[Boutique] Learning the experience of criminal law

Part 1: Learning the experience of criminal law

Through the study of reading activities, I have learned some basic knowledge of the law and laid the foundation for future work. We can use the legal knowledge we have learned to protect the rights of ourselves and others.

Our country has long started propaganda about the law, such as CCTV's “rule of law” and “Today's statement”, which allows us to get closer and understand how to use legal weapons to protect ourselves. But this alone is not enough. The degree of our legal concept and legal quality will directly affect the process of our Chinese nation's rule of law and the building of a socialist country ruled by law in the new historical period. Therefore, studying the law and improving the legal quality are the inevitable requirements of the socialist country ruled by law and the inevitable outcome of social development.

At the same time, because the socialist market economy is the legal economy. We will make full use of the law as a weapon to regulate, guide, restrict and guarantee the activities of market entities, the maintenance of market order, the state's regulation of the market, and the market's role in the allocation of resources.

In my studies, I feel that I have changed a lot. Beginning to implement the party's basic line, principles, and policies more consciously than before, and more firmly established the correct political direction. This will be of great help to my own future development. It also made me understand the positive significance of joining the party. Since the law is a socialist rule of law, the basic norms guarantee that these are functioning properly. After reading this book, I learned more about my legal rights and the procedures and ways to maintain these rights. It also has the awareness of self-protection according to law and has certain ability to seek legal relief. Strive to improve the level of ideological and moral cultivation to a certain extent.

In recent years, as China’s economic system, social structure, and values ​​have all discovered major changes, our ideological concepts have also undergone tremendous changes. We should master the basic theories of law, understand and clarify the basic spirit and regulations of the major legal departments, and form knowledge, thoughts, psychology, opinions and evaluations on laws and legal phenomena on the basis of certain legal knowledge. And learn to use legal knowledge and legal norms to analyze problems and solve problems. Understand the basic views of Marxist jurisprudence, master the basic spirit and content of our country's constitution and related laws, enhance legal awareness, and improve legal quality. We will continue to abide by the law and abide by the law, maintain social stability and harmony, correctly understand and adhere to the strategy of governing the country according to law, and resolve to strive for the building of a socialist country ruled by law.

Part 2: Learning the experience of criminal law

During this month's study and study, I mainly studied the criminal law in the judicial examination textbooks, especially the legal interpretation of the Supreme People's Court's explanation on the issues of self-sufficiency and specific application of the law. I am very inspired by me, now I will introduce this explanation to you.

According to the provisions of the first paragraph of the Criminal Law, after the crime is automatically surrendered, the truth is confessed to his own crimes.

The automatic referral refers to the facts of the crime or the suspect is not discovered by the judicial organ, or although it is discovered, but the criminal suspect has not been interrogated and has not taken enforcement measures, actively and directly surrendered to the public security organ, the people's procuratorate or the people's court. .

The criminal suspect shall surrender to his unit, urban and rural grassroots organizations or other relevant responsible personnel; the criminal suspect shall entrust others to surrender the case for the purpose of mitigating the disease, injury or to mitigate the consequences of the crime, or first file a case with credit; the crime has not yet been judicially The organ found that only because of suspicious behavior, after being questioned and educated by the relevant organizations or the judiciary, they took the initiative to confess their crimes; after the crime, they fled, and in the process of being wanted and pursued, they took the initiative to surrender; after investigation, they were indeed prepared to surrender, or On the way to the case, if it is captured by the public security organ, it shall be deemed to be automatically surrendered.

It is not for the criminal suspects to take the initiative, but to be persuaded by relatives and friends to accompany the case; if the public security organ informs the relatives and friends of the suspect, or the relatives and friends take the initiative to report the case, the criminal suspect shall be sent to the case for surrender.

If a criminal suspect ran away after automatically surrendering the case, he could not be considered as surrendering himself.

Truthfully confessing one's own crimes refers to the fact that the criminal suspects truthfully surrendered himself after committing the crime.

If a criminal suspect who commits several crimes only commits a crime committed in part by a confession, he shall only be deemed to be surrendering to the criminal act of truthful confession.

Criminal suspects in joint criminal cases, in addition to truthfully confessing criminal acts, should also confess the accomplices who are known to the accomplice, and the principal offenders should confess the facts of the common crimes of other accomplices who are known to be surrendered.

If a criminal suspect automatically surrenders and truthfully confesses his crimes, he may not be deemed to be surrendered. However, if he can truthfully confess before the judgment in the first instance, he shall be deemed to be surrendered.

According to the provisions of Article 67 of the Criminal Law, criminal suspects, defendants and convicted criminals who have been taken coercive measures, truthfully confessing that the crimes that the judicial organs have not yet mastered, and those that have been or are judged by the judicial organs, are surrendered. s. For surviving criminals, punishment can be lightened or mitigated; for those with lesser crimes, punishment can be waived. To determine whether to lighten, mitigate or exempt punishment, it should be based on the severity of the crime and consider the specific circumstances of surrender.

