Does not pay tax constitute a crime: "tax", also known as tax, tax and tax in our daily life, refers to the general term of the government's compulsory and free collection of goods or money from individuals or legal persons in order to maintain its operation and provide public services for the society. Generally speaking, taxes are mainly divided into consumption tax, value-added tax, business tax and income tax. Non payment of tax can be divided into the following situations: the first case is a general illegal act, but it has not reached the level of crime. In this case, the tax authorities will only be subject to administrative penalties, such as: "if a taxpayer forges, alters, conceals or destroys account books and vouchers without authorization, or overstates expenditures or fails to list or understate the income in the account books, the tax authorities will pursue the tax payment, punish the overdue fine, and there will also be a fine.". In the second case, it constitutes a crime. If a citizen does not pay tax, he or she has to commit a crime. Most of them violate the prohibitions stipulated in articles 201, 201 and 203 of the criminal law. However, whether it is tax evasion, anti tax, evasion of tax arrears, it is likely to involve criminal crimes. Therefore, every citizen should fulfill the legal obligation of paying taxes according to law.
What conditions are needed for the crime of abandonment to be put on file: those who refuse to support the elderly, young, sick or other people who have no independent living ability, and the circumstances are abominable. Only when the abandonment behavior reaches a bad degree can it constitute a crime. That is to say, whether the circumstances are bad or not is an important boundary between abandonment crime and non crime. According to the judicial practice experience, the circumstances of abandonment are as follows: the victim is seriously injured or dead due to abandonment; the victim is forced to beg along the street because of being abandoned; the victim is helpless and forced to commit suicide because of abandonment; the victim's life is in danger due to repeated education and refusing to correct; the abandonment means are very bad Such as in the abandonment of the abuse and abuse of behavior) and so on.
Is it a crime to abandon a baby: if a person who has the obligation and ability to support the baby abandons the baby, it is suspected to constitute the crime of abandonment. Article 261 of the criminal law stipulates that anyone who refuses to support an old, young, sick or other person who has no independent living ability shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if the circumstances are flagrant. The infant belongs to the person who has no independent living ability. If the person who has the obligation to support the baby does not support it, it may constitute the crime of abandonment. If you put the baby in a place where you can't get help, such as a mountain ditch, you are also suspected of intentional homicide. If there is no legal obligation to support each other and there is no relationship between them, the problem of abandonment will not occur and it will not constitute a crime.
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.
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