (causing death). B is the principal offender and A is an accessory (aider).
The symmetry of the principal offender and the perpetrator. refers to a person who does not directly participate in the commission of a crime in a joint crime, but provides assistance to the perpetrator to facilitate the commission of the crime or to facilitate the completion of the crime. An accomplice to an accomplice, i.e., a criminal who plays an auxiliary role in a joint crime.
This type of criminal act of an accessory is usually manifested in the provision of criminal tools, the indication of criminal targets, the inspection of the location of the crime, the removal of obstacles to the crime, and the prior conspiracy to agree to conceal the criminal after the fact, eliminate the traces of the crime, and conceal stolen goods to help commit the crime. China's criminal law adopts the "principle of reducibility" for its punishment, and there is no need to punish it mutatis mutandis, that is, paragraph 2 of article 27 of the Criminal Law stipulates: "For accomplices, the punishment shall be mitigated, commuted or exempted." ”
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Second; The sentence is Article 234 of Chapter IV of the Criminal Law of the People's Republic of China for violating citizens' personal rights, and if a person causes minor injury, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release; where serious injury is caused, the sentence is between three and ten years imprisonment; Whoever causes serious injury or serious disability or death by especially cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Armor; Article 27 of the Criminal Law: Those who play a secondary or auxiliary role in a joint crime are accomplices. For accomplices, punishment shall be mitigated, commuted, or waived.
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accomplices; The symmetry of the "perpetrator" or the person who propels him to complete the crime. Article 27, paragraph 2, of the Criminal Code stipulates that "an accomplice shall be given a mitigated, mitigated or exempted punishment." ”
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A and B shoot at C at the same time and kill C, but it is not certain whose shot killed him, A and B shall be convicted of attempted intentional homicide, and those who intentionally kill shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
The conduct of A and B can be found to constitute a crime, and the fact that the evidence collected makes it impossible to ascertain who actually shot the gun is a determination of whether the crime has been completed, and no longer belongs to the determination of whether a crime has been constituted.
For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses. Where an attempt is made at the end of the commission and causes harmful consequences, the punishment is 20% lighter than that of the completed offense; where no harmful consequences are caused, the punishment is 40% lighter than that of a completed offense. Where an attempt has not been completed, causing harmful consequences, the punishment is 30% lighter than that of the completed offense; where no harmful consequences are caused, the punishment is 60% lighter than that of the completed offense.
The constitutive elements of the crime of intentional homicide are:
1. The object violated by the crime of intentional homicide is the right to life of others. Life in law refers to a living organism that can breathe independently and can carry out metabolism, which is the premise of human existence;
2. The crime of intentional homicide objectively must involve the act of depriving another person of his life, and both acts and omissions can be constituted; The act of depriving another person of his or her life must be unlawful. Neither the execution of the death penalty nor justifiable self-defense constitutes the crime of intentional homicide. The deprivation of the victim's life with his or her consent also constitutes intentional homicide;
3. The subject of the crime of intentional homicide is a general subject. Where a person who has reached the age of 14 but is not yet 18 years old commits the crime of intentional homicide, the punishment shall be mitigated or commuted;
4. The crime of intentional homicide must subjectively involve the intent to unlawfully deprive another person of his life, including direct intent and indirect intent. That is, knowing that one's actions will cause the harmful consequences of the death of others, and hoping or allowing such consequences to occur.
[Legal basis].
Article 23 of the Criminal Law of the People's Republic of China: [Attempt to Commit a Crime] Where a crime has already been committed, and the crime is not succeeded due to reasons other than the will of the criminal, 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 232: [Intentional Homicide] Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
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Summary. "Threatening others constitutes the crime of picking quarrels and provoking trouble, and is generally sentenced to up to five years imprisonment, short-term detention or controlled release, and where others are gathered to repeatedly carry out acts that threaten others, seriously disrupting social order, a sentence of between five and ten years imprisonment is to be given, and a fine may be given.
