The dawn associate that learning or had studied criminal law sees here!
Go out to inscribe everybody together today:
Whether does him rape form forcible rape?
(later development has literal edition theme)
Title
Campus of some high school bully approach phenomenon is very serious.
Among them, zhang Mou is the old of mass organizations of a schoolgirl inside the school, overbearing at ordinary times and rampant, often bully the schoolgirl of other simple minded.
Zhang Mou and the schoolgirl that come with a country of the dormitory produced contradiction, have resentment. She knew a rogue on the net, hit 10 thousand yuan to the other side to incite this rogue to slip into its dormitory to rape this country schoolgirl secretly in the evening, gave opposite party the picture of this schoolgirl.
Result midnight when, upset stomach of this country schoolgirl went campus clinic. After scampish midnight climbs the dormitory, discover house inside with respect to Zhang Mou a schoolgirl.
Then, also did not see clear face, carried out a rape to Zhang Mou. Zhang Mou concludes the case to newspaper of public security mechanism.
So, incite other to rape others, other raped him by accident however, whether to make crime?
Will see small gain comment on the everybody in first, be 8 what how say
Above all of greet is a classmate that is full of sense of justice of simple criminal law
Was to be full of interrogative next a piece of exam paper
Return discovery actually: Exceptional fellow student! Interrogation of have one's mind stuffed with!
Had taken an examination of forgot swollen fat 4! (wait 1 etc, had taken an examination of forgot to seem also big question of it doesn't matter)
Look one look, this classmate appears the rational of character.
Emmmm looks to be about again drama shows the result!
Abhor the dawn associate that drama appears can pull language minor details first, leave a message your viewpoint tell us ~
Because the word counts limitation, brief answer can, the attention analyses case point.
Also can think this inscribes you how to reply a little, continue to look next below 4 gold are analysed to what inscribe this!
Ps, welfare of language minor details is premonitory X1
The exam paper # of 4 gold of #
Above all, two people of Zhang Mou and rogue conspire to rape, forcible rape has been formed when plan and preparation commit a crime before, commit a crime jointly.
(before conspire when provision is raped, can conviction, cannot because the target became poor and go going against postpone past action innocent)
Next, execute in violating a process make object mistake (acknowledge a mistake Zhang Mou into rural schoolgirl) , object mistake need not distinguish specific accord with compose a quarrel legal accord with say, convection the common people should be maintained to rape accomplished offense.
Again, to Zhang Mou, zhang Mou is abet behavior does not have a fault, execute make oneself acknowledge a mistake person is object mistake, to abet make and character should be objective mistake, attribute blow mistake. (execute make be equivalent to abet made gun, abet right, execute erred, be equivalent to abet made gun is hit slanted, attribute blow mistake)
But configuration of here analysis crime cannot be analysed only according to blow mistake (if distinguish specific accord with compose a quarrel legal accord with say go reversing analytic crime pattern) .
Because 2 people had formed collective crime, note the guilty configuration problem of collective crime even when analysing guilty pattern, cannot analyse pattern of piece of crime of a certain person only according to blow mistake.
Finally, to guilty configuration of Zhang Mou, have two kinds of point of views.
Viewpoint one
Collective crime one person accomplished offense is all accomplished offense.
Execute make accomplished offense, according to accomplice dependency, abet make also establish guilty accomplished offense, 2 people establish cause rape accomplished offense.
(unreasonable place: Rape oneself without the evaluation this result)
Viewpoint 2
Because the result of the rape is him, should establish rape abortive (in this specific crime, the criminal harms him, this law beneficial does not get protection) .
Similar case brings about him to be weighed like traffic cause trouble, apparent this law beneficial is not to suffer criminal law to protect, calculate the condition that accords with blame of traffic cause trouble, also won't consider as traffic cause trouble the blame.
So, abet person can consider as abortive.
(unreasonable place: The integral sex of collective without the evaluation crime and dependency)
See here may have dawn associate very interrogative, did this arrive didn't two kinds of viewpoints give out finally correct conclusion ah?
Then we arrived on examination room, how should be judged?
Not confused!
This kind of open to question case can have in subjective problem only involve.
Let you analyse the point in viewpoint and case, need not cross much kink at conclusion.
Be opposite oneself so like 4 gold the analysis of case draws up it is OK to come!
Be afraid of to this essay can be collected if forgetting, had waited for objective problem, in light of farewell also ~ of there's still time
