Is the wrong means of recognizing mistakes and wrong methods the same thing in criminal law?

No. Mistake of means means used by the perpetrator would have produced a harmful result, but the perpetrator mistakenly believed that the harmful result would not have occurred. Errors of means differ according to whether the perpetrator is aware of the legal consequences of harmful consequences of his or her actions

1. The perpetrator did not realize that his or her conduct would produce harmful results, so an intentional crime cannot be established; If there is negligence, the crime of negligence is established; If there is no negligence, it is an accident.

2. The actor realizes that his conduct will have a harmful outcome, and hopes that the harmful result will occur, and the actor originally intended to use means that would have a harmful outcome, but because of a misunderstanding, he used a means that would not have a harmful outcome. In this case, it is only due to reasons other than volition that the crime is not successful, and the criminal attempt is established.

Methodological error refers to the fact that what one thinks is a criminal method that is not the same as the one that is objectively actually used. In general, there are no harmful results.

Extended information: Mistaken knowledge refers to a misunderstanding of the legal nature of the actor's conduct. It manifests itself in three cases:

1 "Hypothetical non-sin." The act is legally defined as a crime and the perpetrator mistakenly believes that it is not a crime.

For example, A buys precious trees to make furniture without permission, and does not realize that this act is the crime of illegal acquisition and processing of precious trees and their products under article 344 of the Criminal Code.

It is generally believed that ignorance of the law is not an acceptable excuse, so in principle, the "hypothetical non-crime" does not exclude criminal responsibility, but the criminal responsibility can be mitigated as appropriate, because in the case of hypothetical innocence, the perpetrator did not act with knowledge that he could not do it, and the subjective malice is less.

2 "Imaginary crime". The act is not criminalized under criminal law, and the perpetrator mistakenly believes that it is a crime.

For example, the reproduction of a literary work of artistic value containing pornographic content does not constitute a crime, but he mistakenly believes that it is a crime. Because the basis for judging the nature of the act is the law, not the actor's misunderstanding of the law, the perpetrator's "hypothetical crime" does not change the legal nature of the act, and the crime is not established. This misunderstanding has no effect on the nature of the act.

3. The perpetrator misunderstands the charges and severity of his criminal acts.

For example, if A steals and cuts the wires in use, A thinks it is a crime of theft, but in fact it is a crime of destroying electrical equipment according to law; Person A thinks that there is no death penalty for this crime, but in fact the statutory maximum penalty is the death penalty. This misidentification of the law does not involve whether the perpetrator has a sense of illegality (or harmfulness), so it does not affect the magnitude of the crime, and therefore does not affect the conviction and sentencing.

Methodological error refers to the inconsistency between the object of the actor's intention to be injured and the object of the actual injury due to the error of the act itself.

What exactly is a mistake of method in criminal law? Misunderstanding in law refers to an actor's misunderstanding of the legal nature of his or her conduct. It manifests itself in three cases:

1. The perpetrator's conduct is not considered a crime in the criminal law, but the perpetrator mistakenly believes that it is a crime. This kind of conduct lacks the social harmfulness of the criminal law, and the perpetrator does not bear criminal responsibility. 2. The perpetrator's conduct has constituted a crime under criminal law, and:

The perpetrator mistakenly believed that it was not a crime. Such misunderstandings generally do not affect the establishment of the crime, but the punishment may be mitigated depending on the specific circumstances. 3. The perpetrator has a misunderstanding of the nature of the crime against which the criminal act should be established or the severity of the punishment that should be imposed.

Such misunderstandings have no effect on the conviction and sentencing of the perpetrators. That's all I have summarized for you, I hope you understand.

Misunderstanding of law refers to an misunderstanding of the legal nature or meaning of one's own conduct when the actor consciously carries out a certain act.

It is generally believed that the following three situations are included:

First, the perpetrator mistakenly believed that he was actually committing a criminal act prohibited by the Criminal Law, but in fact the act was not a criminal act prohibited by the Criminal Law.

Second, the perpetrator mistakenly believes that the act he has committed is not a criminal act under the criminal law, but in fact the act is a criminal act under the criminal law.

Third, the perpetrator has an incorrect understanding of the criminal conduct he has committed in terms of the charges, number of crimes, sentencing, and so forth.

Errors in factual cognition are divided into concrete factual misperceptions and abstract factual misperceptions. "Errors in the understanding of specific facts" refers to the fact that although the facts known by the perpetrator are inconsistent with the facts that actually occurred, they do not exceed the scope of the same crime, including errors in the target, strikes, and causal relationships. "Misunderstanding of abstract facts" refers to the fact that the perpetrator knows the facts and the facts that actually occurred, respectively, belong to different criminal compositions, and according to the doctrine of statutory compliance, the crime shall be determined within the scope of subjective and objective unity for the misunderstanding of abstract facts.