A and B fight, C persuades B, C touches B with his finger in the process of persuasion, B says C hit him, B calls the police, does C have civil liability?
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Dear, I have received your question, and the people who are currently consulting are more Doha, please wait for 2 minutes.
No, you don't. What to do with this.
Where the circumstances of the fight are relatively minor and do not constitute a crime, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB in accordance with the Public Security Administration Punishment Law. Where the circumstances are serious and constitute the crime of assembling a crowd to fight, the ringleaders and others who actively participate are to be sentenced to up to three years imprisonment, short-term detention, or controlled release.
Dear, do you still have questions?
What should I do if B sends a threatening voice to C.
"Threatening others constitutes the crime of picking quarrels and provoking trouble, and is generally sentenced to up to five years imprisonment, short-term detention or controlled release, and where others are gathered to repeatedly carry out acts that threaten others, seriously disrupting social order, a sentence of between five and ten years imprisonment is to be given, and a fine may be given.
Dear, do you still have questions?
Without. It's okay, I hope I'm helpful to you. Have a great day!
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A was injured by B when he robbed B, and then A hired C to injure B. What crimes did the three of them commit?
Hello dear. A was injured by B when he robbed B, and then A hired C to injure B, and A committed robbery and intentional injury; C is guilty of intentionally injuring with knowledge; B is not guilty of dismantling. C injures B at the direction of A, which constitutes the offence of intentional injury.
B is not guilty because he injured A in legitimate self-defense, and in order to protect his legitimate rights and interests, the act does not constitute a crime. As far as I know, when committing an act of robbery, where another person is injured, it may constitute intentional injury or intentional homicide based on the subjective will, the consequences caused, and so forth, and where the robbery causes serious injury or death, a sentence of not less than 10 years imprisonment, life imprisonment, or the death penalty may be given, and a fine or confiscation of property may be given. In the course of robbery, the use of violence or other methods directly causes serious injury or death to the victim, which is characterized by:
1. Objectively, there was a result of serious injury or death of the victim; 2. There is a causal relationship between the two as a result of such serious injury or death as a result of robbery, violence, or other means; 3. The perpetrator is subjectively guilty of the occurrence of such a serious result, which is generally negligence, but it can also be indirect intentional or even direct intentional homicide. Where the perpetrator's robbery causes the victim to commit suicide, it should not be viewed as "robbery causing death".
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Summary. Hello dear! <>
B can be used as a witness Hello, B can be used as evidence as a witness. However, B's testimony may be challenged because he did not directly witness the fight between A and C. If B can provide other evidence to support his testimony, such as hearing the sound of a fight or seeing the moment when A hits C, then his testimony will be more convincing.
In addition, it is necessary to consider whether B may be biased or have other interests, which will also affect the credibility of his testimony. If B has an affair or other relationship with A or C, then his testimony may be considered unreliable. Finally, it is important to note that B, as a witness, needs to testify in court, which may cause him some influence and pressure.
Therefore, if he is unwilling to testify or fears for his safety, he can choose not to testify or provide written evidence to **. In short, B can be used as evidence as a witness, but his testimony needs to be carefully evaluated and considered.
A and have fought, C has been injured by A, can B be a witness?
Hello dear! <>
B can be used as a witness Hello, B can be used as evidence as a witness. However, B's testimony may be questioned because he did not directly witness the fight between A and C. His testimony would be more convincing if B could provide other evidence to support his testimony, such as when he heard a fight or saw the moment when A hit C.
In addition, it is necessary to consider whether B may be biased or have other interests, which will also affect the credibility of his testimony. If B has an affair or other relationship with A or C, then his testimony may be considered unreliable. Finally, it is important to note that B, as a witness, needs to testify in court, which may cause him some influence and pressure.
Therefore, if he is unwilling to testify or fears for his safety, he can choose not to testify or provide documentary evidence to the police officer. In short, B can be used as evidence as a witness, but his testimony needs to be carefully evaluated and considered.
Can C's relatives testify for C, and the relatives are also in the rack.
