How should the acts of the three defendants in this case be characterized? Why?

In this case, the three defendants should have committed the crime of credit card fraud!

On the basis of article 196 of the Criminal Law of the People's Republic of China, in any of the following circumstances, credit card fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given

1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

2) Using invalid credit cards;

3) Fraudulently using another person's credit card;

4) Malicious overdraft.

"Malicious overdraft" as used in the preceding paragraph refers to the conduct of a cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and does not return it after being collected by the card-issuing bank.

Those who steal credit cards and use them are to be convicted and punished in accordance with the provisions of article 264 of this Law.

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases", the use of forged credit cards, invalid credit cards, and fraudulent use of other people's credit cards to defraud the amount of more than 5,000 yuan is a relatively large amount; Where the amount of fraud is 50,000 yuan or more, the amount is huge, and where the amount of fraud is 200,000 yuan or more, the amount is especially huge.

In this case, after the three defendants found another person's credit card, they fraudulently used another person's credit card to overdraft as much as 120,000 yuan, which constituted a huge amount of money as provided for in the Criminal Law, and should be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan.

The plaintiff is BAI

Filing a civil DU lawsuit in your own name, requesting zhi

The court protects its rights to the dao

Parties are the terms of civil and administrative litigation, and the parties include: plaintiffs, defendants and third parties.

1. Where a defendant in a criminal case confesses in the following circumstances, it must not be the basis of a verdict:

1) The interrogation record has not been checked and confirmed by the defendant;

2) Interrogation of deaf and mute persons should include the provision of personnel who are familiar with deaf or mute gestures but fail to provide them;

3) Interrogating defendants who are not proficient in the common local language or script, interpreters should be provided but are not provided;

4) Interrogating minors where their legally-designated person or appropriate adult is not present.

2. Legal basis: Article 94 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.

1. How to review the defendant's confession.

1. The motive for reviewing the confession. The motives for the defendant's confession are varied, ranging from sincere repentance to seeking spiritual relief, to hoping for some kind of benefit such as seeking leniency, to misunderstanding laws and policies, and so on.

2. Review the time when the confession is formed. Generally speaking, before a criminal suspect has established a psychological line of defense, the materials formed by public security personnel when they first come into contact with a criminal suspect often have a high degree of authenticity, but attention should be paid to ascertaining: whether the interrogation was lawful and effective, whether there were circumstances such as extorting confessions by torture, under what circumstances the defendant confessed, and what was the degree of completeness, credibility, and authenticity of the confession.

In addition, the confession after the facts of the crime were clearly revealed in the case were also relatively true.

3. Review the procedures for obtaining confessions. Where the interrogation record is not submitted to the criminal suspect for verification or read to him without legally-prescribed procedures, as well as where the defendant or criminal suspect submits supplements or corrections but does not supplement them, the interrogation record is more likely to be false.

4. Interview and let the content of the confession be investigated. Generally speaking, if the defendant's confession is specific and clear, and can explain the time, place, means, motive, and purpose of the crime, as well as other specific circumstances such as the amount and whereabouts of the stolen money, and the content of the statement is basically the same, the veracity of the confession is greater.

5. Review whether the confession is consistent with other evidence. It is necessary to link the confession with other evidence in the case for comparison and corroboration to see if it is consistent and whether there are contradictions. If there is any inconsistency, it should be analyzed in detail:

If the other evidence is true, the confession is false; However, the other evidence is not true, and it cannot be inferred that the confession is true. In this case, sufficient evidence should be collected again to confirm the authenticity of the confession.

6. Review whether the defendant's confession is reasonable and whether it conforms to the rules of daily life experience, and the defendant's confession that does not conform to the rules of thumb is generally not true.

The mere confession of the defendant cannot be found to be a crime. Evidence is the evidence that proves the facts of the case, and all the facts that prove the true situation of the case are evidence. The issue of evidence is the core issue of litigation, and all litigation activities actually revolve around the collection and use of evidence.

