Will the death penalty be imposed on a woman who commits a crime of pregnancy: 1. According to Article 49 of the criminal law, the death penalty is not applicable to those who are under the age of 18 at the time of the crime and women who are pregnant at the time of trial. At the same time, article 251 of the criminal procedure law also stipulates that if the people's court discovers that a criminal is pregnant when executing the death penalty, it shall stop the execution and immediately report to the Supreme People's court to change the sentence according to law. 2. According to the provisions of Article 49 of the criminal law and the reply of the Supreme People's Court on the specific application of law in the trial of serious criminal cases by the people's court and the reply on whether the death penalty can be applied to the trial of spontaneous abortion of pregnant women during custody, it is clear that after a pregnant woman's spontaneous abortion is suspected of committing a crime, it is clear that, Those who are also prosecuted or handed over for trial because of the same fact shall be regarded as "pregnant women at the time of trial", and death penalty shall not be applied according to law. To sum up, in China, women's pregnancy crime will not be sentenced to death.
Is it a crime to cheat insurance money: if the amount of insurance fraud reaches a certain amount, it will definitely constitute a crime! In one of the following circumstances, insurance fraud activities are carried out, and the amount is relatively large, which constitutes a crime. （1） An applicant intentionally fabricates the subject matter of insurance to defraud the insurance money; (2) the applicant, the insured or the beneficiary defraud the insurance money by fabricating false causes of the occurrence of the insurance accident or exaggerating the extent of the loss; (3) the applicant, the insured or the beneficiary fabricates an insurance accident that has not occurred to defraud the insurance money; (4) the applicant or the insured (5) the applicant or the beneficiary intentionally causes the death, disability or disease of the insured to defraud insurance money. Any appraiser, certifier or property appraiser of an insurance accident who intentionally provides false documents to provide conditions for others to defraud shall be punished as an accomplice in insurance fraud.
How to punish the accomplice in criminal cases: the status and role of each accomplice in the joint crime are different, so we should treat them differently. In China's criminal law, accomplices, abettors and coerced accomplices are classified into four types. Among them, the accomplice is relatively special. According to the provisions of the criminal law, the accessory should be given a lighter or mitigated punishment or be exempted from punishment. However, if there is a criminal record, the sentence should be appropriately heavier. Of course, the specific penalty of accomplice should be determined by the court after considering the circumstances of each sentence.
How to punish the illegal cultivation of opium poppy: Article 351 of the criminal law of the people's Republic of China stipulates that those who illegally cultivate opium poppy, marijuana and other original drug plants shall be forced to eradicate. In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined: 1. Planting more than 500 but less than 3000 opium poppies or other original plants of narcotic drugs in relatively large quantities; 2. Planting again after being dealt with by the public security organ; 3. Resisting eradication. Whoever illegally cultivates more than 3000 opium poppies or other original plants of narcotic drugs in large quantities shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or be sentenced to confiscation of property. Whoever illegally cultivates opium poppy or other original plants of narcotic drugs and automatically uproots them before harvest may be exempted from punishment.
How to punish the low-speed driving on high-speed roads: it is illegal to drive at low speed on high-speed roads, and it also needs to bear the punishment of illegal behaviors. If it is less than 20% of the minimum speed limit, it will not be fined, but if it is lower than 20% of the minimum speed limit, it will be fined 200 yuan and 3 points. If the speed of the vehicle is lower than the minimum speed limit due to bad weather such as road construction, traffic jam, rain and fog, no penalty will be imposed.
Can parents not appear in court to prove their children's crimes: in court, it is not uncommon for the procuratorial organs to apply to the court for parents to testify as witnesses in order to prove the facts of the case. But it would be cruel and inhumane to have one's own parents testify their children's crimes in court. Therefore, Article 188 of China's Criminal Procedure Law stipulates that if a witness fails to testify in court without proper reasons after being informed by the people's court, the people's court may compel the witness to appear in court, except for the spouse, parents and children of the defendant. This provision is what people call "concealment system". The system of concealment is a great embodiment of humanization of law in China. Because this is against the feelings of ordinary people. It is an embodiment of humanization of criminal law in China that the law should face up to the existence of this kind of kinship and tolerate the mutual concealment between relatives.
How to judge the crime of disrupting social order: there are many charges of disturbing social order. Take the crime of gathering people to disturb social order as an example. The crime of gathering people to disturb social order refers to the act of gathering people to disturb social order, and the circumstances are serious, which makes work, production, business, teaching and scientific research unable to be carried out and causes serious losses. According to Article 290 of China's criminal law, if people are gathered to disturb social order and the circumstances are so serious that work, production, business, teaching and scientific research cannot be carried out and serious losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; and those who actively participate in the activities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crime of threatening to intimidate by sending text messages: it is difficult to convict this kind of behavior if it only sends such messages to one or several specific people without causing any adverse consequences and harm. In criminal law, such behavior is called "expression of criminal intent", which is only the expression of some bad intention or criminal intention of the perpetrator, rather than specific injury behavior. Criminal law punishes behavior, not expression of criminal intent, so such behavior can not be punished by crime. However, it is clearly stipulated in Article 42 of the people's Republic of China on administrative punishment for illegal acts.
Can the police make rounds at will: they can, but they can't. 1. According to Article 6 of the police law: (6) to manage the special industries prescribed by laws and regulations; 2. If it is obviously beyond the scope of normal duties (such as short-term repeated rounds and multiple rounds without reasonable reasons, seriously harassing tenants and affecting normal business), it can be reported to the supervision Department of the public security organ.
What kind of criminals should be subject to the control penalty: control is a penalty method that is decided by the people's court, does not detain criminals, but restricts certain freedom, and is controlled by the public security organs and supervised by the masses. Regulation is the lightest principal punishment, and it is a kind of original punishment in China. In the long-term struggle against crime, it has been proved that control is an effective punishment method. For criminals who commit minor crimes and should be sentenced, but do not need to be detained, the application of control and the supervision and reform among the masses can reduce the number of arrests and the burden on the state. Control is one of the lightest penalty methods in our country. It is suitable for criminals who do not need to be detained because of their lighter crime and less personal danger. The object of control has the following characteristics: 1. The nature of the crime is light and the harm is small. According to the specific provisions of the criminal law of our country, the crimes that can be controlled mainly focus on the crimes of disrupting the social management order and impairing marriage and family. The common characteristics of these crimes are that the nature of the crimes is not very serious and the social harmfulness is small. 2. Personal risk is low. Control does not deprive criminals of their personal freedom, but restricts their personal freedom to a certain extent. Therefore, the criminals who apply the control punishment must be those with less personal risk. If the personal danger of crime is very high, the control will be difficult to achieve the purpose of crime prevention.
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