Criminal Law（ 2）

Preventive Illegitimacy

Accident

• An act which, due to unavoidable or unforeseeable reasons rather than intent or negligence, produces a harmful result in fact, is not a crime.

• e.g.Grandma Zhang takes care of her grandson.The little child coughs and Zhang administers the medicine to her grandson.But the medicine bottle is filled with poision by her daughter for killing mice.The child dies.

criminal capacity

• under 14 years old• between 14 and 16 years old:severe and comm

on crimes• more than 16 years old• between14 and 18 years old-- should be given a

lesser punishment or a mitigated punishment• the only special provision--

transformed robbery

• Whoever commits the crime of theft, fraud or forcible seizure of money or property and uses violence on the spot or threatens to use violence in order to conceal the booty, resist arrest or destroy the criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

• but...between14 and 16...crime of intentional homicide or crime of willful and malicious injury

cases

• Xiao Zhang who is 15 years old,trafficks and rapes women.His behavior should be determined as the crime of __________.

• Xiao Li who is 15 years old kills the person when kidnapping the man.His behavior should be determined as the crime of __________.

cases

• Xiao Wang,who is 15 years old kills one person by flooting,his behavior should be determined as the crime of __________.

• Xiao Chen,who is 15 years old robs guns. behavior should be determined as the crime of __________.

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mentally ill person

• may be given a lesser punishment or a mitigated punishment.

• Only doctors have the right to decide whether a man is mentally illed or not.

• Judicial discretion自由裁量权

Drunk

• Public interest • the action libera in cause 原因自由行为

Justifiable Defence

• If a person employs an act to stop an unlawful infringement for the purposes of avoiding the said infringement for the State's or the public interest or for his own or another person's right of the person, property right or any other right, thus causing harm to the unlawful infringer, the said act shall be regarded as a justifiable defense and the said person shall not bear criminal responsibility.

• If a justifiable defense apparently exceeds the limits of necessity, thus causing a serious harm, the person involved shall bear criminal responsibility, but be given a mitigated punishment or be exempt from punishment.

• If a person employs an act of defense to an immediate violent crime of committing physical assault, homicide, robbery, rape, kidnapping or any other crime seriously endangering the safety of another person, thus causing bodily injury or death to the unlawful infringer, the said act shall not be regarded as a defense that exceeds the limits of necessity, and the said person shall not bear criminal responsibility.

act of rescue

• A person who, for the purposes of avoiding an immediate danger to the State's or the public interest or to his own or another person's right of the person or property right or any other right, is compelled to employs an act under emergency, thus causing a harm, shall not bear criminal responsibility.

• If an act under emergency to avert danger exceeds the limits of necessity, thus causing an undue harm, the person involved shall bear criminal responsibility, but be given a mitigated punishment or exempt from punishment.

• The provisions of paragraph 1 on avoidance of danger shall not apply to the persons who assume specific responsibilities in their posts and businesses.

cases

• One day,two farmers(A and B) fight with each other.A uses an axe to chop B.B picks up a hoe to fight back and killed A.

• One night,C stops D and wants to rob D.During the robbery,C realizes that his behavior would be punished in the future so he gives up.When C is leaving,D uses a big stone to break C's head.

video-watching

• Miss Wang is a teacher in kindergarten.One day,she takes 8 children to play along a river.One of the children falls into river but Wang doesn't jump into the river to save the children.Zhang walks by and sees the situation.He uses a stick to hit Zhang and then jumps into the river to save the child.

criminal pattern

• preparation for a crime:initiate a crime• desistance of crime:personal danger• Attempted crime

cases

• Zhang and Li lived in Dalian.Zhang wanted to steal Li's jewels which were kept at Li's home.Zhang followed Li to Guangzhou and killed Li in Guangzhou.Zhang went back to Dalian 3 days later and went to Li's home.He found in surprise that Li's family moved and Zhang had no idea where did they go.

• A who lived in USA,bought a bottle of wine and delivered it to his brother B who lived in Hangzhou,China.A thought that his brother would die after drinking the wine so that he can get all the legacy.

• A wanted the rape B,but1.A found that B is his neighbour2.A found that B is his wife3.A found that B is very ugly4.B told A:I have infectious idsease5.B told A:If you can do this to me,I'll commit suici

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complicity共同犯罪

• A joint crime means an intentional crime committed jointly by two or more persons.

• A negligent crime committed jointly by two or more persons shall not be treated and punished as a joint crime; and if the persons involved shall bear criminal responsibility, they shall be sentenced separately upon the crimes they commit.

• indirect principal • Successive complicity

cases

• Zhang imprisoned Li at his home.Some days later,Zhang asked Wang to take care of Li for several days because Zhang wanted to have a trip.Wang agreed to do so.

• A and B went to steal together.A went into one's home to steal things and B was on the look out.A hit the owner of the property.A came out of the house and B asked A:why there's bloodstain in your clothes?A answered:I hit the victim.B said:wait a minute.B went into the house and said to the victim:You deserve it!I would hit you worse!