Relationship, just because of a specific criminal fact committed by the perpetrator, makes several laws conform to the behavior, so they are linked together.
Easy Wrong point
Types of concurrence of laws and regulations
(1) completely contains the relation. For example, fraud and loan fraud belong to a special kind of fraud in the financial field. The constitutive elements of the crime of loan fraud have included all the constitutive elements of fraud. In addition, some new elements have been added to the loan field. Therefore, committing the crime of loan fraud is bound to commit fraud, both of which are inclusive laws and regulations. Fraud is the common law and loan fraud is the special law. Similarly, there are other crimes such as fraud and contract fraud, fraud and financial fraud, such as insurance fraud and credit card fraud.
(2) Part contains coincidence relation. For example, the crime of bigamy includes two types of behaviors: one is to marry someone knowing that they have a spouse; Second, you have a spouse and marry someone else. The crime of breaking up a military marriage includes two types of acts: one is to live with an active serviceman knowing that he is his spouse; The second is to marry an active soldier knowing that he is a spouse. In the crime of breaking the military marriage? Marry an active serviceman knowing that he is a spouse? What does this behavior have to do with bigamy? Marry someone knowing that he has a spouse? Coincidentally, when this happens, it is the concurrence of laws and regulations.
An error-prone problem
Which of the following options is wrong about the identification of imaginative joinder? (20 13/ 2 /56. Multiple choices)
A. Party A purchases dangerous substances from Party B, and it is agreed that the transaction will be completed at 4000 yuan. A gave 2,000 yuan in cash and 4 grams of heroin (converted into 2,000 yuan in cash) to B for safekeeping. A's behavior established an imaginary joinder of the crime of illegally buying and selling dangerous substances and the crime of selling drugs, and was punished as a felony.
After B.A's daughter broke up with B-man, A asked B for the youth compensation fee, but failed. She tricked B-man into the villa and stared at B-man ... A called B's mother, claiming that if she didn't give 300,000 yuan, she was ready to accept the body. The imaginative joinder of the crime of illegal detention and kidnapping should be punished as kidnapping.
C.a put anesthetic in B's tea for 2 hours in order to rob money, and then left B's home. Two hours later, Party A came back to see that Party B was not here (Party B went out for business after drinking tea) and took 20,000 yuan in cash from Party B. A's behavior established the imaginative concurrence of robbery and theft.
D State employee A illegally provided state secrets to overseas organizations after receiving $30,000. A's behavior is an imaginary concurrent crime of accepting bribes and illegally providing state secrets abroad.
Imagined test center merger
Answer ABCD. Analysis: A gives B 2000 yuan in cash, which is an illegal act of buying and selling dangerous substances; A transfers 4 grams of heroin to B as a reward, which belongs to drug trafficking. Because there are two behaviors, A's behavior does not constitute imaginative joinder. Error a, elected.
The difference between legal concurrence and imaginary concurrence is that legal concurrence is caused by the establishment of laws, because several laws violated by criminal acts are completely or partially inclusive; There is no such relationship between several laws violated by imaginative joinder of offenses. Just because of a specific criminal fact committed by the perpetrator, several laws have the same recognition of the behavior, so they are linked together. The crime of illegal detention is an act of illegally depriving others of their personal freedom, and the crime of kidnapping is to extort property or achieve other illegal purposes by controlling hostages. Judging from the provisions of the law, there is an inclusive relationship between the two laws and regulations. Therefore, it should be recognized that the relationship between the two is the concurrence of laws and regulations, not imagination. Error B, elected.
Robbery requires the perpetrator to suppress the victim's resistance by violence, coercion and other coercive means, and there must be a causal relationship between robbery and property. Putting anesthetic into the tea given by Party A for 2 hours is a preparatory act of robbery. Two hours later, when Party A saw that Party B was absent, it took the property worth 20,000 yuan from Party B. The acquisition of the property had no causal relationship with the use of drugs to suppress resistance, so it did not belong to the act of robbing property in robbery. The act of A taking away 20,000 yuan from B should be evaluated as theft separately. Because there are two different behaviors, it does not constitute an imaginative joinder of offenses. Error C, elected.
Accepting $30,000 from overseas organizations (accepting bribes) and illegally providing state secrets to overseas organizations (illegally providing state secrets for overseas organizations) are two acts, which do not constitute imaginative joinder. Under normal circumstances, if seeking benefits for others after accepting bribes constitutes other crimes, it shall be punished for several crimes, unless there are special provisions in the law. The exception here is the provision in paragraph 4 of Article 399 of the Criminal Law. Judicial personnel who accept bribes, commit the crime of bending the law for selfish ends or bending the law in civil and administrative cases, execute judgments or rulings on dereliction of duty, execute judgments or rulings on abuse of power, and at the same time constitute the crime of accepting bribes, shall be convicted and punished in accordance with the provisions of heavier punishment. D error, elected.
So choose ABCD for this question.