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  • The crime of rape is a behavior crime. As long as a woman is raped, even if it is attempted, the public security organ will also file a case for investigation. According to the Criminal Law, whoever commits the crime of rape shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. An attempted offender may be given a lighter or mitigated punishment in comparison with an accomplished offender. Attempted rape is generally sentenced in three years according to the specific case.
    #Criminal defense Views: 0
  • The criteria for filing (sentencing) of various types of illegal operation crimes involving one of the following circumstances shall be prosecuted: the case of illegal operation of salt violates the relevant national regulations on salt industry management, illegally produces, stores, transports, and sells salt, disrupting market order, and has one of the following circumstances: 1. The amount of illegal operation of salt is more than 20 tons; 2. Those who have been subjected to more than two administrative penalties for illegal salt trading and illegally trade in salt, with the quantity of more than 10 tons.
    #Criminal defense Views: 0
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September

twenty-three

Active confession and repentance Voluntary surrender and confession: If you have not yet surrendered, you can consider voluntarily surrendering to the public security organ and truthfully confessing your crime. Voluntary surrender is a legally mitigated or mitigated punishment, which can reflect your repentance attitude. At the same time, in the investigation process, if you can actively cooperate with the investigation and take the initiative to account for your crime, you can also be regarded as confessing, thus obtaining leniency. Voluntary confession in court: If you can voluntarily confess your guilt and have no objection to the facts of the alleged crime during the court trial, it will help the court to determine your attitude of repentance and consider it when sentencing. 2、 Actively return stolen goods and compensation Returning stolen goods: If you have any illegal income, you should actively return it to the victim or relevant units. Returning stolen goods can reduce the loss of the victim, reflect your sincerity for repentance, and help to obtain a lighter or mitigated punishment. Repayment: If the victim has suffered economic losses due to fraud, you should actively compensate. Compensation for losses is an important embodiment of the concept of restorative justice, which can repair damaged social relations and play a positive role in reducing criminal responsibility. 3、 Strive for meritorious performance General meritorious service: In the process of investigation, prosecution or trial, if you can expose other people's criminal acts or provide important clues to solve other cases, it can be regarded as meritorious service. Meritorious service may be given a lighter or mitigated punishment. Major meritorious service: If you have made major meritorious service to prevent other people's major criminal activities, report major criminal activities inside and outside the prison and have been verified, and have inventions, creations or major technological innovations, you can try to reduce or exempt from punishment
#Latest Shandong Qingdao

September

twenty-five

Click the image for one-on-one consultation
#Latest Shandong Qingdao

September

twenty-three

Hello, how about the specific situation? Let's talk about it by phone
From question: I'm on bail?
#Latest Shandong Qingdao

September

twenty-three

Hello, can you talk about it in detail? I'll give you an answer
#Latest Shandong Qingdao

September

twenty-three

Hello, can you talk about it in detail? I'll give you an answer
#Marriage and family Shandong Qingdao

September

twenty-one

Hello, if your relationship doesn't break up, you don't agree to divorce, and can't get divorced at present
#Marriage and family Shandong Qingdao

September

twenty-six

Hello, have you solved the problem
#Marriage and family Shandong Qingdao

September

twenty-six

Hello, could you tell me more about it
#Marriage and family Shandong Qingdao

September

twenty-three

Active confession and repentance Voluntary surrender and confession: If you have not yet surrendered, you can consider voluntarily surrendering to the public security organ and truthfully confessing your crime. Voluntary surrender is a legally mitigated or mitigated punishment, which can reflect your repentance attitude. At the same time, in the investigation process, if you can actively cooperate with the investigation and take the initiative to account for your crime, you can also be regarded as confessing, thus obtaining leniency. Voluntary confession in court: If you can voluntarily confess your guilt and have no objection to the facts of the alleged crime during the court trial, it will help the court to determine your attitude of repentance and consider it when sentencing. 2、 Actively return stolen goods and compensation Returning stolen goods: If you have any illegal income, you should actively return it to the victim or relevant units. Returning stolen goods can reduce the loss of the victim, reflect your sincerity for repentance, and help to obtain a lighter or mitigated punishment. Repayment: If the victim has suffered economic losses due to fraud, you should actively compensate. Compensation for losses is an important embodiment of the concept of restorative justice, which can repair damaged social relations and play a positive role in reducing criminal responsibility. 3、 Strive for meritorious performance General meritorious service: In the process of investigation, prosecution or trial, if you can expose other people's criminal acts or provide important clues to solve other cases, it can be regarded as meritorious service. Meritorious service may be given a lighter or mitigated punishment. Major meritorious service: If you have made major meritorious service to prevent other people's major criminal activities, report major criminal activities inside and outside the prison and have been verified, and have inventions, creations or major technological innovations, you can try to reduce or exempt from punishment
#Criminal defence Shandong Qingdao

