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公安机关侦办各类 常见刑事案件笔录制作实体要素

目 录

一、盗窃案之犯罪嫌疑人实体要素 ········································· 1

（一）盗窃的主观故意和动机 ···························································· 1 （二）盗窃行为的具体状态 ······························································· 1 （三）盗窃作案工具的基本情况 ························································· 1 （四）被盗窃对象的基本情况 ···························································· 1 （五）盗窃财物处理情况 ·································································· 2 （六）多人作案 ·············································································· 2 （七）嫌疑人被抓获情况 ·································································· 2 （八）现场情况 ·············································································· 2

二、盗窃案件之询问被害人实体要素 ······································ 2

（一）被害人身份信息 ····································································· 2 （二）被害人陈述 ··········································································· 3 （三）需单独设问查清的情节 ···························································· 3

1、被盗窃物品的基本情况 ············································································ 3 2、发现、抓获犯罪嫌疑人具体过程 ································································ 3 3、现场情况 ······························································································ 3

三、故意伤害案件之讯问犯罪嫌疑人实体要素 ·························· 3

（一）故意伤害的主观故意和动机 ······················································ 4

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（二）故意伤害行为的具体过程 ························································· 4 （三）作案工具的基本情况 ······························································· 4 （四）被故意伤害对象的基本情况 ······················································ 4 （五）多人共同伤害 ········································································ 4 （六）现场情况 ·············································································· 5

四、故意伤害案件之询问被害人实体要素: ······························· 5

（一）被害人信息 ··········································································· 5 （二）被害人陈述被伤害过程 ···························································· 5 （三）需可单独设问查清的情节 ························································· 5

1、被故意伤害的具体过程 ············································································ 5 2、犯罪嫌疑人特征 ····················································································· 5 3、受害人的过错 ························································································ 6 4、现场情况 ······························································································ 6

五、抢劫案件之讯问犯罪嫌疑人实体要素 ································ 6

（一）抢劫的主观故意和动机 ···························································· 6 （二）抢劫信息 ·············································································· 6 （三）抢劫行为的具体方式 ······························································· 6 （四）抢劫的情节 ··········································································· 7 （五）抢劫作案工具（凶器）的基本情况 ············································· 7 （六）被抢劫对象的基本情况 ···························································· 7 （七）抢劫的现场情况 ····································································· 7

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