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In fact, this mainly depends on who the person who committed the crime is! In ancient China, the hierarchical system was particularly strict, which is not at all the same as today's legal society. In today's society governed by the rule of law, everyone is equal, and whoever commits a crime will be punished by the law.
But in the past, it was different, in the past, even if the rich or dignitaries committed a big crime, they could settle it with their fists or money, but ordinary people were different.
For example, if a rich man sues a poor man to the yamen, then no matter how small the poor man's mistake is, as long as the rich man gives the government money. Then the poor man, even if he commits a small crime, may be punished very greatly.
So the ancient hierarchy is really a system that can eat people. If the ordinary poor people offend someone, the person who is offended has a little power. Then this poor people will suffer a great sin.
There have also been cases where an ordinary person went to a rich man's house to steal. In fact, he didn't steal anything, and the stolen goods were confiscated. But the owner who was stolen to someone's house died that day for unknown reasons.
So this ordinary person who burgled and burglarized was sentenced to a heavy sentence, in fact, this is also to catch up with the inch, it is very likely that the owner of the burglary himself has some disease, and it happens to be sick on the same day, so this matter will be relied on by the person who robbed the house.
Also, everyone knows that ancient people were able to have three wives and four concubines, but this is also strictly regulated by the hierarchy. If you are an ordinary person and have three wives and four concubines, then you are also guilty of a felony.
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I think there are many criminal cases of "telecommunications network fraud" that fit the topic.
Although "telecommunications network fraud" is not a crime that is omitted, it is also a criminal model in which sentencing often exceeds the imagination of criminal suspects, and it is a hidden "felony".。Specifically, most of the acts of "telecommunication network fraud" are suspected of fraud, but unlike the crime of general return banquet and communication fraud, the punishment for "telecommunication network fraud" is heavier in legislation and judicial practice, which is mainly reflected in the following aspects:
1.The standards for filing a case for prosecution and sentencing are lower。The standard for filing a case for ordinary fraud ranges from 3,000 to 10,000 yuan, and different regions decide within this range according to different circumstances, while "telecommunications network fraud" is a uniform standard applied nationwide - the amount of fraud of 3,000 yuan can be criminalized.
In addition, the standard for "huge amounts" of ordinary fraud fraud is 30,000 to 100,000 yuan, and different standards are applicable in different regions, and in Guangdong first-class areas, it is 100,000 yuan to start with "huge amounts", and the sentence for "huge amounts" of fraud is three to ten years, and the standard for "huge amounts" of telecommunications network fraud is uniformly 30,000 yuan, which is very easy to achieve. For example, the current prevalent fictitious **, foreign exchange wealth management platform fraud cases, are generally characterized as "telecommunications network fraud", a "salesman" involved in the case, as long as Xiang Sou deceived a customer, the amount of fraud can easily reach the standard of 30,000, if no other circumstances are obtained, this business is likely to face three to ten years in prison.
2.It is an aggravating circumstance。Both the judicial interpretation of the crime of fraud and the judicial interpretation of "telecommunication network fraud" clearly stipulates that "telecommunication network fraud" is a circumstance for heavier punishment as appropriate.
What does that mean? That is, the judge has the discretion within the statutory sentencing range when sentencing, and in the case of "telecommunications network fraud", the judge needs to impose a heavier sentence when exercising this discretion.
3.It is not easy to give a reprieve。"The scope of the application of suspended sentences shall be strictly controlled for defendants who commit the crime of telecommunications network fraud, and the conditions for applying suspended sentences shall be strictly grasped" is a clear provision of the relevant judicial interpretations on telecommunications network fraud, and compared with ordinary fraud, "the perpetrators of telecommunications network fraud are more likely to face the adjudication results of substantive punishments."
The above is enough to see that although telecommunication network fraud is not a specific crime, it is a hidden felony, involving this crime, and it is easy to be sentenced heavily.
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For example, the crime of forcible rape, the crime of embezzlement of public resources, or the crime of fraud, and the crime of extortion and rude deeds, and the abduction of the state, I think it is actually very small, but the sentence is generally more than 10 years.
