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No, because two people commit a crime together, they need to jointly bear the consequences of breaking the law, but there is also a possibility that the wife can not be held responsible, Ah is that there is evidence to prove that the wife was forced by her husband to commit theft, so that the wife can get away with the crime, but it is also rare, h
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If a husband and wife steal from another person together, the wife is criminally responsible, and unless the husband takes care of everything, the wife will be less responsible or not responsible.
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You said that it was a joint theft, then you must bear the corresponding responsibility, unless you did it alone, she just watched from the side, and reminded you that you just didn't listen, then she can educate it, don't be responsible.
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In law, the offender is divided into principal offenders and accessory offenders, but if there is no joint crime, one of the offenders may be exempted from responsibility.
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No. Contributory theft has to be borne jointly, and this is the time when they will only be accomplices and not husband and wife.
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Husband and wife steal from others together. When it comes to criminal responsibility, it must be two people. Just because one of the spouses is criminally responsible, you don't have to bear it.
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No, the wife is an accomplice and is also legally responsible.
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Criminal liability is also incurred. Because both husband and wife committed the same crime, the wife also bears legal responsibility.
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Of course not, the wife, as a normal adult, must be responsible for her actions.
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This can't work, because it's common, so it's all about it.
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Male and female thieves!
Husband and wife both put it in prison and celebrate the Spring Festival together.
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Legal Analysis: Invalid.
The act of giving often occurs in practice, and the recipient of the donor should find out whether the donated property belongs to the situation of co-ownership, and if the gift is accepted without the consent of all the co-owners, it will eventually lead to the invalidity of the act of the donor. However, if the co-owner of the property disposes of the co-ownership without authorization, the co-owner of the property whose rights have been infringed has the right to exercise his ownership rights in accordance with the law and claim that the disposition is invalid.
Legal basis: Civil Code of the People's Republic of China
Article 660 If the donated property is defective, the donor shall not be liable. In the case of a gift with obligations, if the donated property is defective, the donor shall bear the same liability as the seller within the limits of the obligations.
Where the donor deliberately fails to inform the recipient of the defect or guarantee that there is no defect, causing losses to the donee, it shall be liable for compensation.
Article 663: The donor may revoke the gift under any of the following circumstances:
1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;
2) Failure to perform the obligation to support the donor;
3) Failure to perform the obligations agreed upon in the gift contract.
The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.
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Theft of one's own family or close relatives' property may generally not be treated as a crime according to the Interpretation. Where it is truly necessary to pursue criminal responsibility, the handling should also be different from that of committing a crime in society.
Where it is truly necessary to pursue criminal responsibility, it must be that the amount of theft is relatively large or huge, and at the same time there are other serious circumstances, causing indignation among family members and relatives and demanding criminal responsibility. For example, the property of family relatives has been stolen many times, and they do not change after education, causing unease to family members and relatives; Stealing the property of relatives who have no livelihood, causing them difficulties in their lives, or causing other serious consequences; The amount stolen is particularly huge, squandered and wasted, and cannot be recovered, causing major losses to family members and relatives; The theft is subjectively vicious, and the theft is repeated in society, and the amount of theft is not large due to restrictions for various reasons, and it turns into theft of the property of family relatives; Deterioration of family members and kinship and other serious consequences caused by theft, etc.
Close relatives refer to husbands, wives, fathers, mothers, sons, daughters, siblings. Theft of property from close relatives shall include theft of property from close relatives living separately and theft of property from one's own home, i.e., property of close relatives living together, as well as theft of property of other non-close relatives living together.
Family members colluding with outsiders to steal property from their own home or close relatives is a joint theft. If the crime of theft is constituted, criminal responsibility shall be pursued in accordance with law. In this case, family members are also treated differently from other co-offenders in society.
The above content is the relevant answer, under normal circumstances, the wife's theft of her own property will not be punished according to the crime of theft, because her own finances belong to the joint property of the husband and wife, which is only a violation of morality and does not constitute a violation of the law, but if the theft has caused a bad impact, she will be held responsible.
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Is a wife legally liable for stealing her husband's property? According to the provisions of China's Marriage Law, husband and wife may agree in writing that the property after marriage shall belong to each other. In the absence of such a written agreement, the marital property is in common.
Therefore, the wife's theft of her husband's money and goods has different legal meanings in different circumstances. If the husband and wife have agreed in writing that the marital property shall belong to each other, then in this case, if the wife steals the husband's property or the husband steals the wife's property, the conditions for the crime of theft are met. In this regard, the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases stipulates that "theft" between relatives is generally uneasy to deal with; However, if it is necessary, it can still be pursued, but it should be distinguished from theft in society.
The so-called genuine necessity generally refers to the fact that the amount is relatively large, the circumstances are relatively serious, or it has led to serious consequences. As for the situation where there is no written agreement and the property is jointly owned, the use of money by either spouse is not illegal possession and does not constitute the crime of theft.
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Punishment for the husband's act of colluding with others to rob the joint property of the husband and wife: where the crime of robbery is constituted, the sentence is generally between three and ten years imprisonment and a concurrent fine. The crime of robbery is objectively manifested as the use of violence, coercion or other methods against the owner or custodian of property for the purpose of illegal possession, and the act of forcibly snatching public or private property.
[Legal basis].Article 263 of the Criminal Law.
Those who rob public or private property by violence, coercion, or other methods are to be sentenced to between three and ten years imprisonment and a concurrent fine; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given:
1) Entering a home to rob a house;
2) Robbery on public transport;
3) Robbery of banks or other financial institutions;
4) Multiple robberies or robberies where the amount of money involved is huge;
5) Robbery causing serious injury or death;
Liang Tan Brother 6) robbing by pretending to be a member of the military or police;
7) Robbery with firearms;
8) Looting military supplies or emergency rescue, disaster relief, or relief materials.
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Legal Analysis: If you break the law and transfer the joint property of the husband and wife without the consent of the other spouse, one party shall compensate the other party.
Legal basis: Civil Code of the People's Republic of China
Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) the proceeds of the intellectual property rights of Xianhe;
4) Inherited or donated property, except where Gaona is provided for in Item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse
There are legal provisions.
Co-ownership of property refers to a form of property right in which the same property belongs to two or more legal subjects. According to the General Principles of the Civil Law, it can take two forms: co-ownership and co-ownership. >>>More
The settlement of joint debts between husband and wife is that at the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment. >>>More
The joint property of husband and wife refers to the property acquired by one or both parties during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. >>>More
Today I will share with you the problem of how to check the transfer of property in divorce. In divorce cases, according to the principle of who asserts and who bears the burden of proof, if one of the spouses claims that the other party has maliciously transferred, hidden, damaged or sold the joint property, the husband and wife shall provide the court with corresponding evidence; If the other party does not cooperate, it may apply to the court to collect relevant evidence, but relevant clues should be provided, such as the other party's ID number, bank, real estate address, etc. (1) Pay attention to the status of family property and prevent the other party from transferring funds in the name of "honoring parents" or "foreign investment"; Pay attention to equity investments held in the name of one of the spouses, insurance policies, etc. >>>More