Lawyer's Moments Professional · Insightful · Interesting

Can the testimony of multiple witnesses be convicted? Theoretically speaking, since the proof ability of the testimony of witnesses is confirmed, it should have the same effect as other kinds of evidence - it can be used as the basis of conviction after being investigated. However, it should be recognized that the testimony of the witness is inevitably subjective because it is a statement of the objective situation. Moreover, the confession of the defendant is also a kind of evidence. Objectively speaking, between the confession of the defendant and the testimony of the witness, the proving power of the confession of the defendant should be higher than that of the testimony of the witness. However, Article 46 of the criminal procedure law stipulates that "the sentence of all cases should attach importance to the evidence, the investigation and research, and not the oral confession. Only the confession of the defendant, if there is no other evidence, can not be found guilty and punished; if there is no confession of the defendant, and the evidence is indeed sufficient, the defendant can be found guilty and punished. " It is not necessarily that multiple witnesses can be convicted if their testimony points to the same person. They may also make false testimony. The police will analyze whether they can plead guilty according to the actual situation.

2W+ 0
Chi Tai min lawyer 2020-06-17 10:23:04

Will the property before the crime be confiscated? Confiscation of property is the confiscation of part or all of the property owned by the criminal. The so-called individual property of a criminal refers to the property actually owned by the criminal himself and the share of the property jointly owned by him and others according to law. The boundary between the property owned by the criminal himself and his family members or other people's property should be strictly distinguished. Only the property owned by the criminal himself according to law can be confiscated. As for whether the confiscated property is one part or all, the following factors should be taken into consideration: the severity of the principal punishment of the criminal; the economic situation of his family and the size of his personal danger. In the case of confiscation of all property, the necessary living expenses shall be reserved for the criminal himself and his dependants. In order to maintain the life of the criminal himself and his dependants. When sentenced to confiscation of property, property owned or due to the family members of the criminal shall not be confiscated. The so-called family owned property refers to the property solely owned by the family members themselves, such as the clothes worn by the family members themselves and the personal labor income property. Family members' due property refers to the share of property that should belong to the family members in the property jointly owned by the family. No part of the property jointly owned by a criminal and another shall be confiscated. To sum up, the scope of confiscation of property is all or part of the property owned by the individual of the criminal. The property owned by the criminal before the crime can still be confiscated.

3W+ 0
Sakamoto lawyer 2020-06-16 17:06:13

Can husband divorce in prison: Yes. In case of divorce with a prisoner, a lawsuit can be filed at the plaintiff's domicile. The people's court will mediate in prison according to the procedure of the lawsuit. If the couple's feelings are really broken, a divorce shall be decided according to law. Article 22 the following civil actions shall be under the jurisdiction of the people's Court of the place where the plaintiff has his domicile; if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's Court of the plaintiff's habitual residence: (1) actions concerning the identity of persons who do not live within the territory of the people's Republic of China; (2) actions against persons whose whereabouts are unknown or who have been declared missing A lawsuit concerning the status relationship; (3) a lawsuit against a person who has taken compulsory education measures; (4) a lawsuit against a person who has been imprisoned.

3W+ 0
Root mean respect lawyer 2020-06-16 17:04:35

Who will judge the crime abroad: according to the relevant provisions of the principle of territorial jurisdiction, when a citizen of a country commits a criminal crime in another country, he should be dealt with according to the principle of priority of the law of the country where the crime is committed, that is, the country where the crime is committed has priority jurisdiction. The laws of the host country shall apply to the general illegal acts of Chinese citizens in foreign countries. Criminal acts committed by Chinese citizens in foreign countries shall be dealt with in accordance with the laws of the host country. In addition, China will also investigate in accordance with Chinese law, but if the maximum punishment is fixed-term imprisonment of less than three years, China may not investigate; if the maximum punishment is fixed-term imprisonment of more than three years, if the punishment has already been imposed in a foreign country, the punishment may be exempted or mitigated. Article 7 of the criminal law stipulates that this Law shall apply to the crimes committed by citizens of the people's Republic of China outside the territory of the people's Republic of China, but no investigation shall be made if the maximum punishment prescribed in this law is fixed-term imprisonment of not more than three years. Article 10 provides that any person who commits a crime outside the territory of the people's Republic of China and is liable for criminal responsibility in accordance with this law may still be investigated in accordance with this law after being tried by a foreign country, but if he has already received criminal punishment in a foreign country, he may be exempted from or given a mitigated punishment.

2W+ 0
Alexander lawyer 2020-06-16 17:03:01

The crime of buying and selling other people's Bank Cards: first of all, it violates the provisions of the measures for the management of bank card business. The bank card and its account are only used by the cardholder approved by the issuing bank, and cannot be rented or lent. Secondly, the process of buying and selling bank cards may be accompanied by illegal holding of a large number of bank cards and other illegal acts, suspected of obstructing the management of credit cards. According to article 177-1 of the criminal law of the people's Republic of China, those who illegally hold other people's credit cards have a large number; those who use false identity certificates to swindle credit cards; those who sell or buy counterfeit credit cards for others or swindle credit cards with false identity certificates shall be investigated for criminal responsibility according to law. Once the crime is established, it can be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and a fine of not less than 20000 yuan but not more than 200000 yuan. In addition, the sale of bank cards may also involve the crime of selling resident identity cards. Article 17 of the law of the people's Republic of China on resident identity cards stipulates that anyone who falsely uses another person's resident identity card or uses a swindled resident identity card shall be investigated for criminal responsibility according to law if he purchases, sells or uses a forged or altered resident identity card.