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Legal Analysis: The lightest is the acquittal, followed by the acquittal. If the victim is not satisfied with the verdict, he or she may report it to the procuratorate and request that the procuratorate raise a protest.
However, it is impossible to directly ask the court to sentence the defendant to actual punishment without considering the facts of the case. The verdict is considered by the court based on circumstances such as the crime committed by the defendant. Public prosecution cases, also known as criminal prosecution cases, refer to cases in which procuratorial organs at all levels initiate litigation on behalf of the state to pursue the criminal responsibility of the defendant in accordance with the relevant provisions of the law.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 2 The tasks of the Criminal Procedure Law of the People's Republic of China are to ensure that the facts of crimes are accurately and promptly ascertained, the law is correctly applied, criminals are punished, innocent persons are not criminally prosecuted, citizens are educated to consciously abide by the law, actively struggle against criminal acts, the socialist legal system is upheld, human rights are respected and protected, citizens' personal rights, property rights, democratic rights and other rights are protected, and the smooth progress of the cause of socialist construction is guaranteed.
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The real example of the three young people in the small town, using the "peach-colored trap", thought that it was a small fight, and the harm was not great, and they made a total profit of more than 5,000 yuan, and they also thought that they were doing the right thing for heaven, and the three of them were sentenced to more than 10 years. The three of them thought it was a trivial matter, and they would be closed for two or three years at most. In fact, the final verdict greatly surprised the three of them:
The three were sentenced to heavy sentences of more than 10 years for repeated acts of extortion, intentional injury, robbery, etc. The sky net is magnificent, negligent but not leaky, you must know the law, abide by the law and understand the law, and don't challenge the bottom line of the law because of a momentary impulse, otherwise you will be severely punished by the law.
In criminal law theory, there is a crime that is constituted in the form of an omission. The so-called "omission" refers to a situation in which the actor is obliged to carry out and can carry out a certain positive act but does not do it, that is, a situation in which he should have done and could have done it, but did not do it. There are three conditions that need to be met for the establishment of "omission":
First, the obligation of the perpetrator to do some kind of positive act is a prerequisite for its establishment. In the second case, the actor has a real possibility of performing a specific obligation, but fails to do so. Third, there is a causal relationship between the actor's omission of failing to perform a specific obligation and the final harmful result.
Therefore, if these conditions are met but "death is not saved", it may constitute a criminal offense.
There are many crimes that seem to be not very harmful, but the charges are very serious. If you sneak into someone else's house and steal without stealing a penny or hurting anyone, it may constitute the crime of robbing the family and jujubes, and you will be sentenced to fixed-term imprisonment of not less than 10 years in accordance with the provisions of the Criminal Law. Where violent means are used to forcibly steal other people's property, their conduct constitutes the crime of robbery, and it is a burglary, and a sentence of 10 or more years imprisonment shall be given.
Although there are no statutory mitigating circumstances, but the circumstances of the crime are relatively minor, and they can truthfully confess the crime, have a good attitude of admitting guilt, and have returned the property involved in the case to the victim, they may be sentenced to a criminal punishment in the statutory sentence with a clear sentence, and upon reporting to the Supreme People's Court for approval, Liu Jia is sentenced to four years imprisonment and fined 20,000 yuan.
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The penalty for the illegal act of burglary is less than 3 years, but once the theft process is seen by the Oak Destroyer, and it is found that there are violent and threatening means to endanger the victim, Qiao Kai will be converted into a home robbery, and the statutory sentence is more than 10 years, life imprisonment, and the death penalty.
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When I saw a news in the middle of nowhere, I thought that although the man's behavior caused little harm to the society, he was sentenced to a very serious sentence, and after learning about the man's behavior, I realized that the main reason for the court's decision was that the man stole other women's underwear and caused the leakage of the other party's privacy.
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For the crime of multiple thefts, although the amount of money for one time is not much, but the amount of money accumulated many times is huge, you will also go to jail.
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