According to article 14 of the Criminal Law, an error in the criminal law refers to the perpetrator's incorrect understanding of the legal significance of his or her actions, or his understanding of the relevant objective facts that does not conform to the truth. Misunderstandings include misunderstandings of law and facts.

What are the characteristics of status offenders in criminal law.

The characteristics of status offenders in criminal law are as follows:

1. The identity of the criminal is formed at the time of the commission of the crime;

2. Special status refers to the actor's special qualifications, status, or status in terms of personal aspects, and has a certain degree of continuity;

3. Special status is closely related to criminal acts;

4. The special body stool can be a certain period of time or a temporary identity.

What is the scope of property in criminal law?

The scope of property in the Criminal Law is divided into public property and private property owned by citizens, as follows: Public property refers to the following property:

1) State-owned property;

2) property collectively owned by the working masses;

3) Social donations or special assets used for poverty alleviation and other public welfare undertakings.

Private property managed, used, or transported by state organs, state-owned companies, enterprises, collective enterprises, and people's organizations shall be treated as public property.

The property privately owned by a citizen refers to the following property:

1) Citizens' lawful income, savings, housing, and other means of subsistence;

2) The means of production that are owned by individuals or families in accordance with law;

3) the lawful property of self-employed individuals and private enterprises;

4) Shares, bonds, and other property owned by individuals in accordance with the law.

Legal basis.

What are some kinds of misunderstandings in criminal law?

1) Misunderstanding of the law.

Misunderstanding of law refers to the perpetrator's erroneous understanding of whether the act of self-envy constitutes a crime in law, what kind of crime it constitutes or what punishment it should receive. There are generally three types of mistaken legal perceptions:

1. The perpetrator's conduct does not constitute a crime in law, but the perpetrator mistakenly believes that it constitutes a crime;

2. The perpetrator's conduct constitutes a crime in law and the perpetrator mistakenly believes that it does not constitute a crime;

3. The perpetrator has a wrong understanding of the crime that his conduct constitutes a crime and the severity of the punishment that should be imposed. These circumstances generally do not affect whether their actions constitute a crime or not and how criminal responsibility can be pursued.

2) Misunderstanding of facts.

"Misunderstanding of facts" refers to the perpetrator's subjective misunderstanding of the relevant facts and circumstances that determine the nature of his conduct and criminal responsibility. Errors in the perception of facts generally have the following situations:

1. Wrong understanding of the object. "Misunderstanding of the object" refers to the actor's misunderstanding of whether there is objectively an object that has been violated. It includes the perpetrator who mistakenly believes that the object of the crime exists when committing the harmful act but does not actually exist, or mistakenly believes that the object of the crime does not exist but actually exists, or intends to violate one object of the crime but in fact violates another.

Object recognition errors are usually caused by object recognition errors, but the difference in the object reflects the difference in social relations. Therefore, the misunderstanding of the object may affect the form of the crime, the completion and attempt of the crime, and even the establishment of the crime.

2. The object has a wrong understanding. In order to distinguish it from the above-mentioned misunderstanding of the object, the misunderstanding of the object here refers to the misunderstanding between different objects of the same object, so this misunderstanding of the object is also called the misunderstanding of the object, and has no impact on criminal liability.

3. Mistaken behavior. There are two main types of behavioral misperceptions:

1) Misunderstanding of the nature of the act. That is, the perpetrator has a misunderstanding of whether his act is of a socially harmful nature, such as hypothetical defense. Misunderstanding of the nature of the act may affect the form of the crime and may also affect the establishment of the crime.

2) Behavioral tools (methods) produce incorrect understanding, thereby affecting the occurrence of harmful results, and the misunderstanding of behavioral tools (methods) can affect the establishment of the crime or attempt, and can also affect the establishment of the crime.

4. Misunderstanding of causality. Misunderstanding of causality refers to the perpetrator's misunderstanding of the actual connection between his or her own conduct and the outcome of the danger. Generally includes:

1) If a certain harmful result has not occurred, and the perpetrator mistakenly believes that it has occurred, this generally constitutes an attempt to commit a crime.

2) Where a certain harmful result has already occurred, but the perpetrator mistakenly believes that it did not occur or mistakenly believes that it was not caused by his own conduct, this does not affect the establishment of the crime.

3) Misunderstanding of the actual development process between the act and the harmful result, which is generally treated as a completed crime.

Legal basis.

Criminal Law of the People's Republic of China

Article 4: [Equality in the Application of Criminal Law]All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.