The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 406 Legal interest as a basis for incrimination
and so.

He did not completely refute the other party's allegations, but chose to "save" the two first.

in fact.

The point of Qin Mu's defense...

It's a loophole in the law.

Although Wang Wu's behavior did not constitute a crime, it was a serious breach of law and discipline.

in accordance with relevant regulations.

Shuanggui or suspension investigations are indispensable.

"This... this... can you still defend like this?"

Zhang Wei next to him understood what Qin Mu said, and widened his eyes again.

Take a deep breath.

He opened his eyes.

If Qin Mu found this defense idea after hard thinking and meditation for a few days, he could still accept it.

but……

From the time they got the title of the case to the hearing, the time was very short.

He is still in a dazed state.

Qin Mu sorted out the case again, and picked out Wang Wu and Zhang San.

With his knowledge of criminal law...

The line of thought proposed by Qin Mu is completely fine.

Although it sounds outrageous, from the perspective of criminal law, everything is justified.

It is difficult for Wang Wu and Zhang San to constitute a criminal offense.

There is no civil liability.

And in the auditorium.

The gold-medal lawyers who watched the excitement couldn't sit still again, and some of them directly burst out a foul language.

"Damn it? How did he find this idea? Doesn't that mean that the staff of state agencies can blatantly collect money?"

"I didn't expect this at all. This Qin Mu is really awesome."

"Everyone, don't worry, the lawyers in Liuzhou are not vegetarians, and it is impossible for them to be beaten by Qin Mu like in the first round."

"It's too early to tell who will win."

"..."

Everyone was shocked.

It quickly calmed down.

Although Qin Mu's defense idea is very unpopular, there are five lawyers in Liuzhou!
Impossible not to fight back.

"Boom-"

Accompanied by the sound of a gavel.

The presiding judge spoke in a deep voice, and announced: "Now to summarize the focus of the conflict between the two parties, this trial will focus on whether Zhang San and Wang Wu constituted a crime."

"Now, enter the link of proof and cross-examination."

Majestic voice.

Echoed over the moot court.

……

in the afternoon.

Law Study Alliance Forum.

The forum, which had been silent for several hours, exploded again.

"The second round of mock trial has started, have you watched it? This time it's more exciting!"

"I learned one more thing, de facto authority and statutory authority, and taking money to do things does not constitute a crime?"

"Why do I feel that Up is getting more and more scary? If he goes to embezzle and accept bribes, will he not be able to catch him? Even if he is caught, he will not constitute a crime?"

"It's scary to think about it carefully! But then again, with the luck of up buying lottery tickets, there is no need to use other methods to make money, right?"

"..."

Many netizens are always paying attention to the mock trial.

Those with good intentions even posted the content of the second round of the trial on the forum and organized everyone to analyze it together.

However, the idea proposed by Qin Mu...

The unconscious sets the precedent.

Let them know...

It turns out that taking money to do things may not constitute a crime.

As long as things are not within their legal powers, they can intervene to help.

Also.

Netizens with wide-open minds discovered a very helpless social phenomenon from this case.

That is……

These days, if you want to do things quickly, you have to spend some money and get some connections.

Zhang San just wanted to get back the project money he deserved, but was repeatedly owed.

Without any choice.

Only then chose to take relationship bribery.

It turns out.

As long as the money is stuffed, things will be done that night.

"Our social atmosphere is ruined by these people. If you don't give money, you won't do anything."

"It's still Wang Wu who is smart, he can't figure it out, so he gave Zhao Liu the money, it's a real person."

"I hated Wang Wu when I was a child, envied Wang Wu when I was sensible, and became Wang Wu when I grew up."

"Wang Wu is the winner in life. As expected of a public security agency, he knows a lot of laws. He blatantly collects money. There is nothing he can do about it!"

"Did you forget that there is a double standard?"

"..."

in the forum.

The topic of discussion has deviated again.

From marveling at Qin Mu's awesomeness, to expressing indignation at the phenomenon of taking money to do things.

Many times, the phrase "go through the process"...

It's been half a year since I left.

It is exhausting.

But sensible people often put some money in and do things better and faster.

"It's a pity that this is just a virtual case, a mock trial, otherwise I really hope that up will also rectify this phenomenon."

