Can the court change the conviction of the procuratorate: the court judges the case as heavy evidence, and if the evidence provided by the procuratorate is conclusive, the court will sentence according to the evidence. If the evidence is untrue, the court will send it back for a new investigation. Article 176 (2) of the interpretation of the Supreme People's Court on Several Issues concerning the implementation of the criminal procedure law of the people's Republic of China stipulates: "if the facts of the accusation are clear, the evidence is true and sufficient, and the accusation is inconsistent with the accusation recognized by the people's court, a guilty judgment shall be made."

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Semi prime Silver lawyer 2020-06-22 10:30:15

Can only confession be convicted? No, we should attach importance to evidence, investigation and research, and not credulity to confession in all cases. If there is no other evidence, the defendant cannot be found guilty and punished; if there is no confession, and the evidence is indeed sufficient, the defendant can be found guilty and punished. The evidence should meet the following conditions: (1) the facts of conviction and sentencing are proved by evidence; (2) the evidence based on the final decision is verified by legal procedures; (3) based on the evidence of the whole case, the facts identified have been excluded from reasonable doubt.

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Chi Tai min lawyer 2020-06-22 10:28:42

The criteria for the identification of crimes committed by evil forces: generally, there are more than three evil forces, and the gatherers are relatively fixed. The main illegal and criminal activities are forced trading, intentional injury, illegal detention, extortion, intentional destruction of property, mob fighting, provocation and trouble making, etc. at the same time, it may also be accompanied by the implementation of the establishment of casinos, organization of prostitution, forced prostitution, drug trafficking, transportation of drugs, drug manufacturing Robbing, robbing, gathering to disturb social order, gathering to disturb public place order, traffic order and gathering to "smash, smash and rob" etc. In the relevant legal documents, we can use the expression of "evil force" to describe the criminal facts. The "evil forces" usually have three basic characteristics: (1) organizational characteristics: generally, there are three or more people, and the group members and backbone members are relatively fixed, and often group together to carry out illegal and criminal activities. In practice, the aggregation is usually random and the organization is loose. （2） Behavior characteristics: it is mainly manifested in extortion, forced trading, mob fighting, provocation and trouble making by means of violence or threat, etc., and it may also be accompanied by the implementation of opening casinos, organizing prostitution, forced prostitution, drug trafficking, drug transportation, drug manufacturing, robbery, robbery, mob disturbance of social order, mob disturbance of public place order and traffic order Gather people to "smash, smash and rob" and so on.

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Alexander lawyer 2020-06-19 19:23:06

What does conviction not arrest mean: Conviction does not arrest, is suspected of a crime but there is no need to arrest or there is a legal situation should not be arrested. After the decision is made, the criminal suspect will be released, and the public security organ will take other compulsory measures not restricting personal freedom, such as obtaining a guarantor pending trial and residential surveillance. Conviction without arrest is not equal to non prosecution. Arrest and prosecution are two links of criminal proceedings, which are implemented by different departments of the procuratorate. The former is handled by the arrest department, and the latter is handled by the prosecution department. Whether to arrest is only a matter of deciding whether to restrict the personal freedom of the criminal suspect, which is a matter of procedure; whether not to prosecute is a matter of deciding whether to transfer the criminal suspect for prosecution and trial after the investigation is over, which is a matter of substance.

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Alexander lawyer 2020-06-19 19:19:52

What is the crime of maliciously asking for salary: maliciously asking for salary may constitute the crime of extortion or the crime of provocation. It depends on the way of asking for salary, which is not illegal. The crime of provocation refers to the act of wanton provocation, beating or harassing others at will, or damaging or occupying public or private property at will, or making trouble in public places and seriously damaging social order. The crime of extortion refers to the act of illegally occupying the public and private property of the victim by means of intimidation, threat or blackmail.

