刑法各论背诵版(Recitation of the penal code).doc

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1、刑法各论背诵版(Recitation of the penal code)Recitation of the penal codeBy * * * 1. acts of arson murder, harm to all = to arson, arson is not appropriate. To the death of 2. are aggravating circumstances with fire. The explosion such as destruction of the vehicle behavior has harm = the nature, but otherw

2、ise independent crime criminal law, not to explode crime behavior in 3. a terrorist organization after the murder and other acts and other methods to kill 4. crimes of hijacking aircraft in the leadership of the organization, it acts as a method of behavior is absorbed. If the hijacking aircraft hij

3、acking after killing the innocent or rape of the graft 5. illicit manufacture of sale of firearms and Ammunition Transport mail storage of explosive crime theme is a entity or natural person illegal manufacture of firearms is the theme of the main unit of illegal possession, possession of firearms a

4、nd ammunition crime is a natural person, illegal lending subject rental firearms is a special subject: Personnel or units equipped with guns for official use according to law or civil guns according to law 6. The crime of causing traffic casualties can be done or not. No violation of traffic managem

5、ent rules can not be established, the most must also be a major accident. The subjective aspect is negligence, but the violation of the traffic administration act may be intentional, such as drunk driving. The common crime requires the actor to have the same intention, but there are exceptions: the

6、theory of accomplice in the crime after the joint hit and run. Hit and run as the aggravating circumstances of punishment, but deliberately concealed the victim away from the scene by resulting in death of the victim the crime of intentional homicide crime 7. The production and sale of fake or subst

7、andard products: more than 50 thousand mixed, and false, false, shoddy, substandard products as qualified products 8. Crime of producing or selling fake drugs: dangerous crimes. Requirements are enough to endanger human health, otherwise we can not identify the most, but the amount of sales of more

8、than 50 thousand of the production and sale of fake and shoddy products. 9. crimes of smuggling ordinary goods and goods: more than 50 thousand. Individual or unit. Direct intention. Repeatedly smuggles the evaded taxes according to the cumulative amount of processing. Armed cover severely threatene

9、d with violence by the method of resisting customs and the obstruction of official crimes of corporate officers taking bribes: duties will reap benefits for others (whether to seek the legality, does not affect the establishment of 10), the crime of Counterfeiting Currency: RMB and foreign currency.

10、 General subject. The sale or transport of counterfeit currency is not appropriate, according to a crime of counterfeiting currency. After the counterfeit currency is held or used, it is dealt with as a counterfeit currency. Hold must use counterfeit money to set up a separate crime is no evidence t

11、hat forged their own currency 11, insider trading, insider information, crime: special subject that insiders and illegally obtain insider information of securities trading personnel, the unit can become the subject. Intentionally. 12. Money laundering crimes: individuals and units. Intentional 13, f

12、und-raising fraud: illegal possession for the purpose of a larger amount of individuals and units 14. Credit card fraud: illegal possession for the purpose of a larger amount. Forgery, use, void, fraudulent use of another person or malicious overdraft. General subject, unit, not. Theft of credit car

13、ds and use of theft 15. Insurance fraud: illegal possession for the purpose of a larger amount. Individuals and units specifically refer to the insured, the insured and the beneficiary. In the case of an insurance accident appraiser or appraiser, the property appraiser intentionally provides false e

14、vidence, the insurance fraud accomplice. After the murder, and other methods of insurance fraud crimes. 16. The crime of tax evasion: if the circumstances are serious: (1) 1030%, 1-10 million (2) two administrative punishment and tax evasion (3) more than 30%, more than 100 thousand. Accumulated amo

15、unt calculation. Special subjects, taxpayers, withholding agents, including individuals and units. Intentionally 17. Crime of refusing to pay taxes: the individual, the unit does not constitute. Serious circumstances. Intentional homicide or intentional injury shall be punished according to the crim

16、e after conversion, if the fault does not translate into 18. Issuing false VAT invoices to defraud export tax crime: individuals and units. Intentionally. Seek illegal gains. 19. Counterfeiting of registered trademarks: the same kind of goods, registered trademarks. Serious circumstances. Individual

