Lawyer's Moments Professional · Insightful · Interesting

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.

5W+ 0
Sakamoto lawyer 2020-07-07 14:36:47

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.

4W+ 0
Chi Tai min lawyer 2020-07-07 14:34:19

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.

5W+ 0
Sakamoto lawyer 2020-07-06 11:16:31

How to distinguish behavior crime from consequential crime: (1) the concept of liability based on consequence is a criminal law concept which has been continued in the early criminal law. Although we do not agree that the standard of accomplished crime is whether the result occurs or not, many crimes do take the occurrence of result as the main sign of accomplished crime. It is in line with the traditional thinking that such crimes should be classified as consequential crimes. Because the accomplished crime is a common form of crime, it is of practical significance to establish the above concept for the study and punishment of accomplished crime. (2) Although the principle of punishment for the unfinished form of crime in our criminal law is different from that in the civil law countries, the legal punishment in the specific provisions of the criminal law of our country is based on the punishment of accomplished crime. That is to say, legislators should consider the social harmfulness of the accomplished form of the crime when allocating legal punishment to the crime, so as to make the crime and punishment adapt to each other. Therefore, according to the accomplished standard theory, the research on the result crime and the behavior crime conforms to the legal punishment disposition law, which is helpful to the coordination of the legal punishment system.

5W+ 0
Root mean respect lawyer 2020-07-06 11:08:44

Is burglary an act crime: the eighth amendment to the criminal law defines burglary, theft with lethal weapons, pickpocketing and other acts as theft. The judicial interpretation defines the burglary as "Burglary", which illegally enters the home for other people's family life and is relatively isolated from the outside world. It does not distinguish between accomplished theft and attempted theft, so the above-mentioned acts belong to behavioral crimes. However, there are also accomplished and attempted crimes. The end of the perpetrator's act is the accomplished crime, and the perpetrator's failure to finish the act due to reasons other than will is the attempted crime. Burglary should take the perpetrator's control of property indoors as a sign of the completion of the act. Controlling property indoors constitutes accomplished crime, while failure to control property for reasons other than will is an attempted crime.

5W+ 0
Alexander lawyer 2020-07-06 10:36:48

What are the manifestations of the crime of Embezzlement: 1. The act of holding others' property by proper, good faith and legal means. This is an important prerequisite for the constitution of this crime, and also an important feature that distinguishes this crime from other crimes. There are various forms of legal possession, such as accepting gifts from others, legal transactions, etc., but there are only three kinds of legal possession of this crime as stipulated in the criminal law: (1) custody on behalf of others, including collection and management of their properties entrusted by others, such as deposit and temporary care, and custody of other people's property for no reason of management without being entrusted by others It includes the property entrusted by him in accordance with the relevant provisions, and the property held by David in accordance with certain contracts such as loan, lease, entrustment, consignment, transportation, etc.; (2) collecting other people's forgotten things; (3) excavating other people's buried objects, but such excavation cannot be illegal. 2. It must be the act of illegally occupying others' property and refusing to return it. The so-called possession for one's own property refers to that the property, forgotten property or buried object that should be handed over to others for their own custody should be regarded as their own property, and be disposed of, used and profited from without authorization as the owner. The so-called refusal to return refers to the refusal to return others' property that should be returned according to law and in accordance with the contract.

5W+ 0
Sakamoto lawyer 2020-07-03 11:13:18

Don't you still violate the law when you pick up something: it's illegal to refuse to return it. If the amount reaches the standard of criminal investigation and refuses to return it, the criminal responsibility can be investigated according to the crime of embezzlement. The crime of misappropriation refers to the act of refusing to return the property, forgotten property or buried object which is handed over to oneself for the purpose of illegal possession.

5W+ 0
Root mean respect lawyer 2020-07-03 11:11:47

Should children be compensated when parents commit crimes: whether children should be compensated depends on the circumstances. First of all, parents commit crimes and cause certain personal or property damage. The victim has the right to claim compensation. Parents should compensate for their own property. If the property owned by parents is sufficient to pay off the loss of the victim, children have no obligation to compensate Secondly, when the parents cause damage to the victim and they are dead, or they are not dead but have insufficient compensation ability, when the victim claims compensation, their children should bear the responsibility of compensation. However, there is an exception when the victim brings an incidental civil action or a separate civil action to claim compensation for mental loss due to criminal infringement, the people's court will not accept it. When the victim claims compensation, the people's court may mediate or make a judgment or order according to the material loss. When necessary, the people's court may take preservation measures to seal up, detain or freeze the property of the defendant. The plaintiff or the people's Procuratorate in an incidental civil action may apply to the people's court for preservative measures.

5W+ 0
Alexander lawyer 2020-07-03 11:10:46

Where to report the crime of false litigation: the crime of false litigation is a case of public prosecution, which is under the jurisdiction of the public security organ. If the evidence is conclusive enough to constitute a crime, it shall be transferred to the procuratorate for examination and prosecution, and the procuratorate shall initiate a public prosecution in accordance with the law, and the people's court shall try and make a judgment. False litigation refers to the action of malicious collusion between the two parties in civil litigation, conspiring to prepare false facts and evidence to bring a lawsuit to the court, using the judicial power and executive power of the court to illegally occupy or damage the property or rights and interests of the state, the collective and citizens. Penalty provisions: Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

4W+ 0
Alexander lawyer 2020-07-02 11:04:21

How to identify Citizenship: a citizen is a person who enjoys the right to manage public affairs such as society and state, which is the definition of citizen. A citizen should be a person with the ability to manage public affairs such as society and state: This is citizenship or citizenship. On the one hand, according to the principle of equality of political rights, every citizen should have political rights and the political rights to manage public affairs such as society and state; on the other hand, according to the nature of human being as a political animal, every citizen has the political ability to manage public affairs such as society and state: real or potential. Therefore, every citizen should have citizenship, become a citizen, and be engaged in the management of the society and the state.

5W+ 0
Sakamoto lawyer 2020-07-02 11:03:12

Exchange & Communication

Platform for Global Lawyers

Tips for “Retaining a Lawyer”
Q: How do you use “retain a lawyer” function?

A:

You may search the lawyers’ name or search by nationalities, regions, and specialties for specific lawyers; and sort or screen lawyers on line or off line or by other means. You may click on the lawyer's name or profile photo to enter his or her personal website for more details. (For the sake of simplicity, the legal professionals which include “lawyers” and “legal counsels” are collectively refers to “lawyers” herein.)
Q: How do you get a comprehensive ...?

A:

You may enter the lawyer’s personal website details page for more information. The lawyer's details page will display the following: 1. Personal information; 2. Consultations and discussions of the lawyer; 3. the lawyers’ postings; 4. review articles; 5. Cases.
Q: May I have online consultation with a lawyer?

A:

You may click the “Chat” button on the lawyer’s business card or yellow page, to enter into a chat window. You may also add a lawyer to your address book by “Add as Friend” function.