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According to Article 264 of the Criminal Law of the People's Republic of China, the crime of theft includes five elements: theft of public and private property, the amount reaches the crime standard, repeated theft increases the penalty, burglary and other special circumstances. Trespassing into others' residence for a long time without authorization, even if no property is stolen, may also constitute the preparation or indirect principal of theft. If other theft acts are carried out at the same time, "burglary" and "theft" may be violated. Those who live illegally but do not steal but cause property damage may be suspected of the crime of illegal intrusion into housing. Whether it constitutes a crime and what kind of crime should be judged according to the specific facts and circumstances. #Criminal defence 1277 readings -
According to the relevant legal provisions in the Criminal Procedure Law of the People's Republic of China, we can clearly know that the important matter of obtaining a guarantor pending trial can be handled jointly by the court, the procuratorate and the public security organ. In actual operation, if the criminal suspect or defendant meets one of the four specific conditions specified in this article, they are eligible to apply for and obtain the approval of obtaining a guarantor pending trial. It is worth noting that the public security organ will be solely responsible for the specific implementation of the bail pending trial. Therefore, we have reason to believe that the court also has the legal responsibility and power to handle bail pending trial. #Criminal defence 975 readings -
According to Article 86 of the Criminal Procedure Law of the People's Republic of China, the public security department must interrogate the suspect within 24 hours after he is detained when performing his detention duties. If, upon examination and judgment, the case party does not need to be detained, he or she must be released immediately, and the corresponding release certificates must be issued. Therefore, the public security organ has the obligation to interrogate the person involved in the criminal detention within the statutory time limit. If it is determined that the person does not commit any crime or should not continue to be detained, he must be released in accordance with relevant laws. #Criminal defence 1402 readings -
If the behavior does not meet the standards required by the crime of dangerous driving, the relevant provisions of Article 133-1 of the Criminal Law of the People's Republic of China cannot be invoked. According to the principle of a legally prescribed punishment for a crime, only when the law clearly defines a certain act as a crime can criminal responsibility be investigated for such acts. In other words, if a certain act does not meet the specific circumstances of the dangerous driving crime listed in the above articles of law, it means that it does not have the qualification to constitute the crime. If there are other illegal acts, we should follow the provisions of other relevant laws and regulations to deal with them accordingly. #Criminal defence 848 readings
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If the criminal suspect or defendant fails to meet the conditions for obtaining a guarantor pending trial as stipulated in the above legal provisions, they may continue to be detained for trial or other compulsory measures. As for the specific measures to be implemented, it needs to be determined according to the actual situation of the case and the judgment of the judiciary. If the requirements for obtaining a guarantor pending trial cannot be met, but the standards for other compulsory measures, such as residential surveillance, may also be taken. In the case that all coercive measures cannot be applied, they may need to continue to be detained until the case is heard or the judgment is executed. #Criminal defence 1414 readings -
According to Article 97 of the Criminal Procedure Law of the People's Republic of China, as a people's court, procuratorate and public security organ, we will make a final decision within three working days when we receive an application for changing the compulsory measures. Therefore, when a person suspected of committing a crime, the defendant, his or her legal representative, close family members, and the defense lawyer file an application for obtaining a guarantor pending trial, they should wait for the court, the procuratorate, or the public security organ to give a decision within three days after submitting the application. If there is any objection to this decision, the relevant department must notify the applicant in time and explain our reasons in detail. #Criminal defence 871 readings -
According to the explicit provisions of Article 234 of the current Criminal Law of the People's Republic of China, anyone who intentionally harms another person's health will be sentenced to fixed-term imprisonment of not more than three years, detention or public surveillance. Those who suffer serious injuries will be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years. If it leads to the unfortunate death of citizens or severely injures others by extreme cruel means and causes serious disability, it may face more than 10 years of imprisonment, life imprisonment or even death penalty. Therefore, as far as the verdict result of intentional injury crime is concerned, its seriousness and the final result will play a decisive role. #Criminal defence 814 readings -
According to the explicit provisions of Article 67 of the Criminal Procedure Law of the People's Republic of China, even when the criminal suspect or defendant has been detained and arrested, if any of the circumstances mentioned in the above legal provisions occurs, if it is possible to be sentenced to fixed-term imprisonment or more and implement the bail pending trial, it will not cause harm to society, Or when the term of custody is about to expire or the case is still pending trial, the People's Court, the People's Procuratorate and the public security organ may jointly decide to take bail pending trial measures for them. Therefore, after being detained and arrested, it is still possible to apply for and obtain the approval of obtaining a guarantor pending trial. #Criminal defence 921 readings
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Lighter punishment Zhang XX, Criminal First Instance Agent: defendant result: Lighter punishment -
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> -
Agent: plaintiff result: My value: Detailed case> -
Agent: defendant result: My value: Detailed case>
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