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我国的有组织犯罪和毒品犯罪(一)

  1.Stick to the demands of criminal groups and tally with the actual circumstances.According to the memorandum,a criminal group demands following five fundamental characteristics:1)with three or more than three persons,with principle participants fixed or basically fixed. 2) assembled constantly to carry on one or several grave criminal activities. 3) with identified ringleaders, no matter how the leaders were elected. 4) to carry out their criminal activities intentionally and premeditatedly.5) the harmfulness caused by their criminal activities to the society or the dangerousness of them are both especially grave.
  2.The principle of “bearing appropriate criminal responsibility according to the actual circumstances of the crime.”Ring1eader as mentioned above refers to any criminal who has the role of organizing,planning,or directing a criminal group or a crowd assembled to commit a crime.Ringleaders should bear criminal responsibility for all intentional crimes committed by criminal group.The other members in the group shall bear criminal responsibilities for the actual criminal activities they engaged according to their specific role or function.The offenders shall bear criminal responsibility of his own for the activities not of the intentional crimes committed by the group jointly.A criminal group which commits a single crime shall be identified as the specific crime group;while the criminal group which commits several crimes, shall be identified according to its major crime committed.These members of criminal groups or the criminals in joint crime commit several crimes shall be sentenced to combined punishment for the crimes.
  3.Stick to the principle of “handling and trying the case of criminal group as a whole.” When handling and trying joint crime cases,especially those of criminal groups,the courts should stick to the principle of handling and viewing the case as a whole,only those escaped members of criminal groups may be tried separately.Meanwhile,the facts of the commitments and the circumstances of the crime should be clear,the evidence should also be reliable,and the nature of the crime should be correctly determined,the case should be prosecuted and tried as a whole,and refrain from the action of separation, hence to avoid incorrect determination of the charge and the nature of the crime even to avoid the missing of some names in the list of criminals in some cases.


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