Crimes Of Judicial Identification Held

Holding perpetrators of crime is a harmful act to hold the basic forms of serious harm to society, violated criminal law norms, according to law shall be subject to criminal punishment. Provisions of criminal legislation in the possession crime is not long, especially for the Crime of Possession, there are many questions worth exploring. Based on the crime of Possession deepen necessary, the author chose the type of crime, judicial determination holding master's thesis as a topic. At the same time as possession crime involved the issue of criminal law theory and practice more, far from all of its elaborate can be handled by a master's thesis, so I choose to sin principle, judicial determination, and the burden of proof several issues to be explored.This addition to the introduction, is divided into an overview of possession crimes, convicted Criminal Holding the principle of judicial determination possession crime, possession crime burden of proof has four parts.Part I: Overview of possession crime. This section discusses the type of holding and holding the concept of crime, possession and holding of the nature of the behavior of form. As holders of a possession crime constitutes the core of the objective area, to accurately grasp the concept of crime and Possession of possession crime, first of all start from the concept of holding. Article, is an actor who holds a specific thing to dominate and control the behavior, this behavior is usually out in the performance of a static state. Hold is essentially a behavior. Behavior of the form, holding should be attributed to "should not to succeed" as.Part II: Holding the principle crime conviction. Articles that type of crime conviction held principle there are two points: one for social defense, intercepting the needs of crime; the second act to hold considerable social harm.Part III: The judicial determination possession crime. As the first part of the article has as objective the core content areas defined in the holder were related, I did not commit the objective aspect of Possession discussion thick and black, but it does not mean denying the importance of identification of the objective aspect. In addition to identification of the objective aspect, this part also includes the subjective identification, identification as an accomplice, and stop the number of forms of identification and crime cognizance of four elements. This section is the core of this article. Objective aspect of the holders of the special nature of the principle and conviction, possession crime in the judicial determination of other types of crime has a profound difference.Part IV: Crimes of Possession Proof. This section includes proof of possession crimes accountability of the main and the "strict liability" in two parts. Article, possession crime does not lead to prove the existence of the rule change, "the prosecution burden of proof" is that we must adhere to the rules. "Strict liability" will be excluded from the proof of the subjective aspects of the content, does not meet the modern criminal law "not guilty have no responsibility for" the spirit of criminal law.