17、s and units. Intentionally 20. Crime of infringing copyright: profit seeking.Larger amounts or other serious circumstances. P661. Individual or unit 21. Crime of infringing trade secrets: causing heavy losses. Units and individuals 22. Contract fraud: the purpose of illegal possession, the amount is

18、 large. Individuals and units 23. Crime of intentional injury: rape, robbery, trafficking in women, children and other crimes are not converted. Inquisition by torture, illegal detention, evidence of violence, vandalism gathering, fight affray transformation. 24. Rape: marital rape is not counted. 2

19、5. Crime of illegal detention: transformation. Those who have beaten or insulted circumstances shall be given a heavier punishment. State personnel who use their functions and powers to commit this crime shall be given a heavier punishment of 26. Kidnapping: no conversion. For the purpose of obtaini

20、ng debts, the kidnapping of others does not constitute kidnapping, and the debts are not necessarily legal debts. The purpose of extorting money does not affect the establishment of 27. Crime of abducting and selling women and children: selling for the purpose. No conversion 29. The crime of false a

21、ccusation: intended to make others subject to criminal investigation. Serious circumstances. The fact of fabricating anothers crime. Point to specific people. The staff members of state organs shall be most severely punished by 30. Insult: violence or other methods, blatantly carried out, directed a

22、t a particular person. Serious circumstances. Telling only to deal with serious harm to social order and national interests 31. Libel: to fabricate, spread, or target a particular person. Serious circumstances. Telling only to deal with serious harm to social order and national interests 32. The cri

23、me of extorting confessions by torture: special subject: judicial staff. The purpose is to force confession. Subjects: criminal suspects and defendants. Transformation. 33. The crime of retaliation: object: accusers, complainants, critics, informants. Special subjects, staff of state organs. 34. Cri

24、me of breaking up elections: Peoples congresses at various levels and heads of state organs. Serious circumstances. 35. Bigamy: no crime theory: out of the country to earn a living, life difficulties, abuse, flight, kidnapping, remarriage 36. Crime of maltreatment: a special subject who lives togeth

25、er with a family member. Maltreatment between non family members does not constitute cost crime. Telling only. 37. Abandonment: pure omission. Abominable plot. No need to tell, just 38. Robbery: not converted. For other purposes or damage to kill the victim after the property away, composed of 2 ind

26、ependent crimes, such as murder and theft crimes. After the robbery or other to kill the victim. According to robbery and murder crimes. The crime of theft, fraud, robbery in order to conceal dirt, resist arrest or destroy the evidence on the spot use of violence or threats of violence to rob. 39. L

27、arceny: Death Penalty: the amount of stealing financial institution is particularly huge, stealing precious cultural relics, the circumstances are especially serious, 40. The snatch: catch them. Rob whether or not carrying weapons, are crime of robbery. 41. Embezzlement crime: object: other peoples

28、belongings, other peoples forgotten objects and buried things. Larger amount. Telling only. 42. Crime of duty encroachment: taking advantage of duty. Non state owned enterprise personnel. Larger amount. 43. Misappropriation of funds: special subject, non state owned company, enterprise personnel. Re

29、gulate, use, or lend to others. The amount is large, over March. Did not exceed March, amount is bigger, undertake profit-making activity, illegal activity. 44. Blackmail: threatening or threatening. Larger amount. 45. Crime of intentional destruction of property: the amount is large and the circums

30、tances are serious. The implementation of larceny causes serious damage to public and private property, and shall be severely punished for larceny, and constitute another important place for other crimes. To cover up the theft or vandalism in winter and in revenge of company property, punishment. 46

31、., the crime of obstruction of public affairs: the threat of violence methods, but violence does not include serious injuries or homicide, the above-mentioned acts, security, implicated, crime, choose a heavy department. Participants: staff members of state organs, deputies to the peoples congresses

32、 and members of the red cross. Carrying out duties according to law. Serious consequences. Natural person. 47.: a crime to seek illegal interests, the interests of all. Posing as a staff member of the state organs. Natural person. The amount of defrauding property is especially huge. According to th

33、e principle of several crimes, the crime of swindling is determined. Pretending to be a policeman is heavier. Forty-eightPicked up trouble crime: random beatings, insults, chase intercept importunity any damage to public or private property, public places have trouble. Behavior objects are not speci

