Huadi Matang District Criminal Defense Lawyer Online Service
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Overdefense means that the defense behavior exceeds the necessity and leads to serious consequences, but the non independent crime should be determined according to the subjective fault of the defender and the actual harmful result. Common crimes include intentional homicide, negligent death, intentional injury and negligent serious injury. In special circumstances, if the defender is not malicious or negligent, and the damage is caused by force majeure, it can be regarded as an accident, without any responsibility. #Criminal defence 1353 readings -
In a conspiracy crime, the principal offender is punished according to law: the ringleaders are punished according to all the violations of the group, and the non ringleaders are responsible for the criminal acts they directly participate in or organize and command. The legal responsibility is not equal to the ringleaders, who are fully responsible for the activities of the whole group. #Criminal defence 840 readings -
The starting amount of "large amount" and "huge amount" in the crime of official embezzlement refer to the double (60000 yuan) and five (1 million yuan) standards of bribery and corruption respectively. The former can be sentenced to imprisonment of less than three years or criminal detention with a fine; The latter is sentenced to imprisonment of not less than three years but not more than 10 years and a fine. The greater the amount, the heavier the criminal responsibility. #Criminal defence 838 readings -
Carrying a large amount of credit card debt does not constitute a criminal offence, but if you maliciously overdraw or ignore the call, you may commit the crime of credit card fraud. A malicious overdraft, depending on the amount of money, will face criminal penalties ranging from imprisonment of less than five years and a fine of 20000 to 200000, to imprisonment of more than ten years or even life imprisonment and a huge fine of 50000 to 500000, and in serious cases, property will also be confiscated. #Criminal defence 1383 readings
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This crime infringes upon the physical rights of others, that is, the basic personality rights of the integrity of natural persons. Crime needs to meet three conditions: causing physical damage to others without authorization, leading to substantial damage. There are a wide range of responsibility subjects, and those who have reached the age of responsibility and are capable of responsibility may become the subject. Minors aged 14-16 years old shall be responsible for serious injury or death caused by intentional injury. Subjectively, the perpetrator must know and hope or let the damage result. #Criminal defence 1341 readings -
The crime of intentional injury refers to the act of intentionally damaging the health of others, and the subject of the crime should have subjective malice. No matter how serious the result is, the doer must bear the responsibility. Injury modes include active and passive. Subjective intention, behavioral consequences and social hazards shall be considered in the judgment. Depending on the degree of injury, he may face a penalty of less than three years leading to the death penalty. In serious cases, such as death or the use of cruel means, the crime is more serious. Special circumstances shall be handled according to relevant laws and regulations. #Criminal defence 1352 readings -
In judicial practice, theft must meet certain conditions to constitute a crime. Theft of public and private property worth more than 1000 yuan or more times (three or more times within two years), entering the house, carrying lethal weapons or picking and stealing will be defined as theft. For example, if the theft value is more than 1000 to 3000 yuan, the amount is relatively large, and illegal intrusion and theft of private residence is called burglary. It is also a crime to carry prohibited items such as firearms, explosives or controlled knives, or to steal equipment that threatens the safety of others. Pickpocketing refers to stealing others' personal belongings in public places or on public transportation vehicles. Otherwise, it will only be regarded as an illegal act. #Criminal defence 855 readings -
Chinese law sets different levels of penalties for theft: those who steal a large amount (qualified - 3000) can be sentenced to imprisonment of less than three years and a fine; If the amount is huge (30000 to 100000 yuan), he/she shall be sentenced to imprisonment of not less than 3 years but not more than 10 years and fined; Those with a particularly large amount (300000 to 500000) may face more than 10 years to life imprisonment, and may also be fined or have their property confiscated. The specific amount standards shall be adjusted according to the local economic development and social security conditions, and shall be reported to the Supreme People's Court and the Supreme People's Procuratorate for the record. #Criminal defence 851 readings
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#Criminal defence 2024-06-29 -
#Criminal defence 2024-06-29 -
#Criminal defence 2024-06-29 -
#Criminal defence 2024-06-29 -
#Criminal defence 2024-06-29