Lawyer's Moments Professional · Insightful · Interesting

Can probation be applied to crimes within the probation period? In judicial practice, when some courts make judgments on the defendants who have committed crimes within the probation period according to the principle of punishment for several crimes, sometimes considering the good attitude of pleading guilty and the circumstances of returning stolen goods, compensation and paying fines, they still apply the probation. The author believes that this practice violates the principle of probation application in China's criminal law, It is not advisable. The condition of probation is that "according to the criminal circumstances and the performance of repentance, probation will not harm the society any more". During the probation period, the defendant has committed another crime, which has proved in fact that he lacks the proper performance of repentance and continues to harm the society, thus indicating that it is wrong to apply the probation to his former crimes. If the probation is applied to the later crimes after the combined punishment of several crimes, that is to say, wrong plus wrong.

9W+ 0
Sakamoto lawyer 2020-06-12 10:40:23

What are the consequences of picking up a credit card and withdrawing money: according to Article 196 of the criminal law of the people's Republic of China (1997 Revision) To engage in credit card fraud under any of the following circumstances: if the amount involved is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; if the amount involved is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; if the amount involved is especially huge or if there are other especially serious circumstances He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property. 1. Using forged credit card; 2. Using invalid credit card; 3. Using others' credit card; 4. Overdraft maliciously. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdrafts beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession and still fails to return the overdraft after collection by the issuing bank. Whoever steals and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this law.

9W+ 0
Root mean respect lawyer 2020-06-12 10:37:52

It is not a crime to pick up a credit card and withdraw money: the criminal law of our country has clear provisions for this situation. Article 196 of the criminal law stipulates that those who have reached a certain amount and fraudulently used other people's credit cards shall be investigated for criminal responsibility for the crime of credit card fraud. It is a kind of situation of using others' credit card in a false way to pick up and use others' credit card. Such behavior, in line with the situation of "fraudulent use" in the criminal law, not only causes the loss of other people's property, but also violates the regulations of credit card management, destroys the normal economic order, and objectively produces social harm. Therefore, it is possible to constitute a criminal offence to pick up another's credit card and use it.

9W+ 0
Alexander lawyer 2020-06-12 10:36:26

The subsidy for stabilizing posts in Beijing can be up to 4540 per person; the subsidy for stabilizing posts in Beijing can be up to 4540 yuan per person. It is distributed to small and medium-sized micro enterprises in key industries, including training subsidy for stabilizing posts and temporary post subsidy, which can be applied online. There are two policies to help enterprises to stabilize their posts: training subsidy and temporary post subsidy. From May 6, Beijing will publish the list of small and medium-sized micro enterprises in key industries in four batches. Enterprises in the list can apply for the above two subsidy policies.

8W+ 0
Sakamoto lawyer 2020-06-11 10:32:01

Compensation standard for the company's relocated employees: Article 40 of the labor contract law of the people's Republic of China stipulates: "in case of any of the following circumstances, the employer may terminate the labor contract (3) the objective situation on which the labor contract is based changes significantly after notifying the laborer in writing 30 days in advance or paying the laborer an extra month's salary If the contract cannot be performed, and the employer and the employee fail to reach an agreement on changing the contents of the labor contract through consultation. " The same is true of Article 26 of the labor law.

8W+ 0
Sakamoto lawyer 2020-06-11 10:30:43

Whether the company's relocated employees can get compensation if they don't go: the company's relocation must ask for opinions from all employees. Generally, if both parties agree to work at the new address, they will continue to perform the labor contract; if they do not agree to go, they need to notify the unit in writing 30 days in advance to terminate the labor contract and require economic compensation. From the perspective of actual performance, not all companies need to pay economic compensation to their employees for relocation. The relocation distance and address will be considered comprehensively. When the unit and the employee sign the labor contract, they should make clear the work place. When the employee decides to sign the labor contract, the work place and environment are also a big factor to be considered. During the performance period of the contract, if the company's workplace changes significantly (note that the significant change is emphasized here) which affects the performance of the employee's labor contract, the unit shall pay economic compensation to the employee in accordance with Article 40 of the labor contract law.

9W+ 0
Alexander lawyer 2020-06-11 10:28:36

What are the rights and interests granted to laborers: the legitimate rights and interests of laborers refer to the rights enjoyed and guaranteed by law in the process of labor. In China, workers enjoy a wide range of rights, such as the right to employment, the right to sign labor contracts, the right to pay for labor, the right to rest and leave, the right to work safety and health protection, the right to vocational training, the right to social insurance benefits, the right to submit labor disputes. In addition to the above rights, workers have other legal rights: workers have the rights to participate in and organize trade unions, democratic management, participate in labor competitions, make reasonable suggestions, engage in scientific research, technological innovation, invention and creation, terminate labor contracts according to law, command against rules and impose risks on Management personnel of employers The right to refuse to perform the work, the right to criticize, report and accuse the behaviors endangering life safety and health, and the right to supervise the behaviors violating the labor law.

10W+ 0
Semi prime Silver lawyer 2020-06-11 10:10:23

What benefits do female employees enjoy during pregnancy:Female employees enjoy not less than 90 days of maternity leave. Female employees who are pregnant for more than 7 months (including 7 months) shall not be arranged to work in night shift generally; they shall arrange certain rest time during working hours. Pregnant female employees who undergo prenatal examination during working hours shall be counted as working hours. When a female employee is pregnant and is examined and given birth in a medical institution of her own unit or a designated medical institution, the expenses for examination, delivery, operation, hospitalization and medicine shall be borne by the unit to which she belongs, and the expenses shall be borne by the original medical expenditure channel. It is not allowed to reduce the basic wage or terminate the labor contract of a female employee during her pregnancy, childbirth or lactation.

8W+ 0
Chi Tai min lawyer 2020-06-11 09:56:07

The legal basis for the rights of female employees: the Constitution stipulates that the state protects the rights and interests of women and implements equal pay for equal work between men and women. The law on the protection of women's rights and interests stipulates that men and women are equal in the distribution of housing and the enjoyment of welfare treatment. According to the provisions of the State Council on the labor protection of female employees, when the rights and interests of the labor protection of female employees are infringed upon, they have the right to appeal to the competent department of their unit or the local labor department.

9W+ 0
Chi Tai min lawyer 2020-06-11 09:53:59

Is it against the law to abuse others? For the public security penalty of abusing others, a detention of not more than five days or a fine of not more than 500 yuan shall be imposed; for the more serious case, a detention of not less than five days but not more than 10 days may be imposed, and a fine of not more than 500 yuan may be imposed: a person who publicly insults others or fabricates facts to slander others; a person who fabricates facts to falsely accuse and frame others and attempts to make others subject to criminal investigation or public security management penalty 。 If the content of the abuse is fictitious, it may constitute an infringement of the right of reputation, a slander or an insult, and it may be sued to the court.

9W+ 0
Sakamoto lawyer 2020-06-09 10:47:36

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.