Article 50 of the Criminal Procedure Law of the People's Republic of China is evidence that can be used to prove the facts of a case. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) The criminal suspect or defendant's confession and defense are completed; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict. Article 51 of the "Criminal Procedure Law of the People's Republic of China" The people's procuratorate bears the burden of proof that the defendant is guilty in a public prosecution case, and the burden of proof that the defendant is guilty in a private prosecution case is borne by the private prosecutor.

Summary. Yes, Xu can be listed as a defendant. If Xu is suspected of violating the law, or if it involves the facts of the case, then he can be listed as a defendant.

In the litigation activities of this case, can Xu be listed as a defendant? Why?

Yes, Xu can be listed as a defendant. If Xu is suspected of violating the law, or is involved in the facts of the case, then he can be listed as a defendant.

Excuse me, but please go into more detail?

Yes, Xu can be listed as a defendant. If Xu is suspected of violating the law, then he can be listed as a defendant and punished by the law. Reason:

Xu may be suspected of illegal acts, such as fraud, tort, or other criminal acts. Solution: If Xu is listed as a defendant, he can ensure that his rights are protected by hiring a lawyer to match him with Duan Defense.

A court verdict or verdict of guilt or innocence of the defendant must be based on facts. Witness testimony is a witness's explanation and statement of the circumstances related to the case, which can reveal the true situation of the case, but not all witness testimony can be used as the basis for a verdict. Because, the testimony of some witnesses may only reflect the superficial phenomenon of the case rather than the essence, for example, the witness said that ** who escaped from the victim's house that night seemed to be Zhang San, but in fact ** was another person like Zhang San; There are also witnesses who, for various reasons, deliberately distort the facts and make false statements.

The testimony of these witnesses cannot be used as the basis for a verdict, otherwise they may wronged the good or indulged the bad ones. Only the testimony of witnesses that reflect the true circumstances of the case can be used as the basis for a verdict.

According to the provisions of the law, specifically, the witness testimony of Qi Xiaochang must meet the following conditions to be used as the basis for a verdict:

1. Whether it is the testimony of a witness submitted by the public prosecutor or the victim, or by a witness submitted by the defendant or the defender, it must be interrogated, confronted, and testified by both parties in court, and both parties may raise questions about the specific content and relevant circumstances of the testimony, and raise questions and rebuttals to the untrue or suspicious areas of the testimony. The purpose of this is to ensure the comprehensiveness, truthfulness and objectivity of the witnesses' testimony.

2. Witness testimony should be used as the basis for a verdict, and the testimony of witnesses from all parties shall be heard, and comprehensive comparisons and corroborations shall be conducted to determine whether they reflect the actual circumstances of the case. There will be inconsistencies or even contradictions between the testimony of witnesses and the testimony of different witnesses, and the court must distinguish and compare them, and distinguish between the false and the true, rather than just listening to one side of the story.

3. The testimony of witnesses can only be used as the basis for a verdict after it has been verified to be true. The court is to investigate whether the circumstances reflected in the witnesses' testimony are indeed to be investigated, and use methods such as investigation, questioning, and technical appraisals to comprehensively analyze the defendant's confession, the victim's statement, and other evidence, such as physical evidence, documentary evidence, audio-visual materials, and appraisal conclusions, to eliminate doubts therein, and finally determine the authenticity and credibility of the witnesses' testimony.

Witness testimony has a direct impact on the court's decision on a case, and the court should earnestly check whether the above conditions are met, so as to ensure the objective veracity of the witness's testimony, which is also aimed at accurately and promptly cracking down on crimes, so that no criminal is spared nor an innocent person is wronged. Witnesses shall testify truthfully and explain the true situation, and the court may give warnings to witnesses who intentionally give false testimony or conceal criminal evidence, until their criminal responsibility is pursued in accordance with law.

Witness testimony is verbal evidence and is too subjective, so if there is only witness testimony in the case, it cannot be used as the basis for a verdict according to the provisions of Chinese law. In other words, the statement that the witness testimony mentioned above can be used as the basis for the verdict is inaccurate.