The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 415 The crime of teaching criminal methods
Chapter 415 The crime of teaching criminal methods
The previous mock trials...
for them.
Some do not understand.
It involves more, but civil law or other legal provisions.
And the fourth round of trial...
If nothing else, at least they can understand.
……
Magic City.
First moot court.
Qin Mu and Zhang Wei walked into the court side by side and saw their opponents this time.
Three lawyers from Liangcheng.
All three specialize in cases in the criminal defense field.
One of them is particularly good at innocence defense. It is said that he has helped dozens of defendants in innocence defenses and was successfully released.
"Boom-"
Accompanied by the sound of a gavel.
The trial officially begins.
The presiding judge looked at Qin Mu first, and asked, "The public prosecutor, please speak on this case first, stating the complaint and the reasons for the case."
After Zhang Wei listened.
Immediately, he looked at Qin Mu nervously, as if lying completely flat.
Handed over the right of defense to Qin Mu.
Qin Mu took a deep breath, glanced at the opposing lawyer, and then stood up directly.
Said in a deep voice: "Today, our court uncovered a huge fraud case involving a fraudulent gang, in which Li Si and his fraudulent gang defrauded as much as 2000 million yuan."
"During this process, it was verified that Zhang San had provided fraud scripts to Li Si and his gang for a long time, teaching the fraud gang how to use fixed words to win the trust of others, thereby defrauding money. His behavior has constituted a serious crime."
When Qin Mu was talking about it.
Everyone around was looking at him, as if they wanted to know how he would sue Zhang San for selling the script.
Qin Mu paused for a while.
Then he added: "Although Zhang San claimed that he only sold scripts with an excuse, never participated in criminal activities, and never received criminal dividends, he has sold fraudulent scripts many times for a long time, and added psychological hints and social engineering content to it..."
"It has already constituted the crime of imparting criminal methods. We apply to the court and request that Zhang San be sentenced to three years in prison."
Qin Mu's voice kept echoing in the courtroom.
But it made several gold medal lawyers from Liangcheng look serious.
Qin Mu's accusation...
It was indeed beyond their expectations.
This is an extremely unpopular charge, and ordinary criminal lawyers may rarely be exposed to this charge.
But on second thought.
This crime is indeed very suitable for Zhang San.
"This lawsuit...is really not so easy to fight."
Several lawyers looked at each other and couldn't help but sigh with emotion.
After knowing that his opponent is Qin Mu.
They felt Alexander.
Qin Mu's performance in the first three rounds...
It's too perverted.
Every round is promoted based on the number one performance points, which is enough to illustrate his strength.
and.
Not only in the field of criminal defense, Qin Mu also seems to be good at defense in other fields.
Comprehensive strength is extremely strong.
"There are three of us, all good at criminal defense, we should have a chance."
Several lawyers took a deep breath and forcibly cheered themselves up.
They have reached the fourth round.
One more promotion...
You can break into the top four in the country!
"Boom-"
"Next, let the defense attorney of the defendant respond."
The presiding judge quickly turned his attention to the three of them.
The three pondered for a moment.
Then one person stood up and began to defend: "Our client sells the script, but it is for the need of making a living, it is due to his occupation, it is a normal behavior in daily life, and should not be treated as a crime. .”
"Second, our client sold fraud scripts. The original purpose was to publicize how to prevent fraud, but it was used by Li Si unexpectedly. The starting point was not to help others commit crimes, and there was no criminal motive."
"Third, our party has never received any dividends from Li Si's fraudulent activities. The only exchange between the two parties is the sale of the script, which is more in line with the market price, and it is not a disguised transaction..."
Liangcheng's lawyer eloquently explained his defense point of view.
Trying to defend Zhang San's innocence.
Everyone knows it.
As long as they can successfully plead not guilty in this case, there is no problem in advancing to the fifth round.
"In this case, the court announces that the focus of the dispute between the two parties is whether Zhang San's act of selling fraudulent scripts constitutes a crime, and the next trial will be conducted around this point."
After the presiding judge concluded, he then presided over the trial.
After Liangcheng's lawyer defended.
The trial then entered the stage of proof and cross-examination.