34、fic. According to this theory to minor injuries, injured to death by intentional injury or homicide. 49. organizational leadership to participate in the crime syndicate: other crimes committed this crime punishment 50. perjury in criminal procedure. Special subject: witness, expert witness, recorder

35、 and interpreter. Case filing, reconnaissance, prosecution, trial process. 51. harboring crimes: providing hidden premises, providing property, providing transportation. Not to think of crime. 52. harboring the transfer of the acquisition of sales of dirt crime: I am guilty of harboring the proceeds

36、 of transfer, not a separate cost of crime. 53. refusing to execute the verdict or ruling: special subject. Have the ability to execute, refuse to carry out, the circumstances are serious, violent, resist the killing of serious injuries in the execution, the executive personnel according to intentio

37、nal homicide or intentional injury, select a heavy department. 54. escape: special subject: criminal, defendant or criminal suspect. Escape from sin, detention and other innocent people. The use of violence to serious injuries, death, choose a heavy department. 55. medical malpractice crime: special

38、 subjects: doctors, nurses, pharmacists, pharmacists and individual medical practitioners approved by the competent departments of the state collective medical units. Negligence. 56., the crime of illegal medical practice: natural persons. Serious circumstances. Intentionally. 57. crimes of major en

39、vironmental pollution accidents: natural persons and units. Negligence. 58. crimes of smuggling, trafficking, transporting and manufacturing narcotic drugs: natural persons and units. Intentionally. No matter how large the number is, it constitutes a crime, but the circumstances are minor. Drugs are

40、 counted by numbers, not by YISHION. False drugs posing as real drugs conform to the formation of fraud on the theory of fraud. I dont know if its fake drugs. Abetting a minor to commit this crime or selling it to a minor. 59: the crime of illegal drug possession: the quantity is larger. No, YISHION

41、 is wise. Convicted of smuggling, trafficking, transporting or manufacturing narcotic drugs, he has been sentenced to punishment, and the crime has been severely punished. 60.: the crime of organizing prostitution has been organized by forced prostitution lure shelter is not appropriate, the organiz

42、ers are outside of the punishment. 61., corruption: the use of office convenience, supervisor, custody, cashier, handling, familiar with the crime environment, etc., does not belong to the use of his post. Embezzle, steal, cheat, or otherwise. 5000 or more dissatisfied, but the circumstances are ser

43、ious. Special subject: state personnel, others can establish accomplices. Personal corruption after 5000-10000 repentance, and actively retired, you can reduce the punishment. By cumulative amount. 62. embezzlement of public funds: National staff. Make use of ones post. Illegal activities (50001 mil

44、lion), a large amount of profit (1 million), a large amount of March did not return. After embezzlement, absconding, squandering, crime can not be returned, on the basis of corruption. The result is worse than expected. Misappropriation of relief funds and materials from. 63., bribery crime: obtain;

45、 illegal accepting for other peoples profit; legitimate interest does not affect. Amount and corruption. State personnel. Fraudulent. Without the use of his post, threatening blackmail, extortion on the theory of extortion. Accepting kickbacks and handling fees on the basis of bribery. The mediation

46、 of bribes requires the trustee to seek unfair benefits. 64. Bribery: natural persons. In order to seek illegitimate interests. Such as being blackmailed and without undue benefit does not constitute a crime. 65., the crime of huge property sources unknown: National staff. If the property is found t

47、o be corruption proceeds, according to the crime of corruption, bribery theory. 66. dereliction of Duty: state personnel. Negligence. Cause heavy losses. 67. intentionally leaking state secrets: the circumstances are serious. Generally, the staff of state organs, non state organs staff can also cons

48、titute cost crime. A trade secret belonging to the category of state secrets belongs to the imaginary and optional. 68. of the crime in criminal procedure. Judicial personnel: reconnaissance, inspection, trial and supervision. Intentionally. The crime of bribery is a crime. 69.: the crime of referee civil and administrative trial. Judicial staff. 70. crimes committed by prisoners in private: judicial personnel.Use a post, or to escape the crime shall be punished as an accomplice. Subjects: criminal suspects, defendants and criminals.

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