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How to judge whether the behavior of the perpetrator is serious

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How to judge whether the behavior of the perpetrator is serious


        

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  • 2024-06-06 05:01:39

    Judging whether the behavior of the perpetrator is serious can be carried out from the following aspects:

    1. Ways and means of behavior. The way and means of behavior play a decisive role in the size of the harm result, and also have a great impact on the degree of social psychological harm. Therefore, when determining whether the circumstances are serious, we should examine whether the perpetrator has used violence, threats and other means, and whether he has used public or organizational methods.

    2. The direct harmful results and indirect adverse consequences of the behavior. The direct harm result is that the behavior directly damages the society. Indirect adverse consequences refer to the adverse effects of behavior on society or the damage caused indirectly. Whether the perpetrator caused the victim to commit suicide, caused heavy losses to public and private property, and caused serious disorder in public places are important factors to determine whether the circumstances are serious.

    3. Time and place of action. The social impact of the same behavior is different when it is implemented at different times and places. Of course, making trouble in public during the day is more harmful than in the wild at night.

    4. The consistent performance of the actor. The consistent performance of the actor shows the size of the actor's subjective malignancy, which determines the difficulty of the actor to accept transformation. It is also an important aspect to determine whether the plot is serious whether or not it has repeatedly provoked trouble and refused to correct after repeated admonitions.

    [Legal Basis]

    Article 13 of the Criminal Law states that everything that endangers national sovereignty, territorial integrity and security, splits the country, subverts the people's democratic dictatorship, overthrows the socialist system, undermines social and economic order, infringes on state-owned property or property collectively owned by the working people, infringes on property privately owned by citizens, and infringes on citizens' personal rights, democratic rights and other rights, And other acts endangering society that should be punished according to law are crimes, but if the circumstances are obviously minor and the harm is not serious, they are not considered crimes.

    1***

    2024-06-06 05:01:39

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