Everyone once again turned their attention to Qin Mu, wanting to see what kind of evidence Qin Mu would present as the prosecutor.
"Judge, judges."
Qin Mu took a step forward and said, "This is my confession, Li Si. Under the interrogation, he took the initiative to confess that he found Zhang San and asked to buy fraudulent scripts, and the two parties have cooperated for three years. He bought seventeen scripts successively."
"They are the script of selling the tea girl, the script of killing pigs, etc..."
These scripts are all written by Zhang San.
Establish a virtual image of innocence, gradually defraud the victim's trust, and finally use various methods to extract property.
and.
In order to strengthen the credibility of the script, Zhang San taught himself psychology and added psychological hints to the script.
The probability of success of fraudulent routines is increasing.
According to Li Si's account.
After they discovered that Zhang San was a talent, they carried out the fraud completely according to the script written by Zhang San.
The fraud success rate has increased by at least [-]%!
"The script written by Zhang San provided methodological guidance to Li Si's fraud gang and played a vital role in the criminal activities."
Qin Mu took a deep breath, and then listed the evidence: "This is the crime data confessed by Li Si. It is the number of people deceived by 2000 scripts and the amount of money. The total is as high as [-] million yuan."
"This is Zhang San's profit from Li Si's sale of the script, a total of 130 million..."
"This is……"
After showing a series of evidence.
Qin Mu went on to say: "According to the criminal law, Li Si's behavior has completely constituted the crime of imparting criminal methods."
Subsequently.
He read out the legal provisions of the crime of teaching criminal methods in public.
The crime of imparting criminal methods refers to the act of intentionally imparting specific experience and skills in committing crimes to others by using language, writing, actions, images or other methods.
That's right.
In fact.
In order to put an end to acts other than abetting crimes, the criminal law has specially established an independent crime.
after all……
Abetting a crime is an accomplice.
In many cases, the person who told others how to commit a crime was not directly involved in the incident.
And abetting a crime is aimed at abetting a person who has no criminal intent to commit a crime.
Does not include abetting those who want to commit crimes.
And the crime of teaching criminal methods...
It can just make up for this loophole.
The most important thing……
That is, this charge is different from abetting a crime, it is a behavioral crime.
That is to say, no matter whether you have participated in the crime or not, as long as you teach others how to commit the crime, you constitute the crime.
On sentencing.
Those who teach criminal methods shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or public surveillance;
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years;
If the circumstances are particularly serious, he shall be sentenced to life imprisonment or death.
Also.
The crime of imparting criminal methods and the criminal do not constitute an accomplice.
Even if Li Si committed the crime according to Zhang San's script, the two did not constitute an accomplice.
But Zhang San's behavior...
However, it fully complies with the elements of the crime of imparting criminal methods.
……
Law Study Alliance Forum.
For an instant.
Postings skyrocketed.
"Good guy, is there really a crime of teaching criminal methods? Are there such crimes?"
"It's over, it's over, then I can't talk nonsense from now on. I teach others how to kill people and wipe out traces on the Internet, but if they follow suit, I will still be implicated?"
"Which old man said before that teaching the method of crime is not crime?"
"I have a question now, so the up has taught so many criminal methods, will it constitute a crime?"
"This... I'm going to ask up."
"..."
Those netizens who were paying attention to the mock trial all looked open-eyed.
The crime Qin Mu sued...
They never heard of it.
I never thought that writing a script could really constitute a crime.
To know.
This is different from abetting a crime. Abetting a crime is telling others how to commit a crime.
Let people who have no criminal intentions have criminal motives and commit crimes.
is an accomplice.
And this...
Just teaching methods without participating in any other things also constitutes a crime.
The same reason.
Qin Mu has released so many videos, and someone with a heart has learned how to commit crimes...
Doesn't it mean that Qin Mu has already "committed many crimes"?
"It shouldn't be so, it's impossible for Up to be stupid enough to make such a mistake."
Everyone changed their minds.
He also felt that it was impossible for Qin Mu to leave such a loophole for himself.
(End of this chapter)
The previous mock trials...
for them.
Some do not understand.
It involves more, but civil law or other legal provisions.
And the fourth round of trial...
