tong, male, 32 years old, was originally a buyer in a factory.

Lin, female, 28 years old, works in the same factory.

In 1997, Tong was sentenced to 3 years' imprisonment and suspended for 3 years for corruption. In October, 1999, Tong took up the idea of Pingmou, a young woman of the same age in qiangjian factory, and discussed with his concubine Lin, who lured Pingmou to Lin's home in the name of asking Pingmou to help repair the sewing machine. At dinner, Tong and Erh Lin people managed to get Pingmou drunk with wine, and Lin deliberately left home to sleep elsewhere. When Tongmou was about to commit rape, Pingmou woke up and shouted for help. Tongmou was afraid of being discovered by his neighbors. He buckled Pingmou's mouth with his hand and was bitten by Pingmou. The child had evil thoughts again, and slammed a certain neck with his hand, causing Ping to suffocate and die. Lin went home the next day and found that Pingmou was dead. When he was frightened, he promised to cover up the crime for Tongmou. That night, Tong and Erh Lin people put Ping's body in sacks and transported it to the suburbs, and threw it into the river. According to the above case, please answer the following questions:

(1) What is the crime of Tong's behavior?

(2) What is the crime of Lin's behavior?

(3) How should Tong and Lin be punished according to law?

Answer:

(1) Tong's behavior constitutes the crime of qiangjian (attempted) and intentional homicide.

(2) Lin's behavior constitutes the crime of qiangjian (attempted) and the crime of sheltering.

(3) Tongmou and Lin mou constitute a * * * joint crime of qiangjian, in which Tongmou should be the principal offender and Lin mou is an accessory (aiding offender), so Lin mou's crime of qiangjian can be lightened, lightened or exempted from punishment. For Tong, because the crimes of qiangjian and intentional homicide occurred during the probation period of corruption, the probation should be revoked, and three years' imprisonment for corruption should be combined with the crimes of qiangjian (attempted) and intentional homicide. For Lin, the crime of qiangjian (attempted) and the crime of sheltering should be combined.

a key point in the solution of this question is that when Tongmou was resisted by Pingmou in the process of implementing the crime of qiangjian Pingmou, he decided to kill Pingmou on purpose. At this time, qiangjian's behavior has ended, and the other behavior belongs to the nature of intentional homicide.

Detailed legal explanation:

First of all, in October, 1991, Tong Mou began to care about qiangjian, and discussed with Lin Mou, asking Lin Mou to help him. Lin Mou implemented specific help. It can be seen that Tong Mou and Lin Mou formed a * * * qiangjian, who intentionally and objectively committed corresponding criminal acts respectively (division of labor). Although Lin, as a woman, can't be the subject of qiangjian's crime alone, women should be guilty of qiangjian's crime. In this case, Lin appeared as an accomplice of Tong's qiangjian crime, so he should be punished as the same crime as qiangjian crime, and should also be convicted of qiangjian crime. Secondly, in the process of implementing the crime of qiangjian, Tong Mou took other methods other than violence and threats (that is, the method of getting drunk) to make the victim lose her ability to resist, and forced her to have sex with him. However, because Ping Mou was awakened and tried her best to resist, Tong Mou's qiangjian behavior failed to succeed, which was obviously caused by factors other than Tong Mou's will. According to the intention, Similarly, according to the basic theory of * * * accomplice, another * * * prisoner-Lin's crime of qiangjian is also attempted. Thirdly, Tongmou qiangjian failed to succeed, but because the murdered woman Pingmou shouted for help, because she was afraid that her neighbors would find out, Tongmou had the intention to kill her, and illegally deprived Pingmou of his life, which constituted a crime of intentional homicide according to law. Fourthly, for Tong's intentional homicide, Lin is not criminally responsible, because Tong and Erh Lin people only have the same intention of qiangjian, but not the same intention of killing, and Lin has not committed the crime of intentional homicide, that is, only Tong is criminally responsible for the act and result of killing Ping. Fifth, knowing that Tong had committed intentional homicide, Lin covered up the crime for him and threw the victim's body into the river in an attempt to hide the evidence of the crime. This behavior belongs to the nature of shielding and constitutes the crime of shielding in Article 311 of the Criminal Law. The so-called crime of sheltering refers to the act of falsifying evidence, concealing evidence, destroying evidence and falsifying the scene of a crime, knowing that it is a criminal, in order to help criminals escape legal sanctions. In this case, Lin's behavior after Tong's intentional murder conforms to this basic feature and constitutes a crime of sheltering.

In the punishment of Tong Mou and Lin Mou, the legal sentencing factors that should be paid attention to include: Tong Mou should be punished with the crime of qiangjian and the crime of intentional homicide. At the same time, since October 1999, when he committed the crime of qiangjian and the crime of intentional homicide, he was still in the probation period of his corruption crime in 1997, which was a new crime committed during the probation period. According to the provisions of Article 77 of the Criminal Law, The suspended declaration of corruption should be revoked, and the three-year imprisonment of corruption should be combined with the crime of qiangjian and intentional homicide, taking into account both the attempted situation of his crime of qiangjian and the principal offender of the crime of * * *. Lin should be punished with the crime of qiangjian (attempted) and the crime of sheltering. In the punishment, it should be considered that the attempted crime of qiangjian can be given a lighter or mitigated punishment according to law. Moreover, he is an accessory, and according to the provisions of Article 27 of the Criminal Law, he can be given a lighter, lighter or exempted punishment.