What constitutes the same crime? What does it mean to constitute the same crime?

The composition of a crime is the subject, the object, the subjective aspect, and the objective aspect.

The same crime is constituted, and although the acts are different, the above elements are the same.

For example, a person with full capacity for criminal responsibility, who was in a certain city on Monday, stole 2,000 yuan from someone on the street. On Tuesday, he went to an office building and took a briefcase with 2,000 yuan in cash.

Then the subject is the same person, the object, all infringe on the property rights of citizens, the subjective aspect is in the intention of illegal possession, and the objective aspect is the act of secret theft, then this is the same crime, both are theft crimes.

Constitutive crime refers to the organic unity of all objective and subjective elements necessary for the act to constitute a crime in accordance with the provisions of the Criminal Law of China, which determines the social harmfulness and degree of a specific act, and is the basis for the perpetrator to bear criminal responsibility. The establishment of any kind of crime must meet the constituent elements of four aspects, namely, the subject of the crime, the subjective aspect of the crime, the object of the crime, and the objective aspect of the crime.

1. "Criminal entity" refers to natural persons or units that carry out conduct that endangers society and shall bear criminal responsibility in accordance with law.

2. The subjective aspect of crime refers to the criminal subject's psychological attitude towards their own harmful conduct and its harmful results. The guilt of the perpetrator (including intent and negligence) is a subjective element that must be present for the composition of all crimes, and the composition of some crimes also requires that the perpetrator subjectively have a specific criminal purpose.

3. The object of crime refers to the socialist social relations protected by the criminal law and violated by the crime.

4. The objective aspect of crime refers to the objective external manifestations of criminal activities, including harmful conduct and harmful results. The constitution of certain specific crimes also requires that the perpetrator's conduct occurred at a specific time and place or that a specific object was harmed.

The composition of a crime helps to distinguish between crime and non-crime, and between this crime and other crimes, and is of great significance for fighting crime accurately, legally, and in a timely manner, effectively protecting the legitimate rights and interests of citizens, and ensuring that the innocent are not illegally prosecuted.

Analysis of the law into curved edges:

The same crime constitutes the same crime. According to the laws of our country, joint crime refers to the joint intentional crime committed by two or more persons.

Where two or more persons commit a crime of joint negligence, and they are not punished as a joint crime, they are to be punished separately in accordance with the crimes they committed.

Legal basis: Criminal Law of the People's Republic of China

Article 26: Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes, are the principal offenders.

A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group.

The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.

Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.

Article 27: Those who play a secondary or auxiliary role in a joint crime are accomplices.

For accomplices, punishment shall be mitigated, commuted, or waived.

Article 28: Where a person is coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of the crime.