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

Chapter 414 What exactly is the charge?
Subsequently.

He was patient and continued to read.

I thought this case was a copyright dispute.

But looking at...

He found something was wrong.

original.

Zhang San was originally a poor and down-to-earth novelist, writing one after another.

I haven't made any money for a few years.

until one day.

Li Si found him and asked him to help write the script.

A high price of 5 yuan was also offered for a set of scripts.

There is only one requirement, the script he writes must revolve around defrauding other people's property, with self-consistent logic and convincing speaking skills.

He didn't suspect anything else at the time.

It took a few days to write a complete set of scripts.

Li Si was overjoyed after reading it.

He gave Zhang San an extra 2 yuan.

Thereafter.

Every once in a while, Li Si would find Zhang San and spend a lot of money to buy a new script.

In order to make the script realistic, Zhang San even taught himself psychology, social engineering and other aspects.

The scripts are getting better and better.

The two worked together for three years.

until one day……

Li Si and his gang were arrested for fraud, and Zhang San was also confessed by the way.

Zhang San was arrested and brought to justice.

however……

During the interrogation, Zhang San said that he also understood the law, and he didn't know the purpose of Li Si's purchase of the script at all.

Just write the script according to Li Si's request.

It's none of Li Si's business to use his scripts to kill people, set fires, deceive people, etc.

"The only criminal case was drawn by us?"

Zhang San swallowed, and couldn't help but glance at Qin Mu.

There are four cases in the fourth round of mock trial.

Only one of them was criminally related.

The remaining three are civil and economic disputes.

Qin Mu's luck in drawing lots...

I really have nothing to say.

but……

Intuition told him that this case was a bit tricky.

That's right.

This time they did not draw the defendant's defense lawyer's side, but the public prosecutor's side.

It is necessary for them to...

File a lawsuit against Zhang San.

But after thinking about it again and again, he found that Zhang San seemed to have been prepared for a long time.

He has always insisted that he does not know Li Si.

It was just providing the script for Li Si, and did not participate in the fraudulent operations of Li Si's gang.

"Instigating others to commit a crime is probably not established..."

He muttered and analyzed it carefully.

Instigating others to commit a crime refers to instilling one's criminal intent into a person who does not have criminal intent by means of persuasion, luring, instigation, instigation, bribery, threats, etc., so that he commits a crime according to the instigating criminal intent.

Instigating a person does not commit the crime himself, but instigates others to carry out his criminal intent.

The instigator and the perpetrator are accomplices.

Whatever crime the offender commits, the instigator should also be sentenced to that crime.

And in this case.

Zhang San wrote the script for Li Si's criminal gang, which is obviously not abetment.

because……

Li Si himself has criminal intent, not taught by Zhang San.

Besides.

Zhang San still cannot be identified as Li Si's accomplice.

because……

He had not participated in Li Si's "fraudulent business" and had no knowledge of Li Si's business.

The only intersection between the two sides...

Just write the script.

But this script...

Provided Li Si's fraud team with a complete set of words, as well as psychological hints and other knowledge.

The criminal success rate of Li Si's fraud team has greatly increased.

Zhang San played a crucial role in the implementation of the crime.

"Just writing the script...I'm afraid there is still no way to sue."

Qin Mu nodded, also feeling a little troubled.

This time they are playing the role of prosecutors.

Zhang San needs to be prosecuted.

But Zhang San's behavior is a serious borderline, but it is not illegal.

He sold Li Si scripts for three years.

Li Si's "occupation" could be more or less guessed, but he still chose to sell the script to Li Si.

To say that he didn't know anything about it would be an understatement.

but……

He only sold the script and did not participate in the process.

This should not be taken lightly to convict.

otherwise……

Those knives used by murderers to kill people still need to be held accountable for the sellers.

This is obviously unreasonable.

"In the criminal law, behaviors or occupations in daily life, even if they violate legal interests, cannot be treated as crimes."

Zhang Wei sighed and read out an explanation of the criminal law.

For example, someone sells knives.

As a result, someone bought a knife to kill someone, which constituted the crime of homicide.

But the man who sells knives...

Should belong to the innocent, his selling knives is just a daily behavior.

