Zhang San told Li Si to steal from the supermarket. After Li Si entered the supermarket, Zhang San immediately called the police. The police caught Li Si who was stealing. How should Zhang San deal with this kind of framing and instigation? My understanding is that Zhang San's behavior was deliberately framed. Can be characterized as an instigator.
A neutral act of helping. Help in criminal law does not include gravity help in daily life. If a behavior is a common phenomenon in daily life or business behavior. Even if it can objectively promote criminal behavior. But as long as this kind of behavior belongs to the common behavior in society. This should not be regarded as a crime. For example, the hardware store sells knives to tattooed men with big gold chains. The store had a premonition that the customer might commit a crime before collecting the knife. Even if the client ends up committing a crime. The behavior of the store does not constitute a crime. There is a case in the book. The defendant is a black car driver. One day, two guests took a taxi to other provinces and passed the passenger queue. The driver knew that they were involved and were on the run. But the driver still drove to the destination. I was stopped by the police on the way. The procuratorate intends to prosecute the driver for harboring. The question in this section is, if you are a black car driver and suspect that passengers are criminals, what will you do? I want to find a black car driver. The scene at that time depends on how far they ride, but the distance is far and the income is relatively high. To support the family with this income, we must first help ourselves, send the suspects to their destinations, and then call the police to pay attention to their whereabouts. If the distance is close, then I will give up this income. Find a reason to let them off. But Mr. Luo Xiang said that no matter what choice you make. The judiciary finally convicted and sentenced the driver for the crime of sheltering.
The judiciary often attaches too much importance to the value of fighting crime. While ignoring the stability of other occupations. There are many conflicting values in this world. Conflict does not mean the opposition between good and evil. Many times it is a conflict between good and bad. It's a confrontation between good people and good people. It is inappropriate for the judiciary to expand the goal of cracking down on crime. We should also respect the value of other professions. If we ignore the normal development of other occupations in order to combat crime. Then the whole society will be in turmoil.
A wanted to shoot his enemy B, but when he aimed at B, he suddenly found that it was not B, but C .. so I gave up. Is this a crime suspension or an attempted crime? My understanding is attempted crime. He subjectively thinks that he can't continue to commit crimes. Only when the parties voluntarily give up the crime can it be established and suspended. In this case, A has to stop committing crimes. So I think it should be attempted crime.