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The number of crimes refers to the single or multiple number of crimes, and in criminal law theory, it refers to one or more crimes.
Types of Sin Counts:
1. Substantial and imaginary crimes.
Substantive and imaginary crimes are classified based on the number of acts in which the perpetrator meets the requirements of several crimes.
Where the perpetrator commits several acts, which meets the requirements of several crimes, and constitutes several independent crimes, it is a substantive crime; Where the perpetrator commits one act, which meets the requirements of several crimes, and commits several crimes, it is an imaginary crime.
2. Crimes of different species and crimes of the same species.
Heterogeneous crimes and crimes of the same type are classified based on the criterion of whether the nature of the composition of several basic crimes conformed to the perpetrator's several acts is the same. Among them, "heterogeneous multiple crimes" refers to multiple crimes in which the perpetrator commits several acts out of several different criminal intents, meets the composition of several basic crimes of different natures, and commits several different crimes. "Multiple crimes of the same kind" refers to the perpetrator committing several acts out of the same criminal intent, meeting the basic criminal composition of several crimes of the same nature, and committing several crimes with the same charge.
The significance of dividing multiple crimes into different types of crimes and the same type of crimes is that it is conducive to the correct implementation of combined punishment for multiple crimes in sentencing.
3. Combined punishment for multiple crimes and non-combined punishment.
The classification of multiple crimes with combined punishment and non-combined punishment is based on whether or not the perpetrator's criminal facts have constituted a substantive crime with combined punishment for multiple crimes. Among them, the combined punishment of multiple crimes refers to the perpetrator carrying out multiple acts based on several crimes, constituting several independent crimes. "Multiple crimes that are not combined punishment" refers to multiple crimes in which the perpetrator is punished as one crime even though he or she has committed several acts, meets the requirements of several crimes, and commits several crimes, but does not carry out combined punishment due to specific reasons or legal provisions, and is only punished as one crime.
The main significance of this classification of multiple crimes is that it directly provides the premise for the implementation of the combined punishment of several crimes. Legal Education Network?
4. Several crimes before the judgment is pronounced and several crimes during the period of enforcement of the sentence.
The classification of multiple crimes before the announcement of the judgment and the multiple crimes during the period of enforcement of the sentence is based on the time conditions for the occurrence of the actual number of crimes. Among them, "multiple crimes before the judgment is announced" refers to the multiple crimes committed and discovered by the perpetrator before the judgment is announced. "Multiple crimes during the enforcement of a criminal punishment" refers to several crimes constituted by the discovery of an omission or the re-committing of a new crime during the enforcement of the criminal punishment.
The significance of this classification of multiple crimes is that it adapts to the provisions of the Criminal Law on the combined punishment of multiple crimes, so as to facilitate the determination of how the punishment should be combined and the punishment to be carried out according to different circumstances.
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Criminal intent is divided into two categories: direct intentional crimes and indirect intentional crimes. A direct intentional crime is an act in which one is aware that one's actions will result in harm to society and has an attitude of hope that such an outcome will occur. Indirect intentional crime is the act of knowing that some kind of harmful result may occur in the act of one's act, and allowing such a result to occur.
[Legal basis].
Article 14 of the Criminal Law provides that a person who clearly knows that his or her conduct will have a result harmful to society, and hopes or allows such a result to occur, thus constituting a crime, is an intentional crime. Those who commit intentional crimes shall bear criminal responsibility. Article 15: A person who should foresee that his own conduct might have a result that is harmful to society, but because he was negligent and did not foresee it, or because he had foreseen it and believed that it could have been avoided, so that such a result occurred, it is a crime of negligence.
Only those who commit crimes of negligence shall be criminally liable if the law provides for them.
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The subjective intent of the crime is heavier than the indirect intent, because the subjective malice of the former is greater than that of the latter. ()
a.That's right. b.Wrong shirt pinned.
Correct Answer: a
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1.If the same constitutive element is met for multiple acts, there is no need to combine the punishment for several crimes, and only one crime is counted. For example, robbery on the first day and robbery on the second day is the same crime, and only one crime of robbery is convicted, and the sentence can be increased according to the circumstances.
2.If the evidence does not prove that the perpetrator had the intent to deprive life, it may be tolerated and evaluated as intentional injury, and at this time, it overlaps with the previous crime of intentional injury, and only the crime of intentional injury is determined; Conversely, if intentional homicide can be proven, then intentional injury and intentional homicide need to be punished together.
I don't know if it's to the point|╥
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