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Criminal act (no other abbreviation).
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Legal Analysis: Violation refers to citizens' violations of the national constitution, laws and decrees, administrative regulations and administrative rules. A crime is a crime only if it meets the requirements of the Criminal Law of the People's Republic of China on crimes. It has the following characteristics:
1. The crime is an act that endangers the public society; Clause.
2. The crime is an act that violates the criminal law; Clause.
3. Crimes must be punishable by criminal law. Only acts that are punishable by criminal punishment can be considered crimes. A crime must be illegal, but breaking the law is not necessarily the same as committing a crime.
Criminal acts under the Criminal Law refer to acts committed by the offender that constitute a crime in violation of the provisions of the Criminal Law. There are two basic forms of criminal acts, namely, acts and omissions, and the third form of harmful acts, namely, possession crimes. As long as it is determined that there has been a criminal act, and the other constituent elements of the crime are met, they shall be convicted and sentenced.
Legal basis: Criminal Law of the People's Republic of China: Article 14: Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime. If a crime is intentionally committed, she should be held criminally responsible.
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A criminal act is an act committed by the offender that constitutes a crime in violation of the provisions of the criminal law. It is the basis for the composition of crimes in criminal law and the basis for the perpetrator to bear criminal responsibility. Criminology focuses on the study of criminal behavior from the following perspectives:
1) The study of criminal behavior as a stage in the evolution process of criminal psychology, such as the hunger of criminal consciousness - criminal motivation - criminal behavior - criminal result;
2) To study the patterns of criminal behavior, to discover patterns and characteristics, and to provide a basis for formulating policies for the prevention and control of crime;
1. What are the criminal acts of omission?
With regard to the types of omissions, the general theory of criminal law theory is that it is divided into pure omissions and impure omissions. In addition, there is also a view in China's criminal law circles that includes both acts and omissions. In my view, this view confuses the relationship between action and inaction.
The difference between an act and an omission is not simply a matter of physical movement, but primarily of the nature of the obligation statute that has been violated. An act is a violation of the statute of prohibitive obligations, and an omission is a breach of the statute of imperative obligations. Therefore, any violation of the statute of imperative obligations, which should be done and not done, is an omission.
The content of the omission is the act under the statute of imperative obligations. If you ought to do something, you still don't do it despite other bodily actions. Therefore, the distinction between act and omission should be grasped in essence, otherwise it may lead to the negation of pure omission.
For example, the crime of abandonment, which is recognized as a pure omission, is not the absence of any physical movement. Abandoned babies are often left on the side of the street. In this sense, I argue that action and omission are an either/or opposition.
1. Pure criminals.
Pure omission is an offence that can only be constituted by omission under criminal law. The crime of pure omission is expressly provided for in the criminal law, on the basis of which the crime of pure omission can be correctly determined. For example, article 261 of China's Criminal Law provides:
Where a person who is trembling in the middle of the disease is old, young, sick, or otherwise incapable of independent living, and has an obligation to support but refuses to support, and the circumstances are heinous, a sentence of up to five years imprisonment, short-term detention, or controlled release is to be given. "This is a legislative example of pure omission. The crime of abandonment is a crime of pure omission when a person who has the obligation to support is able to perform the obligation of support but refuses to do so.
2. Impure crimes.
An impure omission is an offence committed in the form of an omission, usually committed in the form of an act. Since there is no explicit provision in the Criminal Law, the judicial organ should pay attention to examining whether the omission and the act are equivalent when determining the impure act. It is only in the case of equivalence that it can be found to be an impure crime of omission.
For example, the provisions of China's Criminal Law on the crime of intentional homicide include intentional homicide by act and intentional homicide by omission. Such intentional homicide by omission is impure omission. For example, the mother deliberately fails to feed the baby, resulting in the infant starving and dying.
This act of non-feeding is an impure omission, which is equivalent in value to intentional homicide and should be punished as an impure omission.
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