September

twenty-five

Click the image for one-on-one consultation
#Criminal defence Shandong Qingdao

September

twenty-three

Hello, how about the specific situation? Let's talk about it by phone
From question: I'm on bail?
#Criminal defence Shandong Qingdao

September

twenty-one

That court can entrust lawyers to handle cases and safeguard rights
#Criminal defence Shandong Qingdao

September

twenty-one

What legal issues do you need to consult? You can communicate specifically
#Traffic accident Shandong Qingdao

September

twenty-three

Specific analysis of specific problems Specific analysis of specific problems
#Traffic accident Shandong Qingdao

September

twenty-one

What legal issues do you need to consult? You can communicate specifically
#Traffic accident Shandong Qingdao

September

twenty-four

Conditions that may be lower than the blowing value: Alcohol metabolism factors: if the time for drinking has passed for some time and the body has begun to metabolize alcohol, the alcohol concentration in the mouth may be higher than that in the blood. Because the breath detection is mainly to detect the alcohol content in the exhaled gas, which will be affected by the residual alcohol in the mouth, while the alcohol content in the blood can more accurately reflect the overall alcohol metabolism. Therefore, as time goes by, the alcohol concentration in the blood may gradually decrease, resulting in a blood test result lower than the blowing value. Conditions that may be higher than the blowing value: Stomach alcohol absorption: If the gas blowing test is carried out soon after drinking alcohol, the alcohol may not be completely absorbed by the stomach into the blood at this time, but there is a high alcohol concentration in the mouth, in which case the gas blowing value may be lower than the alcohol concentration in the blood. With the continuous absorption of alcohol by the stomach, the alcohol content in the blood will continue to rise, and the blood test result may be higher than the blowing value. However, in general, the accuracy of blood alcohol detection is higher, and the results are more accurate and stable. In actual law enforcement, blood test results are usually used as the basis for the final determination of drunk driving or drunk driving. If the air blowing value reaches 142mg/100ml, which has far exceeded the drunk driving standard (blood alcohol content ≥ 80mg/100ml), the specific alcohol content and corresponding punishment need to be further determined by waiting for the blood test results.
#Traffic accident Shandong Qingdao

September

twenty-five

You can tell us what problems you are encountering. This will help you judge your situation and help you
From question: are you there?
#Creditor's rights and debts Shandong Qingdao

September

twenty-five

In this case, it can be settled by stages through negotiation. If it is not agreed, it must still need to be repaid
#Creditor's rights and debts Shandong Qingdao

September

twenty-four

It may be suspected of violating the law: in most cases, the lender's behavior of driving away at midnight without legal procedures may be suspected of violating the law. According to the law, the creditor shall realize the creditor's rights through legal means, such as consultation, litigation, application for court enforcement, etc. Driving a vehicle without permission may infringe your property rights. Special circumstances: if there is a clear agreement in the loan contract that the lender has the right to take back the vehicle when the borrower overdue repayment, and this agreement does not violate the mandatory provisions of the law, then the lender's behavior may be legitimate to a certain extent. However, even if there is such an agreement, the lender should exercise its rights at a reasonable time and in a reasonable way. The way of secretly driving away vehicles in the middle of the night is usually not reasonable.
#Creditor's rights and debts Shandong Qingdao

September

twenty-three

The guarantee fee in the loan is a reasonable fee charged by the guarantee company when providing guarantee services to the borrower. The borrower should understand the relevant laws, regulations and charging standards, choose a formal guarantee company to cooperate, and carefully read the contract terms when signing the contract to ensure that its own rights and interests are protected.
#Creditor's rights and debts Shandong Qingdao

September

twenty-five

Specifically, we can talk about the specific details of the contract and which aspects. If they can't be linked, we suggest that you save the evidence for prosecution
#Contract affairs Shandong Qingdao

September

twenty-six

Hello, you should sign labor contracts with workers according to law
#Contract affairs Shandong Qingdao

September

twenty-four

Read the lease contract carefully: determine the specific terms of the contract on overdue repayment, including whether the company has the right to take back the vehicle in case of overdue payment, the procedures for taking back the vehicle and the possible consequences. For example, the contract may stipulate that the company has the right to take measures such as taking back the vehicle after a certain number of consecutive overdue days.
#Contract affairs Shandong Qingdao

September

twenty-three

Hello, what do you want to consult
From question: My order?
#Contract affairs Shandong Qingdao