3W+ 0
Alexander lawyer 2020-06-15 18:10:59

What accusations can domestic violence be prosecuted for: domestic violence directly affects the victim's body, causes the victim to feel physical or mental pain, and damages his physical health and personal dignity. Domestic violence occurs among family members living together in consanguinity, marriage and adoption, such as husband to wife, parents to children, adult children to parents, etc. women and children are the main victims of domestic violence, and some middle-aged and old people, men and disabled people will also become victims of domestic violence. What accusation can domestic violence be prosecuted with? There is no accusation in general civil cases, only the cause of action. Then all the accusations involved are criminal cases. If the circumstances of domestic violence are serious, they can be prosecuted with the crime of abuse. According to Article 260 of the criminal law, whoever maltreats family members, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. The crime mentioned in the first paragraph shall be dealt with only if it is told, except where the victim is unable to tell, or is unable to do so because of coercion or intimidation.

3W+ 0
Semi prime Silver lawyer 2020-06-15 18:06:53

What should we do if we are wronged and declared guilty by the court: first, if the court is found guilty in the first trial, it can appeal. Those who refuse to accept the judgment of first instance may appeal to the people's court at the next higher level in writing or orally within 10 days after receiving the written judgment or order. In the case of appeal, the penalty of the defendant shall not be increased. Second, if a judgment of second instance is made and the court declares it guilty, it may appeal for retrial. The judgment of the second trial shall be final and the parties shall not appeal again. If there is any objection to the second trial decision and there is any mistake in the procedure and substance, a retrial appeal can be filed. There are three ways to start the trial supervision procedure: the parties apply for retrial, the court decides to retrial, and the procuratorate protest to retrial. In general, the appeal shall be submitted to the people's court at least two years after the execution of the defendant's punishment.

2W+ 0
Chi Tai min lawyer 2020-06-15 17:31:37

What to do if the shop is cheated: if the shop is cheated, you can solve the problem through court action. If it is a fraud, you can report it to the public security organ. In the process of shop transfer, there are some matters to be noted as follows: 1. Before signing the contract, both parties of the lease shall submit to each other relevant identity certificates and house ownership certificates. Do you have any other ownership in that store, such as mortgage? You can also ask if there are any three guarantees in front of the door and other similar responsibilities in the local area. 2. It is necessary to investigate the reasons for the transfer of storefront and the previous creditor's rights and debts, and clearly indicate them in the contract, so as to avoid falling into the trap of the transfer contract. 3. Be sure to investigate in advance whether the store area you are looking for has the municipal demolition plan in the short term, so as to avoid being cheated. 4. When the house is handed over, it needs to be checked and accepted. Both parties shall jointly check the facilities and equipment in the house, fill in the list of auxiliary facilities and equipment of the house, sign and seal it, and then check it when it is ready to return the house. 5. You should keep the original contract and the accessories, just in case, you can spend some money to notarize it.

2W+ 0
Sakamoto lawyer 2020-06-13 14:00:39

What is the crime of destroying other people's property? Only when the amount of intentionally destroying other people's property is large or the circumstances are serious can it constitute a crime. Therefore, whether the amount is large or the circumstances are serious is the boundary between crime and non crime. Generally, there are several situations of intentionally destroying others' property: the first is that it does not constitute a crime. It is a general illegal act to destroy public or private property intentionally, if the amount is relatively small and the circumstances are relatively minor. It does not constitute a crime and shall be detained or fined in accordance with the provisions of Article 49 of the regulations on administrative penalties for public security. " Second, it constitutes a criminal offence. It is intentional destruction of public and private property "serious circumstances" or "large amount" then he constitutes a crime. Then the "serious circumstances" here generally refers to the destruction or damage of important goods, serious losses; the destruction or damage of public and private property means is particularly bad; out of the motive of troubling others. "Large amount" is generally more than 10000 but less than 50000; "huge amount" is more than 50000 yuan. If it constitutes a crime, it is suspected of intentional destruction of property.

3W+ 0
Semi prime Silver lawyer 2020-06-13 13:57:41

The meaning of medical fault identification: medical fault judicial identification originally refers to that when the people's court accepts the civil litigation case of medical damage compensation, and the medical institution's diagnosis and treatment behavior made by the appraisal institution does not constitute a medical accident, according to the general tort logic, the people's court submits an application in accordance with its authority or one of the parties in the medical dispute and is approved by the people's court, and entrusts the The appraisal institution of legal appraisal qualification analyzes, judges and provides the appraisal conclusion on whether the diagnosis and treatment behavior of the medical party involved in the medical dispute has fault, whether there is causal relationship between the damage result and the fault of the medical party, fault participation and other specialized issues. Medical accident identification can be used as the basis for both doctors and patients to solve medical disputes through consultation, the legal basis for health administrative departments to deal with medical disputes, the legal basis for health administrative departments to make administrative penalties, and the evidence role in litigation (not necessarily the basis for final decision).

2W+ 0
Chi Tai min lawyer 2020-06-13 13:56:14

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.