"It's probably not possible in Jincheng. Who in Jincheng doesn't know up now?"

"It is strongly recommended to come up to my place. Our place is a typical place where we don't charge money and do nothing. There are a lot of materials."

"Aren't you too insane? Are you using up as a tool to purify the social atmosphere?"

"..."

chat and chat.

Netizens began to self-introduce their families and offer advice.

It is suggested that Qin Mu travel more in the clouds.

Make more contributions to the "harmonious society".

after all……

Qin Mu's contribution to Jincheng is obvious to all.

A civilized city cannot be judged by just any place.

……

Jincheng.

nursing home.

Zhang Qingyuan, Li Weiguo, Song Tiancheng and others were gathering in front of the projection screen, listening to Qin Mu's defense meticulously.

next to them...

The best Wan Zhongyuan occasionally explained the situation on the court to them.

of course.

When encountering more profound legal knowledge that he doesn't understand, he will choose to search for Du Niang.

"De facto authority...statutory authority, and so on."

Listening to Qin Mu's defense direction, Wan Zhongyuan was taken aback for a moment.

Quickly picked up the phone.

Searched again.

Only then did I understand what Qin Mu said.

If you exercise your statutory powers, as long as you seek benefits, it is a crime.

If exercising de facto powers, it is necessary to seek improper benefits before it constitutes a crime.

Seeking legitimate interests will not constitute a crime.

For example.

If Wang Wu used his de facto authority to demand 10 yuan from Zhao Liu, it would be a crime of extortion.

However, if Wang Wu used his de facto authority to put pressure on Zhao Liu and demand that Zhao Liu return the 10 yuan owed to him, it would not constitute any crime.

The same reason.

If Wang Wu used his legal authority to arrest Zhao Liu and demand that he return the 10 yuan owed to him, it would also constitute a crime.

"So complicated?"

Zhang Qingyuan blinked in confusion after hearing this.

I didn't understand what was going on for a long time.

This thing is really a bit convoluted.

"That means...Xiao Qin won again this time?"

Seeing this, several elderly people next to him couldn't help asking.

"Should...maybe win."

Wan Zhongyuan glanced at the projection screen and said quietly.

For now.

After Qin Mu put forward this point of view, the advantage should be on Qin Mu's side.

but……

Whether to advance to the third round is determined by the performance points of both sides.

If Qin Mu didn't perform well later on, he might not be able to advance to the next level.

……

Magic City.

In mock court.

"Presiding judge, here is the relevant evidence collected by our side that Zhang San sent money to Wang Wu. We verified the numbered 10 yuan at Wang Wu's home."

"Here is the evidence that Zhao Liu collected money from our collection."

"Here is Zhang San's confession. He has admitted that he sent money to Wang Wu, asking him to help clear up the relationship, get the project money, and promise to give him another 30 after the project is completed."

"Here is Li Si's statement. He has admitted that Zhao Liu called him to put pressure on him..."

Several lawyers from Liuzhou took a deep breath and presented relevant evidence on their own initiative.

And emphasized: "We believe that the actions of Zhang San, Li Si, Wang Wu and Zhao Liu have violated the relevant laws. As state agency staff, Wang Wu and Zhao Liu know the law and break the law, which is even worse."

"Among them, Wang Wu received money to do things. Although he used his actual authority, his purpose and motivation were not pure, and it would damage the country's image in terms of legal interests."

"therefore……"

Three criminal lawyers are not to be outdone.

He frantically bombarded Qin Mu.

A new angle is proposed, that is legal interests.

Well known.

The reason why laws are formulated is to protect the interests of the country, society or individuals, and its core idea is legal interests.

The same is true of criminal law.

Every criminal law has its legal interests to protect.

As far as the crime of accepting bribes is concerned, what is being protected is the authority of the state and the positive image of state staff.

And Wang Wu's behavior...

The purpose and motivation were extremely impure. In order to avoid legal sanctions, he chose to call Zhao Liu.

His actions seriously damaged the positive image of the country.

And in criminal law.

There is a well-known theory that legal interest is the basis of conviction.

If the legal interests are harmed, it can be used as a crime.

Wang Wu's behavior has indeed violated the interests protected by the law.

(End of this chapter)