But if someone hears that someone is trying to kill someone and goes to him and offers him a knife...

That's an accomplice.

Take Zhang San in this case as an example.

He is a novelist who writes plays for a living, which is an act of daily life.

Should not be treated as a crime.

"What the hell? We actually got a divorce lawsuit in our area? This case is too outrageous, isn't it fake marriage + fake divorce + bigamy?"

"Hurry up and study how to handle this case. The court is about to start."

"The case we got was a copyright dispute + financial dispute, and it's not easy to fight."

"Time is too tight, hurry up and ask for help outside the venue."

"..."

In the venue.

The gold medal lawyers from the eight regions who advanced to the fourth round were all a bit sad.

A big head.

The complexity of the case in the fourth round has increased by another level.

Hearing the noise around him, Zhang Wei couldn't help swallowing.

Judging from people's reactions...

Their case is not the hardest.

"How about... let's sue Zhang San for administrative punishment, or give him a suspended sentence?"

Subsequently.

He took a deep breath and looked at Qin Mu.

made his own proposal.

Zhang San must be punished for selling scripts.

This is also a difficult point in testing how they are sentenced.

If the sentencing is reasonable, the evaluation score will be correspondingly much higher.

If there is a deviation in sentencing...

Then maybe the fourth round will be eliminated.

"If you sue for probation... you will definitely be eliminated."

Qin Mu shook his head slightly when he heard the words.

His idea of ​​prosecution was not approved.

After a slight pause.

He said slowly again: "If you want to sue...just send Zhang San in!"

This is just a simulated case.

But in reality, Zhang San must know what Li Si did.

But he still chose to help Li Si for money.

This kind of person is sent in...

He has no psychological burden.

"But... for what crime?"

Zhang Wei blinked and couldn't help but "ask for advice".

for a short period of time.

He did not find any charges that could convict Zhang San.

When they practice criminal law, they must pay attention to the unity of subjectivity and objectivity of evidence and jurisprudence in everything.

"There are two charges, one is..."

Just as Qin Mu wanted to explain to Zhang Wei, he was urged by the on-site staff to go to the first moot court.

And the other seven groups of gold medal lawyers who advanced to the final...

They also rushed to their respective moot courts, ready to start the trial.

……

Law Study Alliance Forum.

at the same time.

With the announcement of the topic, netizens on the forum once again had heated discussions.

This topic is still related to criminal cases.

Many people are interested.

"This time up actually got the public prosecutor's side, how to sue? It feels a bit difficult."

"It's not so difficult. I feel that as long as the other party's lawyer doesn't make mistakes, the innocence defense has a high probability of being successful!"

"As long as Zhang San insists that he doesn't know that Li Si is cheating, he should be fine."

"But with Up's violent temper, it is estimated that if there is no problem, there will be a problem."

"This method of teaching crime...shouldn't constitute a crime, right? If so, wouldn't it be a crime for Up to post videos on the Internet every day?"

"..."

Netizens after seeing the content of the case.

I also thought about it carefully.

but……

The legal knowledge and "prison tricks" they learned from Qin Mu couldn't match Zhang San's behavior.

This method of teaching crime...

As long as you express that you have no prior knowledge and that you have not participated in the criminal process, usually nothing will happen.

after all……

Zhang San didn't get a commission from the scam gang either, but simply got the equivalent value of selling the script.

This behavior is neither illegal nor criminal.

never...

Teaching criminal methods also constitutes a crime, right?

If this is the case, then Qin Mu definitely falls into this category of crimes.

He has been explaining the composition of criminal charges in the law-enhancing videos, and occasionally tells tips on how to commit crimes without being caught.

"I find it a bit difficult. The other party's lawyers are not easy to use. I watched their mock trial yesterday. One of them is the best at defending innocence."

"The opponent seems to be a lawyer from Liangcheng, right? They are indeed very strong, and they are all good at criminal law. It can be regarded as a peak duel."

"Finally, I encountered a court trial that I could understand. The previous court trials were beyond my knowledge."

"..."

After understanding the opponent's strength.

Netizens in the forum suddenly looked forward to the trial.

(End of this chapter)