The principles of subjective and objective unity are applied under the circumstances of the facts of facts. my country's criminal law adopts legal compliance. The case you say is the wrongdoing of facts. According to legal compliance, theft is crime.
I think the crime is still appropriate, . Let's take a look at a actual case -you can search for news at 8 o'clock on December 9, 2008, a jewelry company's employee Wang will handle luggage at Shenzhen Airport Leave halfway during the consignment procedure, and put a small carton equipped with 14555.37 grams of gold jewelry in the basket above the luggage hand cart, and stop in the yellow line of 1 meter in front of the counter.
The on -site surveillance video showed that after Wang left 33 seconds, the airport cleaner Liang Li appeared next to the car. After about half a minute, Liang Li moved the carton into a toilet in the airport. Wang returned about 4 minutes later and found that the carton was gone, and then called the police to the public security organs. The police went to Liang Li's house on the afternoon of the same day to recover the carton, with 136.49 grams of gold jewelry. After identification, the gold jewelry in the carton is 3 million yuan.
It Shenzhen Procuratorate's review and research believes that although Liang Li's behavior also has the characteristics of theft, it constitutes insufficient evidence of theft and is more in line with the characteristics of the crime of embezzlement. According to the principle of "criminal suspicion", from the perspective of Liang Li, the procuratorial organs determined that Liang Li did not constitute the crime of theft. Because the crime of embezzlement is not a public prosecution case under the jurisdiction of the procuratorial organs, it is a self -prosecution case, that is, "ignore it." The procuratorate lifted the bail pending trial on Liang Li on September 25, returned the case back to the public security organs, and suggested that the public security organs transfer the relevant evidence materials to the self -prosecutor.
The last result was that "self -prosecutor" did not investigate ..., Liang Li was free.
According to the principles of the subject objective and objective, when identifying crimes, not only requires the actor's behavior to cause a serious harm or threat to the social relationship protected by the Criminal Law, but also requires the actor to have criminal responsibility and subjective crimes (intentional or negligence); Otherwise, it is impossible to constitute a crime. The statutory compliance theory refers to the fact that the actor knows and the facts that happened. As long as it is consistent within the scope of the crime, the intentional and successful commitment is established.
Therefore, crimes must meet the subjective requirements. Examples: Subjectively have the intention to occupy the property of others, whether it is left or not or not; objectively, there is an act of embarrassment, so it constitutes the crime of embezzlement!
This situation is ultimately crime of invasion. The principle of unity of subjective and objective. This seems to be a test question in the past. Specific analysis will be available in the real questions of various versions of the judicial examinations.
The principles of subjective and objective unity are applied under the circumstances of the facts of facts. my country's criminal law adopts legal compliance. The case you say is the wrongdoing of facts. According to legal compliance, theft is crime.
I think the crime is still appropriate,
. Let's take a look at a actual case -you can search for news
at 8 o'clock on December 9, 2008, a jewelry company's employee Wang will handle luggage at Shenzhen Airport Leave halfway during the consignment procedure, and put a small carton equipped with 14555.37 grams of gold jewelry in the basket above the luggage hand cart, and stop in the yellow line of 1 meter in front of the counter.
The on -site surveillance video showed that after Wang left 33 seconds, the airport cleaner Liang Li appeared next to the car. After about half a minute, Liang Li moved the carton into a toilet in the airport. Wang returned about 4 minutes later and found that the carton was gone, and then called the police to the public security organs. The police went to Liang Li's house on the afternoon of the same day to recover the carton, with 136.49 grams of gold jewelry. After identification, the gold jewelry in the carton is 3 million yuan.
It Shenzhen Procuratorate's review and research believes that although Liang Li's behavior also has the characteristics of theft, it constitutes insufficient evidence of theft and is more in line with the characteristics of the crime of embezzlement. According to the principle of "criminal suspicion", from the perspective of Liang Li, the procuratorial organs determined that Liang Li did not constitute the crime of theft. Because the crime of embezzlement is not a public prosecution case under the jurisdiction of the procuratorial organs, it is a self -prosecution case, that is, "ignore it." The procuratorate lifted the bail pending trial on Liang Li on September 25, returned the case back to the public security organs, and suggested that the public security organs transfer the relevant evidence materials to the self -prosecutor.
The last result was that "self -prosecutor" did not investigate ..., Liang Li was free.
According to the principles of the subject objective and objective, when identifying crimes, not only requires the actor's behavior to cause a serious harm or threat to the social relationship protected by the Criminal Law, but also requires the actor to have criminal responsibility and subjective crimes (intentional or negligence); Otherwise, it is impossible to constitute a crime.
The statutory compliance theory refers to the fact that the actor knows and the facts that happened. As long as it is consistent within the scope of the crime, the intentional and successful commitment is established.
Therefore, crimes must meet the subjective requirements. Examples: Subjectively have the intention to occupy the property of others, whether it is left or not or not; objectively, there is an act of embarrassment, so it constitutes the crime of embezzlement!
This situation is ultimately crime of invasion. The principle of unity of subjective and objective. This seems to be a test question in the past. Specific analysis will be available in the real questions of various versions of the judicial examinations.