I. Amendments to the Criminal Law of People's Republic of China (PRC) (X)
The national flag, national anthem and national emblem are representative symbols of the people of China, and no one may insult them. Those who insult the national flag, national anthem and national emblem will face criminal punishment. For example, Zheng Songtai reversed the national flag and the regional flag of the Hong Kong Special Administrative Region in the seats of parliamentarians, which constituted the crime of insulting the national flag and the regional flag. He is currently at the Hong Kong Polytechnic University and has been excluded from the teaching staff. After the contract expires, he will not renew it. Another example: the graduation ceremony of Hong Kong university students insulted the national anthem, and the principal kicked it out of the venue and warned that graduation was not allowed!
Amendment to Criminal Law (X) was adopted at the 30th meeting of the Standing Committee of the 12th NPC on October 4th, 2065.
In order to punish the crime of insulting the national anthem and earnestly safeguard the seriousness of singing and using the national anthem and national dignity, one paragraph is added as the second paragraph in Article 299 of the Criminal Law, which is amended as:
"Whoever intentionally insults the people of China and the national flag and national emblem by burning, damaging, scribbling, defacing or trampling in public places shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
"Deliberately tampering with the lyrics and music scores of the China people's national anthem in public, playing the national anthem in a distorted or derogatory way, or insulting the national anthem in other ways. If the circumstances are serious, it shall be punished in accordance with the provisions of the preceding paragraph."
This amendment shall come into force as of the date of promulgation.
Second, the distinction between key crimes (confusion)
1, theft
According to the provisions of Article 264 of the Criminal Law of People's Republic of China (PRC), theft refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property.
2. Crime of robbery
According to Article 267 of the Criminal Law of People's Republic of China (PRC), the crime of looting refers to the act of publicly seizing a large amount of public or private property for the purpose of illegal possession.
Step 3 rob
According to Article 263 of the Criminal Law of People's Republic of China (PRC), the crime of robbery is an act of forcibly seizing public or private property on the spot by violence, coercion or other means for the purpose of illegal possession.
Comparison of the three:
Similarities: theft, robbery and looting are all acts of illegal possession of public and private property.
Difference: theft (stealing other people's property while others are unprepared)
Robbery (blatant illegal possession of other people's property)
Robbery (blatant robbery+violence)
Example: The following situations constitute robbery ()
A.a put the simulated pistol in his trouser pocket and ambushed in a secluded place to rob property. He happened to meet B on the phone. As soon as A saw the opportunity, he rushed out of the dark, grabbed B's cell phone and ran away.
B.a bought a kitchen knife from the store and put it in a backpack to cut vegetables for his wife. On the way home, I saw that Ms. A and B had just withdrawn money from the bank, so I followed B to a quiet place, took B unprepared, grabbed B's wallet and ran away.
C.A. saw a person talking on a mobile phone, and looked very focused. A suddenly attacked his head from behind, grabbed his cell phone and ran away.
D. When A saw an old farmer holding a parcel, he tried to catch it. The first time I pulled hard, I didn't pull it down. Then A pulled hard again, and the old farmer fell to the ground and was seriously injured.
Answer c
When analyzing the error of option A, Party A saw the opportunity and rushed out of the dark, grabbed Party B's mobile phone and ran away. He did not commit violence against Party B, which does not constitute robbery, but robbery. Option b is wrong. I saw a woman who had just withdrawn money from the bank, so I followed B to a secluded place, took B by surprise, and snatched B's wallet and ran away. Similarly, there was no violence against her, which constituted robbery. Option c meets the meaning of the question, illegally possessing property and committing violence. If you don't choose option d, it constitutes robbery, no violence, and it does not constitute robbery. So the answer is C.
The road of civil servants begins with painting.