September

twenty-six

Hello, the end of the thumb is usually rated ten levels
#Damages Shandong Qingdao

September

twenty-five

Personal injury usually refers to the act (infringer or infringer) that causes injury to the body, health or life of others, or results in certain obstacles
From question: Personal injury?
#Damages Shandong Qingdao
 Wang Tongwei, Pingdu Lawyer
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  • In marriage, if the derailment leads to property problems, the court will combine various factors to decide. If the derailer is the main fault party, the innocent party may take more when distributing property. However, this is not certain. It also depends on the number of marital property and the economic strength of both parties.
    2024-09-26 10:12:00 Number of helpers: 1144
  • The court will give priority to the rights and interests of minors when dealing with the problem of raising children born out of wedlock. Children under the age of two are generally awarded to their mothers unless they are unable to perform their duties. For children over the age of two, the court will comprehensively evaluate the conditions of the parents and determine the custody right based on the healthy growth of the children. For children over the age of eight, the court will also consider their wishes.
    2024-09-26 10:12:00 Number of helpers: 1506
  • In a marriage relationship, one party's infidelity may have an impact on the division of property. However, the couple can still reach a property agreement through negotiation. During the negotiation, both parties should fully communicate to ensure that the agreement is legal, voluntary and in line with the actual needs of both parties. If the negotiation fails, it is also possible to resolve the dispute through litigation. The judge will make a fair decision on the division of property based on the comprehensive consideration of the situation of both parties.
    2024-09-26 10:12:00 Number of helpers: 1055
  • If the defendant does not appear in court during the re prosecution of divorce cases, the court may make a public announcement. This is to ensure that the plaintiff can obtain judicial relief according to law. The service of public notice is generally used when the defendant is lost or cannot be contacted. In this process, the court will hear and decide according to the provisions to ensure that the procedure is reasonable and lawful.
    2024-09-26 10:12:00 Number of helpers: 1475
  • The party is detained for five days for suspected crimes, which is only a temporary measure to restrict freedom, not a final punishment. It is usually the measures taken by the public security organ or the procuratorate against active criminals or major suspects in the investigation. Five days of criminal detention does not mean that the suspect is guilty. Conviction and conviction of a crime need to go through strict legal procedures, including investigation, review and trial.
    2024-09-26 11:08:00 Number of helpers: 1199
  • The law of our country allows drunken driving offenders who meet certain conditions to apply for a guarantor pending trial, which requires comprehensive consideration of such factors as the seriousness of the crime, social harmfulness, serious illness, inability to take care of themselves, pregnancy and lactation, and the unsettled cases at the end of custody. If all conditions are met, bail measures can be applied for.
    2024-09-26 11:08:00 Number of helpers: 1896
  • The "crime of helping trust" is also the crime of helping information network criminal activities. The term of detention of the criminal suspect usually does not exceed 37 days. The specific conviction and sentence need to comprehensively consider the specific circumstances of the case, the impact and the degree of harm and other factors. If the circumstances of the crime are relatively minor, he may be sentenced to fixed-term imprisonment of not more than three years, criminal detention and a fine. However, the specific penalty should be determined according to the actual situation of the case, the consequences of the crime and other dimensions.
    2024-09-26 11:08:00 Number of helpers: 1756
  • After criminal detention, the detainee's meals may be restricted. This measure is a temporary means of deprivation of liberty adopted by the public security and procuratorate to investigate the emergency situation in the case and curb the current crime or major suspicion. During the period of detention, food and drink are uniformly supplied according to the regulations of the detention center, which can guarantee the basic survival needs of the detainees. Their eating habits also need to adapt to centralized management arrangements.
    2024-09-26 11:08:00 Number of helpers: 1386
  • During the probation period, if the employer does not dismiss the employee according to the legal procedures, the employee can protect his/her rights and interests through labor arbitration. If the employer dismisses the employee on the grounds that the employee does not meet the employment standards, but cannot provide specific employment standards or evaluation basis, such dismissal is usually illegal and invalid. Employees should arbitrate according to law to ensure that their legitimate rights and interests are not infringed.
    2024-09-26 10:10:00 Number of helpers: 1850
  • There are clear time limits for the acceptance and hearing of labor arbitration. The Arbitration Commission will decide whether to accept the arbitration application within 5 working days after receiving it and notify the applicant in writing. If accepted, the award shall be made within 45 days; If the case is complicated and needs to be postponed, the longest time of postponement shall not exceed 15 days after being approved by the director.
