刑法案例总结46--55（Case summary of criminal law 46--55）.doc

刑法案例总结46--55（Case summary of criminal law 46--55） [case 46]. A illegally assembled car is seized by the technical supervision department. The second night, a knife and pliers, sneaked into the technical supervision of the implementation of the theft, trying to steal their car back. When a vehicle is being used to pry the door of the vehicle, it was found by the duty officer. When the officer on duty came to him, a sharp knife stabbed the officer on duty. On the third day, a person was out on the road and accidentally met a doctor who had just come out of the hospital. Otsuichi next to recognize a, ready to alarm, catch a nail. A fleeing, trying to kill with a dagger. B injured and fainting, a suspect B has died, pushing it to the roadside River, in order to sell. Because the water temperature in the river is very low, suddenly wake up, struggling in the river for help, but no one around rescue, drowning. [problem]: (1) does a theft of cars seized by the authorities concerned constitute a crime? (2) what shall be done about the act of stealing cars and injuring officers on duty? (3) what shall be done about the act of throwing a B into the river and causing its death? (4) what should be dealt with in the end? [answer] (1) in this case, the object of larceny is the possession of public property. According to the provisions of the ninety-first article of the criminal law, private property in the management of state organs is based on public property. The car involved in this case is all. However, it is in the state organs of legal custody, belonging to the state organs in the management of private property, and the car belongs to a illegal sale of fake products, by the national judicial organs shall be confiscated, it should be treated as public property. A car that has been seized by the state organs in accordance with the law, in fact infringing upon the right of possession of public property, shall constitute a crime of theft. (2) in the course of the implementation