2022-04-14 Criminal Law

1. Cases that cannot be identified

Cases that cannot be identified:

? 1. The perpetrator is a person

? 1.1 To perform an act; in case of doubt, it favors the accused. (At the disaster scene, A took away the wallet of B who was lying on the ground. It was impossible to find out whether B was unconscious or dead at the time).

? 1.2. Carry out two acts; analyze possible situations - → summarize and compare: it is beneficial to the defendant when in doubt. (A kills B, B falls to the ground, and A sets fire again. It is impossible to find out whether B died before setting the fire or after setting the fire).

2. The perpetrators are two people

? ? 2.1 The two persons constitute the same crime; the principle of "partial execution, full responsibility" is activated. (A and B shot at C at the same time, but only one shot was fatal. It is impossible to find out who shot it).

? 2.2 Two people do not commit the same crime: analyze possible situations - → summarize and compare, which will be beneficial to the defendant when in doubt. (A accidentally knocked down C with his car, and A escaped. Five minutes later, B accidentally ran over C with his car. It is impossible to find out whether C died before B ran over him, or whether he died after B ran over him).