Criminal Code Case Studies

Author: Chief Editor: Song Jun
Publisher:
Publish Date: 1999-08-01
Features: Preface: With the continuous improvement of legal education levels, reforms in classroom teaching methods are becoming increasingly profound. These reforms are particularly prominent in case-based teaching, thus creating a growing demand for corresponding case textbooks. To this end, the Ministry of Justice's education department and the publishing house jointly organized experts and scholars from national political and legal colleges to compile this series of case textbooks. This series is currently the only uniformly compiled case teaching materials in China organized and reviewed by legal education authorities, possessing high authority. This series of case textbooks is designed to complement the current uniformly compiled undergraduate legal textbooks. Through the introduction and discussion of typical cases, it helps law students deepen their understanding of abstract legal concepts and categories. At the same time, it assists students in understanding the application of law in judicial activities, thereby achieving a between theory and practice. This series of case textbooks is based on the current undergraduate legal teaching curriculum, and its content will be appropriately adjusted as legal teaching reforms progress. Excerpt: [Case Summary] On one afternoon in January 1994, Peng XX (male, 27 years old), a farmer from Baihu Village in Yongshun County, secretly entered the video hall of Sangzhi County Cultural Center and stole a Japanese-made "Fuli" brand 3000 model video player worth 1,440 yuan, selling it for 500 yuan. On one evening in November 1995, Peng XX invited Wang XX (already exempt from prosecution) to Zhujihe Village in Liyuan Town, Sangzhi County, to steal two DZ-27 model cable TV signal amplifiers installed and in use by the county's Broadcasting and Television Bureau, worth 1,754.4 yuan. This caused the cable TV signal covering the area to be interrupted, and residents were unable to watch TV. On the night of January 6, 1996, Peng XX invited Yang XX (already exempt from prosecution) to Chixi Ferry in Lifutai Town, Sangzhi County, to steal two DZ-27 model cable TV signal amplifiers installed and in use by the county's Broadcasting and Television Bureau, worth 1,754.4 yuan, and two tunable equalizers, worth 96 yuan, causing the local cable TV signal to be interrupted and residents unable to watch TV. After the incident, all the stolen goods were recovered. [Trial] The Sangzhi County People's Procuratorate of Hunan Province prosecuted the defendant Peng XX for the crime of theft. The Sangzhi County People's Court conducted a public trial and rendered the following criminal judgment on June 7, 1996: The defendant Peng XX was sentenced to eight years in prison for the crime of theft and six years for the crime of destroying communication equipment, with the sentences to run concurrently. After the judgment, the defendant did not appeal, and the Procuratorate did not file an appeal. [Suggestions and Discussion] According to the 1997 Criminal Law, Peng XX's act of stealing cable TV signal amplifiers in use constituted the crime of "destroying broadcasting and television facilities" and the crime of "theft," forming a compound offense of concurrent intent, which should be judged and punished based on the more serious crime. If convicted of the crime of destroying broadcasting and television facilities, the crime of stealing the video player should be punished as a separate offense; if convicted of the crime of theft, the theft amounts should be added together as the amount for conviction and sentencing. Case of Cutting Communication Lines [Case Summary] From May 28 to July 3, 1992, Han Qing (male, 23 years old), a farmer from Woyang County, Cheng Zhen (male, 17 years old), and Cheng He (Cheng Zhen's father, at large), jointly planned and implemented the theft and sale of railway communication lines. They rode bicycles, carrying wire cutters, hemp ropes, and woven bags as tools, repeatedly sneaking into the area between Qingfu Line (Qinglong Mountain to Fuyang Station) and Fuci Line (Fuli to Jiahezhai Station) at night to steal and sell bare copper carrier communication lines in use on the railways. Han Qing participated in the theft six times (three times on Qingfu Line and three times on Fuci Line), stealing 5,200 meters of communication lines worth 6,208 yuan, causing 180 communication circuits to be blocked (including 6 railway dispatch circuits on Qingfu Line), for a total of 66 hours and 50 minutes of communication disruption, resulting in direct economic losses of 14,312 yuan. Cheng Zhen participated in the theft twice (once on Qingfu Line and once on Fuci Line), stealing 1,800 meters of communication lines worth 2,419 yuan, causing 58 communication circuits to be blocked (including 2 railway dispatch circuits on Qingfu Line), for a total of 24 hours and 50 minutes of communication disruption, resulting in direct economic losses of 4,912 yuan.