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Comment on the form of intentional crime

2019-12-24 16:08:53 | Source:

[Introduction]

《评析故意犯罪的形态》,希望可以帮助各位考生顺利备考事业单位考试。 China Public Institutions Examinations Network will bring you the legal knowledge examination "Assessment of Intentional Crime", hoping to help you prepare for the examinations of public institutions.

The form of intentional crime is an important point of knowledge in the examination of a public institution. The form of investigation is based on a case study, which pays attention to the concept of distinguished investigation. This time I will share with you the contents of intentional crimes through several topics.

A threatened to kill B's family. After B reported the case, the public security personnel followed suit and intercepted A carrying the weapon on the road leading to B. The behavior of A belongs to ()

A. Criminal preparation

B. Suspension of crime

C. Attempted crime

D. Does not constitute a crime

[Answer] A. Analysis: This question examines the preparation for crime in the form of intentional crime. According to the provisions of Article 22 of the Criminal Law, in order to prepare tools and conditions for crime, it is preparation for crime. Article 23 provides that an attempt to commit a crime has been initiated. Failure to succeed due to reasons other than the criminal's will is an attempted crime. Article 24 stipulates that in the course of a crime, the automatic suspension of a crime or the automatic and effective prevention of the consequences of a crime shall be the suspension of the crime. In this question, A deliberately went to B ’s house to kill B. In the end, B did not die. The result of not having died was not that A gave up automatically, but was caught on the way to B ’s house, which was forced to give up. "On the way to B's house", it can be judged that A's behavior at this time is in the preparation stage for killing B, not afterwards. To sum up, A's behavior belongs to the forced abandonment in the preparation stage, therefore, A's behavior belongs to criminal preparation. Therefore, the answer to this question is A.

After A robbed B's necklace and found that it was gold-plated instead of real gold, he threw it to B. A's behavior constituted: ()

A. Attempted crime

B. Accomplished crime

C. Criminal preparation

D. Suspension of crime

[Answer] B. Analysis: This question examines the completed crime in the form of intentional crime. The completed form of the crime is the completed offense, which refers to the criminal form that the actor has deliberately performed to have all the constituent elements specified in the criminal law sub-rules. Throwing the necklace to B is an act after the completion of the robbery. It does not affect the conviction here, and may affect sentencing. Therefore, the answer to this question is B.

A goes to B's residence and kills B. He arrives near B's place of residence. He finds that there are many police cars parked around him and the police are moving around.

A. Criminal preparation

B. Suspension of crime

C. Attempted crime

D. No criminal conduct

[Answer] A. Analysis: This question examines the preparation for crime in the form of intentional crime. According to the provisions of Article 22 of the Criminal Law, in order to prepare tools and conditions for crime, it is preparation for crime. In this case, A wanted to kill B. Eventually, B did not die, so it did not constitute an attempted homicide; A went to B's residence to kill B, and concluded that A's behavior was in the preparation stage for the murder, and the behavior was to the victim. Person B's right to life created a danger, so option D was excluded. In this case, A could not continue to commit crimes because the police's activities in the vicinity of B's house gave A psychological pressure. The description of the title "feeling impossible to start" shows that A was forced. Give up; and was forced to give up in the preparation stage, so criminal preparation was established. According to the theory of criminal law, the actor in this case believes that the crime cannot be continued and is abandoned, even if it can be continued objectively, which constitutes preparation for the crime; the actor believes that the crime can be continued and is abandoned, even if the objective cannot be continued, which constitutes a suspension of the crime. Therefore, the answer to this question is A.

Knowledge summary: The answer to the intentional crime pattern: first get the case to determine whether the perpetrator's crime is completed, if it is completed, it is a completed crime; if the analysis is not completed, whether the actor voluntarily gave up or was forced to give up; The re-analysis of forced abandonment is forced abandonment after proceeding or forced abandonment before proceeding. Forced abandonment after proceeding establishes criminal attempt, and forced abandonment before proceeding establishes criminal preparation. The criterion for judging is to look at whether the endangered behavior of the perpetrator is directly, realistically, urgent and highly dangerous to the legitimate rights and interests of the victim.

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