    2024-09-26 10:08:00 Number of helpers: 1363
  • There are four steps to deal with labor disputes: consultation, mediation, arbitration and litigation. Consultation means that both parties communicate directly and resolve disputes gently. Mediation is the coordination of professional institutions to reach consensus. Arbitration is a legal procedure. If you are dissatisfied with the first two steps, you can apply. If you have any objection to the arbitration award, you can bring a lawsuit to the court.
    2024-09-26 10:08:00 Number of helpers: 1436
  • If the unit fails to pay social security according to law, you can protect your rights and interests by applying for labor arbitration. Evidence such as labor contract and wage bill shall be prepared to prove the existence of labor relationship. In China, arbitration institutions usually accept the case in a timely manner and conduct mediation or hearing according to relevant laws and regulations. Once it is confirmed that the unit has violated the law, the arbitration institution will rule the unit to make up the social insurance.
    2024-09-26 10:06:00 Number of helpers: 1147
  • In the case of death caused by car collision, whether it constitutes a traffic accident crime requires comprehensive consideration of multiple factors, such as illegal driving (speeding, drunk driving, unlicensed driving), which leads to accidents, casualties and major property losses, is usually judged as a traffic accident crime. However, the specific judgment depends on the cause of the accident, the severity of the fault and the consequences. For example, if a pedestrian illegally breaks into the lane, causing an accident that the driver cannot avoid, and the driver does not violate the rules, it will not be generally judged as a traffic accident crime.
    2024-09-26 11:08:00 Number of helpers: 1301
  • According to the law, if a drunk driver is found guilty of "dangerous driving", he will be sentenced to one month's imprisonment and detained in a detention center. This is a temporary compulsory measure taken by the public security organ and the procuratorate when dealing with specific cases. Its purpose is to restrict the freedom of existing or major suspects, so as to smoothly promote the investigation and litigation of cases.
    2024-09-26 11:02:00 Number of helpers: 1992
  • In a traffic accident case, if the circumstances are relatively minor and a lighter penalty may be imposed, the procuratorate may decide not to prosecute after examination. For example, the perpetrators actively compensate and gain understanding, and at the same time, there are circumstances such as voluntary surrender, confession and repentance, which help to reduce criminal responsibility, and may even be considered as minor crimes, so the principle of immunity from prosecution is applicable.
    2024-09-26 10:56:00 Number of helpers: 1914
  • The main criterion for judging dangerous driving in China is the blood alcohol content. Drunken driving is considered to be more than 80mg/100ml, according to the GB19522-2010 standard. Drunken driving is dangerous, easy to cause accidents and endanger public safety. Once found, criminal responsibility will be investigated. This standard is mainly to protect the safety of everyone, so that everyone has fewer accidents, fewer injuries or even no injuries.
    2024-09-26 10:54:00 Number of helpers: 1097
  • If the person subjected to execution fails to perform his legal obligations, the court has the right to auction the sealed up or distrained property. For the property that has been sealed up or detained, if the debt is not paid off, the court will start the judicial auction procedure. If the property is not suitable for auction, or both parties agree, the court will entrust relevant departments to sell it openly or covertly.
    2024-09-26 10:14:00 Number of helpers: 1925
  • If your friend doesn't pay back the money, you can go to the court to sue him. You should submit a petition and a copy. If you find it difficult to write a complaint, you can also make an oral complaint. The court will record it and tell both of you. If the court decides that you win the case or the mediation statement comes into effect, but your friend still doesn't pay back the money, you can apply to the court for enforcement. If he doesn't pay back the money all the time, the court will transfer the case to the executors for them to deal with. In short, you can solve the problem of arrears through legal means, which is the most effective way.
    2024-09-26 10:14:00 Number of helpers: 1623
  • If the individual does not pay back the money, the creditor can go to the court to file a civil lawsuit. In the court, the creditor should show evidence to prove the existence of the creditor debtor relationship, such as the loan agreement or the IOU. Creditors should first prove their identity, then ask the debtor to pay back the money, and also explain the facts and reasons of the loan. If the evidence is sufficient and the debtor does not pay back the money, the court will accept the case.
    2024-09-26 10:14:00 Number of helpers: 1422
  • In the face of non payment of arrears, creditors can go to the people's court with jurisdiction to file a lawsuit to recover the arrears through legal means. If the debtor does not pay back the money, the creditor can apply to the basic court for a payment order, so that the court can urge the debtor to pay back the money, which can better protect their legitimate rights and interests.
    2024-09-26 10:14:00 Number of helpers: 1718
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 Wang Tongwei, Pingdu Lawyer
Hello! I'm Wang Tongwei, a lawyer from Pingdu City. I can always have legal problems Consult me