Hello dear! <>
It is possible to fight and injure cases, and relatives can serve as witnesses. When handling a case, the public security organs should investigate and collect evidence from witnesses or insiders who know the circumstances of the case, conduct questioning, and make a record of the questioning. In some cases, only relatives were present at the time of the crime, and of course the relatives could be used as witnesses.
When public security organs question witnesses, they will inform them of their rights and obligations. Regardless of the relationship with the parties to the case, citizens should be truthful and prudent when testifying, and should not give false testimony.
Can C's relatives also participate in the rack as a witness?
Hello dear, yes, a relative can be a witness.
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Hello, according to Article 156 of the General Principles of the Civil Law of the People's Republic of China, B shall be responsible for C's collision injury A. Because B is fighting on the street, this behavior has constituted dangerous behavior, and B should be held liable for the damage that may have occurred. B shall be liable for compensation for the losses suffered by A as a result of C's collision, including economic losses and moral losses.
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Hello, according to our law, if A and B are fighting on the street, and C hits and injures A, whether B is responsible or not, then B is responsible. Because B participated in the fight, although B did not directly injure A, B's actions caused C to hit and injure A, so B is liable to compensate A for his losses.
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It doesn't have to be responsible. According to Article 95 of the General Principles of the Civil Law of the People's Republic of China, "a person who injures another person shall bear civil liability."
Therefore, C should be held liable. However, if A and B are fighting on the street, the illegal acts they commit may change the allocation of responsibility, so that A and B are also liable.
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Hello, according to the provisions of the General Principles of the Civil Law, B shall be liable for negligence damages. According to Article 166 of the General Principles of the Civil Law, "the party at fault shall be liable for damages", and B shall be liable for negligence damages. Because B fights with A on the street, causing C to collide and injure A, B should be liable for negligence damages.
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Hello, according to Article 180 of the General Principles of the Civil Law of the People's Republic of China, A and B are fighting on the street, and C injures A, and C shall bear the corresponding responsibility. According to Article 181 of the General Principles of the Civil Law of the People's Republic of China, the conduct between A and B does not affect C's liability. Therefore, C should bear the corresponding liability and at least compensate A for his losses, and the specific amount depends on the actual situation.
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According to the laws of our country, B should be responsible for A's injury. Because B is the direct cause of A's injury, B should be liable, such as compensating A's economic losses, compensating A's injuries, etc. In addition, B should be responsible for A's losses, such as A's medical expenses, A's nursing expenses, etc.
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According to the relevant provisions of the General Principles of the Civil Law of the People's Republic of China, if C hits and injures A, it is caused by A and B fighting on the street, then B is responsible for this.
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Best: Therefore, it is A's fault, and A should bear full responsibility for the consequences of pushing B to cause C's injury, and B is not at fault and is not liable.
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Only when there has been a prevarication between C and B that B should be liable for the damage caused by A. Therefore, if there is no connection between C and B, B is not liable.
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If so, C should be held responsible for his own actions, and A should be compensated and bear the legal liability caused by himself.
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Summary. A fights broke out between A, B and C after drinking, A was the injured person, the injury was assessed as a minor injury, and B was the one who beat the person and should bear administrative liability and civil liability for compensation. C is the one who persuades, and C is not responsible.
Article 43 of the Law on Public Security Administration Punishments stipulates: Anyone who assaults another person or intentionally injures another person's body shall be sentenced to not less than 5 days but not more than 10 days.
A beats B, and after being pulled away, C beats B again, and B is found to be slightly injured, but it is not known whether it is A or C.
Can you add, I don't quite understand it.
A fights broke out between A, B and C after drinking, A was the injured person, the injury was assessed as a minor injury, and B was the one who beat the person and should bear administrative liability and civil liability for compensation. C is the one who persuades, and C is not responsible. Article 43 of the "Zhiming Eggplant Safety Management and Punishment Law" stipulates:
Anyone who assaults another person, or intentionally injures another person's body, shall be sentenced to not less than 5 days but not more than 10 days, and the above shall be mine.
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