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Non smoking store manager is guilty or not

According to Article 176 of the Criminal Law of the People's Republic of China, the crime of illegal absorption of public deposits refers to the absorption of public funds by illegal means and the disruption of financial market order. If the shopkeeper is suspected of such acts, it is necessary to comprehensively consider whether their acts constitute elements of crime, the amount involved and the impact. Once convicted, he/she may face fixed-term imprisonment of not more than three years or not less than three years but not more than 10 years and be fined; If the circumstances are especially serious, he may be sentenced to fixed-term imprisonment of not less than 10 years and a fine. Voluntary surrender and return of stolen goods may be given a lighter or mitigated punishment. The final judgment shall be based on the actual situation. #Criminal defence 1286 readings
How long is the detention time for robbery

In China, according to Article 91 of the Criminal Procedure Law of the People's Republic of China, after investigating a detainee, the public security organ shall, if necessary, submit a request for examination and approval to the procuratorate within three days of the detention period. Under special circumstances, the time can be extended to 30 days. The procuratorate shall decide whether to approve the arrest within seven days after receiving the request. In case of disapproval, the public security organ shall immediately release the detainee and, if necessary, take measures of obtaining a guarantor pending trial or residential surveillance. The whole process may last several days to several weeks, depending on the complexity of the case and the progress of the procedure. #Criminal defence 1393 readings
How to deal with theft at the age of 17

According to the Criminal Code of the People's Republic of China, the conditions for the establishment of larceny include that the amount involved in the case reaches the statutory standard or specific theft is carried out, such as repeated theft, burglary, etc. A minor who commits theft at the age of 17 may be given a lighter or mitigated punishment in accordance with Paragraph 1 of Article 17 of the Criminal Law. The specific judgment needs to comprehensively consider such factors as the amount of theft, the circumstances of the crime, the criminal motivation of minors and the performance of repentance. Minor cases may be sentenced to fixed-term imprisonment of less than three years, detention or public surveillance, and a fine or a single fine; In serious cases, the punishment will be mitigated depending on the circumstances. #Criminal defence 940 readings
Can Drug Abuse Sentencing Be Bailed Awaiting Trial

According to Article 67 of the Criminal Procedure Law of the People's Republic of China, when drug abuse alone does not constitute a crime, it is not applicable to obtaining a guarantor pending trial. If drug abuse constitutes a crime, whether to obtain a guarantor pending trial requires comprehensive consideration: if it may be sentenced to control, detention or supplementary punishment, and does not pose a threat to public security; Or because of serious disease, pregnancy, lactation and other special circumstances, which do not affect public safety; Or when the detention period expires and the case is pending. If it is suspected of committing a crime and may be sentenced to more than fixed-term imprisonment, it is necessary to specifically analyze the case and legal provisions to decide whether to obtain a guarantor pending trial. #Criminal defence 846 readings

How many years is the prosecution period of corruption crime

According to Article 87 of the Criminal Law of the People's Republic of China, the limitation of prosecution for corruption crimes is related to the maximum legal punishment. If the maximum punishment does not exceed five years, the limitation of prosecution is five years; If the maximum punishment is 5 to 10 years, the limitation of prosecution is 10 years; If the maximum punishment is more than 10 years but less than life imprisonment or death penalty, the limitation of prosecution is 15 years; If the maximum punishment is life imprisonment or death penalty, the limitation of prosecution is 20 years. If it is necessary to prosecute after 20 years, it must be approved by the Supreme People's Procuratorate. The specific time limit of the limitation of prosecution shall be determined according to the maximum legal punishment for criminal acts. #Criminal defence 1191 readings
Is the crime of corruption an occupation of duty

There is a clear distinction between the crime of corruption and the crime of duty embezzlement in China's criminal law: the crime of corruption specifically refers to the illegal possession of public property by national public officials using their positions, while the crime of duty embezzlement refers to the illegal possession of their own property by employees of companies, enterprises and other units using their positions. The main difference between the two lies in the identity of the criminal subject and the nature of the criminal object. The subject of the crime of corruption must be a state functionary engaged in public affairs, and the object of the crime must be public property; The subject of the crime of official embezzlement is non state functionaries, and the object of the crime is only limited to the property of the unit. #Criminal defence 1103 readings
Will the crime of embezzlement be prosecuted after being returned to the financial department

According to Article 270 of the Criminal Law, the crime of embezzlement requires private prosecution. If the victim brings a lawsuit, the defendant will face prosecution, and the general defendant will not bear criminal responsibility if he does not sue or if he cancels the lawsuit. However, the judicial organ may decide to prosecute if the act causes significant damage or adverse effects. In practice, whether to prosecute is also affected by other laws and regulations. For example, if the amount of money is high but the victim does not prosecute, it should be evaluated in combination with the specific circumstances. If other constitutive requirements of the crime are met at the same time, accountability may also be pursued. In a word, prosecution depends on the victim's request and judicial judgment. If there is a request, it is usually prosecuted, otherwise, it is generally not actively prosecuted, unless there are special provisions. #Criminal defence 1036 readings
Is criminal detention a fugitive in a fight

Criminal detention caused by acts involving fighting does not necessarily constitute a criminal escape. The so-called fugitives usually refer to the suspects and defendants who deliberately evade investigation or trial in the process of criminal proceedings. If a person is held in criminal detention for taking part in a fight, but is subsequently tried in accordance with legal procedures and sentenced accordingly, he cannot be identified as a fugitive. However, if the person intentionally evades investigation during criminal detention, he may be regarded as a fugitive. The specific situation should be judged according to the actual situation of the case and legal procedures. #Criminal defence 1181 readings

Lighter punishment Zhang XX, Criminal First Instance

Agent: defendant result: Lighter punishment

My value: Strive for a lighter punishment for the party concerned Detailed case>
Uphold the original judgment Organizing online gambling is not only a loss of money, but also a prison!

Agent: appellant result: Uphold the original judgment

My value: Jia Xliang, Ye X, and Li Xjun, who provide gambling websites with gambling capital settlement in joint crimes and play an auxiliary role in joint crimes, are all accomplices and should be given a lighter punishment according to law. Jia Xliang and Li Xjun voluntarily surrendered to the case and were able to truthfully confess their crimes when they arrived at the case, which was voluntary surrender. Ye X was able to truthfully confess his crimes when he arrived at the case, which was confession and could be given a lighter punishment according to law Detailed case>
Criminal Judgment of First Instance on Liu X's Crime of Intentional Injury

Agent: plaintiff result:

My value: Detailed case>
The first instance criminal judgment of Shi XX and Zhao XX for the crime of causing trouble

Agent: defendant result:

My value: Detailed case>

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