Criminal suspects, defendants and convicted criminals who have been taken coercive measures, truthfully confessing that the crimes have not been seized by the judicial organs, and the judicial organs have mastered or decided to determine that the crimes are of the same crime, may be given a lighter punishment as appropriate; the same kind of truthful confession If the crime is minor, it should generally be given a lighter punishment.

According to the provisions of the first paragraph of Article 68 of the Criminal Law, criminals who report and expose others after the case, including criminals in a joint criminal case, expose other crimes other than the joint crime of the same criminal, and the verification is true; Important clues in other cases are verified by investigation; to prevent others from committing criminal activities; to assist the judicial organs in arresting other criminal suspects, and to have other outstanding performances that are beneficial to the state and society, they shall be deemed to have meritorious deeds.

If criminals in a joint criminal case arrive at the case and expose the facts of the joint criminals committing crimes together, they may be given a lighter punishment as appropriate.

According to the first paragraph of Article 68 of the Criminal Law, criminals who report and expose other major criminal acts are verified by the facts; they provide clues to detect major cases, verify that they are genuine, prevent others from committing major criminal activities; and assist the judicial organs in arresting Other major suspects who have other major contributions to the state and society shall be deemed to have made significant achievements.

Part 3: Learning the experience of criminal law

During this month's study and study, I mainly studied the criminal law in the judicial examination textbooks, especially the legal interpretation of the Supreme People's Court's explanation on the issues of self-sufficiency and specific application of the law. I am very inspired by me, now I will introduce this explanation to you.

According to the provisions of the first paragraph of the Criminal Law, after the crime is automatically surrendered, the truth is confessed to his own crimes.

The automatic referral refers to the facts of the crime or the suspect is not discovered by the judicial organ, or although it is discovered, but the criminal suspect has not been interrogated and has not taken enforcement measures, actively and directly surrendered to the public security organ, the people's procuratorate or the people's court. .

The criminal suspect shall surrender to his unit, urban and rural grassroots organizations or other relevant responsible personnel; the criminal suspect shall entrust others to surrender the case for the purpose of mitigating the disease, injury or to mitigate the consequences of the crime, or first file a case with credit; the crime has not yet been judicially The organ found that only because of suspicious behavior, after being questioned and educated by the relevant organizations or the judiciary, they took the initiative to confess their crimes; after the crime, they fled, and in the process of being wanted and pursued, they took the initiative to surrender; after investigation, they were indeed prepared to surrender, or On the way to the case, if it is captured by the public security organ, it shall be deemed to be automatically surrendered.

It is not for the criminal suspects to take the initiative, but to be persuaded by relatives and friends to accompany the case; if the public security organ informs the relatives and friends of the suspect, or the relatives and friends take the initiative to report the case, the criminal suspect shall be sent to the case for surrender.

If a criminal suspect ran away after automatically surrendering the case, he could not be considered as surrendering himself.

Truthfully confessing one's own crimes refers to the fact that the criminal suspects truthfully surrendered himself after committing the crime.

If a criminal suspect who commits several crimes only commits a crime committed in part by a confession, he shall only be deemed to be surrendering to the criminal act of truthful confession.

Criminal suspects in joint criminal cases, in addition to truthfully confessing criminal acts, should also confess the accomplices who are known to the accomplice, and the principal offenders should confess the facts of the common crimes of other accomplices who are known to be surrendered.

If a criminal suspect automatically surrenders and truthfully confesses his crimes, he may not be deemed to be surrendered. However, if he can truthfully confess before the judgment in the first instance, he shall be deemed to be surrendered.

According to the provisions of Article 67 of the Criminal Law, criminal suspects, defendants and convicted criminals who have been taken coercive measures, truthfully confessing that the crimes that the judicial organs have not yet mastered, and those that have been or are judged by the judicial organs, are surrendered. s. For surviving criminals, punishment can be lightened or mitigated; for those with lesser crimes, punishment can be waived. To determine whether to lighten, mitigate or exempt punishment, it should be based on the severity of the crime and consider the specific circumstances of surrender.

Criminal suspects, defendants and convicted criminals who have been taken coercive measures, truthfully confessing that the crimes have not been seized by the judicial organs, and the judicial organs have mastered or decided to determine that the crimes are of the same crime, may be given a lighter punishment as appropriate; the same kind of truthful confession If the crime is minor, it should generally be given a lighter punishment.

According to the provisions of the first paragraph of Article 68 of the Criminal Law, criminals who report and expose others after the case, including criminals in a joint criminal case, expose other crimes other than the joint crime of the same criminal, and the verification is true; Important clues in other cases are verified by investigation; to prevent others from committing criminal activities; to assist the judicial organs in arresting other criminal suspects, and to have other outstanding performances that are beneficial to the state and society, they shall be deemed to have meritorious deeds.

If criminals in a joint criminal case arrive at the case and expose the facts of the joint criminals committing crimes together, they may be given a lighter punishment as appropriate.

According to the first paragraph of Article 68 of the Criminal Law, criminals who report and expose other major criminal acts are verified by the facts; they provide clues to detect major cases, verify that they are genuine, prevent others from committing major criminal activities; and assist the judicial organs in arresting Other major suspects who have other major contributions to the state and society shall be deemed to have made significant achievements.