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Chi Tai min lawyer 2020-06-19 19:11:41

What are the applicable conditions of the quick adjudication procedure: for a case under the jurisdiction of a grass-roots people's court that may be sentenced to a fixed-term imprisonment of not more than three years, if the facts of the case are clear, the evidence is true and sufficient, and the defendant pleads guilty and admits punishment, and agrees to use the quick adjudication procedure, the quick adjudication procedure may be used, and the judge shall be the sole judge. When initiating a public prosecution, the people's Procuratorate may recommend that the people's court apply the procedure of expedited adjudication. The application of quick adjudication procedure in the trial of cases is not limited by the time limit for service stipulated in the criminal procedure law, and generally there is no court investigation or court debate, but the opinions of the defenders and the final statements of the defendants should be heard before the judgment is pronounced.

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Sakamoto lawyer 2020-06-18 14:42:06

Can sexual harassment be prosecuted after many years: whether sexual harassment can be prosecuted after many years involves the issue of limitation of action. According to the general provisions of the civil law, the limitation period of action for applying to the people's court for the protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail. The limitation period shall be calculated from the date when the obligee knows or ought to know that the right is damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if the right has been damaged for more than 20 years, the people's court shall not protect it; if there are special circumstances, the people's court may decide to extend it on the application of the obligee. The limitation period of action for the right to claim compensation for sexual damage suffered by minors shall be calculated from the date when the victim reaches the age of 18. The people's court shall not voluntarily apply the provisions of limitation of action. At the same time, the limitation of action is also subject to the provisions of suspension, interruption and extension as stipulated by law. If the circumstances of sexual harassment are serious enough to constitute a crime and the victim complains, the provisions of the criminal procedure law on the limitation of prosecution shall apply. If the circumstances of sexual harassment are serious enough to constitute a crime of forced indecency or insult, which means forcibly molesting others or insulting women by violence, coercion or other means, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever gathers people or commits the crime in public, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years. According to the provisions of the criminal procedure law on the limitation of prosecution, the limitation of prosecution for this crime is 15 years.

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Alexander lawyer 2020-06-18 14:40:41

What to do if the crime of omission is found after the execution of penalty: if the crime of omission is found after the execution of penalty, if the crime of omission is within the limitation of prosecution, it needs to be prosecuted separately for the crime of omission. If it is not within the limitation of prosecution, it can no longer be prosecuted. A crime shall not be prosecuted after the following periods: (1) five years if the maximum punishment prescribed is fixed-term imprisonment of less than five years; (2) ten years if the maximum punishment prescribed is fixed-term imprisonment of more than five years but less than 10 years; (3) fifteen years if the maximum punishment prescribed is fixed-term imprisonment of more than 10 years; (4) twenty years if the maximum punishment prescribed is life imprisonment or death penalty. If, after 20 years, it is deemed necessary to prosecute, it shall be reported to the Supreme People's Procuratorate for approval. The omission found after the execution of penalty cannot be punished together with the previous one. If, after the judgment is pronounced and before the execution of the penalty is completed, it is found that there are other crimes for which the sentenced criminal has not been adjudicated before the judgment is pronounced, a judgment shall be made for the newly discovered crimes, and the penalty to be executed shall be determined by the penalty imposed by the two previous and subsequent judgments. The term of the sentence already executed shall be counted within the term determined in the new judgment. The time condition of combined punishment for several crimes is "after the judgment is pronounced, before the execution of punishment is completed".

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Root mean respect lawyer 2020-06-18 14:39:22

Punishment measures for test cheating: the punishment for the violation of disciplines and rules of the examinees in the qualification examination of professional and technical personnel can be divided into the following four levels: 1. The treatment for the invalid test results of the current subject; 2. The treatment for the invalid test results of all subjects of the current subject, and the violation of disciplines and rules shall be recorded in the integrity archive of the qualification examination of professional and technical personnel, with a record period of five years ; 3. Give them the treatment of invalid test results of all subjects in the current time, and record their violations of disciplines and regulations in the integrity archive of professional and technical personnel qualification examination for a long time; 4. Terminate their continuous participation in the examination and order them to leave the examination room. Those who violate the law of the people's Republic of China on administrative penalties for public security and other laws and regulations shall be handed over to the public security organ for handling according to law; those who constitute a crime shall be investigated for criminal responsibility according to law.

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Sakamoto lawyer 2020-06-17 10:25:21