Job 1

First question

A: (1) Liu should solve it through diplomatic channels; The criminal law of our country should be applied to illegal immigrants organized by Wang, Zhao.

(2) Because according to the provisions of China's criminal law, a crime in our country refers to the place where the crime occurred or the place where the result of the crime occurred in any part of our country, including the place where the crime was prepared and the place where the crime was committed. Liu Moumou, Wang Mou, Zhao Mou collected RMB20,000 from Xu Mou and others in China to make fake passports to organize others to smuggle, which is a criminal act in China and should be investigated for criminal responsibility by applying China's criminal law. But Liu is a diplomat. According to the Vienna Convention on Diplomatic Relations, he is a foreigner who enjoys diplomatic privileges and immunities. However, China's criminal law stipulates that the criminal responsibility of foreigners who enjoy diplomatic privileges and immunities should be solved through diplomatic channels, so Liu's criminal responsibility should be solved through diplomatic channels.

The second question:

A: (1) There is a causal relationship between Wang's behavior and Chen's death. Because Wang took Chen Mou, who was under 14 years old, to swim by the river, he had the obligation to protect his personal health and safety. However, Wang did not bring Chen Mou back from the deep water area when he was able to fulfill his obligation, which led to Chen Mou drowning, so there was a causal relationship between Wang's behavior and Chen Mou's death.

(2) Wang's behavior constitutes a crime. His behavior is inaction and his subjective psychological attitude is negligence. Because the crime of omission should constitute three conditions: first, there are obligations that should be fulfilled; Second, it has the ability to fulfill its obligations; Third, failure to perform specific obligations leads to serious consequences. Wang Moumou swims by the river with Chen, who is under 14 years old, and has the obligation to protect his personal health and safety. However, Wang did not bring Chen Mou back from the deep water area when he was able to fulfill his obligations, which led to the serious consequences of drowning in Chen Mou, which should constitute the crime of omission. Wang Moumou took Chen Mou, who is under 14 years old, to swim in the deep water area. After that, he should foresee the consequences of drowning if Chen is not brought back in time. However, Wang felt tired after taking a bath on his own, and went ashore to go home without taking Chen ashore. He didn't foresee the consequences, which should be a subjective psychological attitude of negligence.

Homework 2

First question

1, Zhao set fire to the haystack next to other people's houses, causing heavy property losses and posing a serious threat to the safety of citizens' lives and property. His behavior is an act endangering public safety.

2. Zhao was under the age of 14 when he committed arson, and did not reach the age of criminal responsibility, which did not meet the conditions for the establishment of the criminal subject. Therefore, his behavior does not constitute a crime and he is not criminally responsible.

Skills to solve the second problem

(1) The defendant Li's behavior has constituted the crime of intentional homicide. The defendant Li's psychological attitude when he acted was indirect intention.

(2) Indirect intention refers to the psychological attitude of the actor who knows that his behavior may produce harmful results to society and let such results happen.

The cognitive feature of indirect intention is the psychological attitude of the actor who realizes that his behavior may endanger social results. The will characteristic of indirect intention is the psychological attitude of the actor to let the harmful result happen.

The second question:

A: (1) Li's behavior constitutes a crime. Li, who foresaw the possibility of harmful results, still allowed the harmful results to happen, resulting in serious consequences of hitting people to death. He has violated the criminal law of China and should be investigated for criminal responsibility.

(2) Li's psychological attitude should be indirect intention. From the conversation between Li and Li, we can see that Li foresaw that he might hit someone when the rolling stone went down the mountain, but he still let the harmful results happen, and his psychological attitude should be indirect intention.

(3) Li's minor behavior constitutes a crime. Because Li Wei is over 16 years old, according to the provisions of China's criminal law, people who are over 14 years old but under 16 years old are only criminally responsible for committing intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning. Li Mouxiao constitutes a crime of intentional homicide in this case and should be investigated for criminal responsibility.

Homework 3

First question

1. Wang's behavior belongs to the crime of intentional homicide, but it belongs to the suspension of crime. It has constituted the crime of intentional homicide, because Wang has begun to commit intentional homicide;

2. Wang's behavior should be regarded as intentional homicide. Because Wang took effective measures in time to avoid the death of the victim, he should be convicted of intentional homicide and punished according to the principle of mitigated punishment.

the second question

Zhou, Gan, Kong and Hu all reached the age of 16, belonging to the age of full criminal responsibility, and should be held criminally responsible for their criminal acts.

Zhou and Gan constitute crimes of compulsory indecency and insult to women. Zhou and Gan committed the crime of molesting and insulting the victim for the same purpose, which constituted the crime of compulsory molestation and insulting women.

The acts of Zhou, Kong and Hu all seriously violated the sexual rights of the victims, which met the constitutive requirements of rape and constituted rape. Zhou belongs to the instigator of rape; Kong Mouxiang and Hu Mouyu belong to the perpetrators of rape.

Because Li Wei is over 14 years old and has not reached the age of criminal responsibility, he does not meet the conditions for the establishment of the criminal subject, so his behavior does not constitute a crime and he will not bear criminal responsibility.

Zhou committed both the crime of compulsory indecency and insult to women and the crime of rape, and was punished for several crimes.

According to the provisions of the Criminal Law, a person who has reached the age of 14 and under the age of 18 should be given a lighter or mitigated punishment for committing a crime; The death penalty is not applicable to people under 18 at the time of committing the crime.

Homework 4

Analyze cases

The first question:

A: (1) Li is not a recidivist. Because the constitution of recidivism must meet three conditions: first, the former crime must be sentenced to more than fixed-term imprisonment, and the latter crime must be sentenced to more than fixed-term imprisonment; Second, the latter crime occurred within five years after the execution of the penalty for the former crime; Third, both the former crime and the latter crime must be intentional crimes. In June 2000, Li Yin was sentenced to one year's imprisonment and suspended for two years for intentional injury. However, the probation period of the former crime has not expired when he commits the latter crime, so the probation should be revoked according to law, and the former crime and the latter crime should be punished together, which is not a recidivist.

(2) For Li's second crime of intentional injury and theft, the principle of aggravated restriction should be applied, and he should be convicted and sentenced with the combined punishment of the two crimes with the maximum punishment above the total punishment.

The second question:

A: The court's decision is incorrect, because according to the provisions of China's criminal law, criminals sentenced to death must be deprived of political rights for life. The court should sentence Wang to death for intentional injury and deprive him of his political rights for life.