"First of all, the 'activity' here should be a dynamic and static form whose external manifestations meet the objective elements of a certain crime. Whether or not the objective elements of the crime are met should be based on the judgment standards of ordinary people in society. In addition, such 'activities' also infringe on the interests protected by criminal law and are harmful to society.

Second, the 'criminal activity' is not the same as the 'crime', and it does not require that the criminal activity fully complies with the subjective and objective elements of the crime, nor does it require that the social harm of the act must reach the level of criminal illegality and punishable by criminal punishment.

Let me give you an example, for example, if the perpetrator sees A chasing and slashing B with a knife on the street, and he steps forward to stop him, it should be found to be 'preventing others from committing criminal activities'. As to whether A subjectively had the intent to kill or injure, and whether A ultimately hacked B to death or slashed B to a degree of injury of more than minor injury, it does not affect whether A's conduct has the external manifestation of the objective elements of the crime of intentional homicide or intentional injury.

At this time, based on A's objective conduct and the circumstances in which B's person is about to suffer serious harm, it can be judged that A is committing criminal activities of intentional homicide or intentional injury. As to whether A's other constituent elements such as whether A has reached the age of criminal responsibility, whether he is mentally ill, and whether A's other constituent elements can be met, and whether A's criminal responsibility is not pursued later because the circumstances are obviously minor, the statute of limitations has passed, he has been pardoned, he has surrendered for meritorious service, etc., it does not affect the determination that A's conduct is 'criminal activity'.

In this case, the defendant Kong Xusheng discovered that the perpetrator of the theft was stealing other people's wallets and stopped it, and although the judicial authorities did not pursue criminal responsibility for the perpetrator's behavior, the act infringed on the victim's property interests, was harmful to society, and objectively met the external manifestations of the objective elements of the crime of theft, and should be found to be a 'criminal activity' in the meritorious service of 'stopping the criminal activities of others'.

2. Kong Xusheng's actions prevented the continuation of the criminal acts.

The "stop" in 'stopping the criminal activities of others' requires not only the act of "stopping", but also the effect of "stopping", that is, the criminal activities of others are stopped, or they are not continued within a specific time and space, or the state or result of the infringement of legal interests is controlled or eliminated in a timely manner.

In judicial practice, if the perpetrator actively obstructs the criminal activities of others, but does not produce the actual effect of objectively stopping the criminal activities due to reasons such as being alone or accidents, then it cannot be found to be meritorious service.

However, in actual sentencing, the court will generally consider the specific circumstances such as the degree of involvement and the size of the role of the perpetrator in stopping the criminal activity, and make it a discretionary circumstance for a lighter punishment.

3. The "others" in 'preventing the criminal activities of others' include both natural persons and entities.

Natural persons are not subject to restrictions on the capacity for criminal responsibility among the subjects of the crime, including persons who lack or have limited capacity for criminal responsibility due to age, mental state, or other such reasons.

In this case, this is the case of the thief who was caught by Kong Xusheng and was in the process of committing a theft.

4. There must be a causal relationship between the "criminal activity of others" and the act of stopping, that is, the criminal activity must be stopped because of the intervention of the act of stopping. In this case, it was precisely because of Kong Xusheng's intervention that the theft was terminated.

5. 'Stopping the criminal activities of others' must be on the spot, with specific time and space restrictions. Kong Xusheng's arrest of the perpetrator of the theft is in line with the above restrictions.

To sum up, in this case, the defendant Kong Xusheng stopped the theft activities of the thief who stole another person's wallet while he was released on bail pending trial, and then the public security organ did not handle it as a criminal case because the thief had not reached the age of criminal responsibility.

Although the perpetrator of theft does not meet the requirements for the establishment of a criminal entity, he may become the subject of the 'criminal conduct' in the meritorious service of 'stopping the criminal conduct of others'.

The theft of another person's wallet by the perpetrator meets the external manifestation of the objective elements of the crime of theft, and the stolen bag contains 20,000 yuan in cash, which has met the standard for prosecution for the crime of theft, and the amount is huge, and it is an act that is harmful to society and objectively infringes on the interests protected by the criminal law, and falls within the category of 'criminal activities' in the meritorious service of 'stopping the criminal activities of others'.

Therefore, Kong Xusheng's act constituted meritorious service by stopping the theft of the perpetrator of theft on the spot, so that the victim's property interests were not infringed upon. Fang Yi's mouth flew up and down, and the corners of his mouth foamed.

Zhou Ying looked at Fang Yi, the lawyer's opinion was drafted by her and revised by Fang Yi, she naturally knew how much content there was, but she didn't expect Fang Yi to expand so much content, and what she said was the Tao. She really wanted to open Fang Yi's brain to see what was going on.

Although Inspector Liu didn't speak much later, he was very surprised by Fang Yi's explanation, he didn't expect the famous lawyer Fang to be so able to spray.

"Lawyer Fang, can you print a copy of what you just explained to us? We need to hold a meeting to discuss this matter, and the determination of meritorious service has a certain impact on the defendant's sentencing, so we have to be cautious. "Prosecutor Wang's meaning is very clear, we will bring the lawyer's opinion to the meeting for discussion, and as for the result...... Wait for the announcement.

Fang Yi understood that the Inspector Wang in front of him had been sprayed by him!

Out of the door of the procuratorate, Zhou Ying smiled: "Lawyer Fang, it seems that there is a play." ”

When Kong Xusheng's case was opened, it was Zhou Ying who defended him.

The procuratorate's opinion is that it is recommended that Kong Xusheng's conviction be upheld, and that Kong Xusheng's prevention of others from committing the crime should be found to be an immediate circumstance.

At the end of the trial, the collegial panel announced the verdict in court.

The Intermediate People's Court held that the appellant, Kong Xusheng, as a state functionary, took advantage of his position to accept bribes from others and seek benefits for others, and his conduct constituted the crime of accepting bribes.

In view of Kong Xusheng's meritorious service in preventing others from committing crimes, his punishment was commuted in accordance with law. In accordance with the provisions of Article 93, Paragraph 2, Article 385, Paragraph 1, Article 386, Article 383, Paragraph 1, Item 1, Article 59, and Article 64 of the Criminal Law, Articles 4 and 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service, and Article 189, Paragraph 3 of the Criminal Procedure Law, the judgment is as follows:

1. Item 2 of the District Court's Criminal Judgment No. 234 is upheld, that is, the 300,000 yuan of stolen money returned shall be confiscated, and the stolen money that has not yet been returned shall be recovered;

2. Revoke item 1 of the District Court's Criminal Judgment No. 234, that is, the defendant Kong Xusheng was sentenced to 10 years imprisonment and confiscated 100,000 yuan of property for the crime of accepting bribes;

3. The appellant (defendant in the original trial) Kong Xusheng was sentenced to nine years' imprisonment and confiscation of 100,000 yuan of property for the crime of accepting bribes.

Kong Xusheng's sentence was reduced from 10 years to 9 years, although it was not much, but one year less was one year.

Although the final result was not as good as Su Cuirong expected, when Su Cuirong recalled Fang Yi's words, she felt that Fang Yi was still more reliable in doing things, at least she didn't fool herself. (End of chapter)