If nothing else, at least they can understand.
……
Magic City.
First moot court.
Qin Mu and Zhang Wei walked into the court side by side and saw their opponents this time.
Three lawyers from Liangcheng.
All three specialize in cases in the criminal defense field.
One of them is particularly good at innocence defense. It is said that he has helped dozens of defendants in innocence defenses and was successfully released.
"Boom-"
Accompanied by the sound of a gavel.
The trial officially begins.
The presiding judge looked at Qin Mu first, and asked, "The public prosecutor, please speak on this case first, stating the complaint and the reasons for the case."
After Zhang Wei listened.
Immediately, he looked at Qin Mu nervously, as if lying completely flat.
Handed over the right of defense to Qin Mu.
Qin Mu took a deep breath, glanced at the opposing lawyer, and then stood up directly.
Said in a deep voice: "Today, our court uncovered a huge fraud case involving a fraudulent gang, in which Li Si and his fraudulent gang defrauded as much as 2000 million yuan."
"During this process, it was verified that Zhang San had provided fraud scripts to Li Si and his gang for a long time, teaching the fraud gang how to use fixed words to win the trust of others, thereby defrauding money. His behavior has constituted a serious crime."
When Qin Mu was talking about it.
Everyone around was looking at him, as if they wanted to know how he would sue Zhang San for selling the script.
Qin Mu paused for a while.
Then he added: "Although Zhang San claimed that he only sold scripts with an excuse, never participated in criminal activities, and never received criminal dividends, he has sold fraudulent scripts many times for a long time, and added psychological hints and social engineering content to it..."
"It has already constituted the crime of imparting criminal methods. We apply to the court and request that Zhang San be sentenced to three years in prison."
Qin Mu's voice kept echoing in the courtroom.
But it made several gold medal lawyers from Liangcheng look serious.
Qin Mu's accusation...
It was indeed beyond their expectations.
This is an extremely unpopular charge, and ordinary criminal lawyers may rarely be exposed to this charge.
But on second thought.
This crime is indeed very suitable for Zhang San.
"This lawsuit...is really not so easy to fight."
Several lawyers looked at each other and couldn't help but sigh with emotion.
After knowing that his opponent is Qin Mu.
They felt Alexander.
Qin Mu's performance in the first three rounds...
It's too perverted.
Every round is promoted based on the number one performance points, which is enough to illustrate his strength.
and.
Not only in the field of criminal defense, Qin Mu also seems to be good at defense in other fields.
Comprehensive strength is extremely strong.
"There are three of us, all good at criminal defense, we should have a chance."
Several lawyers took a deep breath and forcibly cheered themselves up.
They have reached the fourth round.
One more promotion...
You can break into the top four in the country!
"Boom-"
"Next, let the defense attorney of the defendant respond."
The presiding judge quickly turned his attention to the three of them.
The three pondered for a moment.
Then one person stood up and began to defend: "Our client sells the script, but it is for the need of making a living, it is due to his occupation, it is a normal behavior in daily life, and should not be treated as a crime. .”
"Second, our client sold fraud scripts. The original purpose was to publicize how to prevent fraud, but it was used by Li Si unexpectedly. The starting point was not to help others commit crimes, and there was no criminal motive."
"Third, our party has never received any dividends from Li Si's fraudulent activities. The only exchange between the two parties is the sale of the script, which is more in line with the market price, and it is not a disguised transaction..."
Liangcheng's lawyer eloquently explained his defense point of view.
Trying to defend Zhang San's innocence.
Everyone knows it.
As long as they can successfully plead not guilty in this case, there is no problem in advancing to the fifth round.
"In this case, the court announces that the focus of the dispute between the two parties is whether Zhang San's act of selling fraudulent scripts constitutes a crime, and the next trial will be conducted around this point."
After the presiding judge concluded, he then presided over the trial.
After Liangcheng's lawyer defended.
The trial then entered the stage of proof and cross-examination.
Everyone once again turned their attention to Qin Mu, wanting to see what kind of evidence Qin Mu would present as the prosecutor.
"Judge, judges."
Qin Mu took a step forward and said, "This is my confession, Li Si. Under the interrogation, he took the initiative to confess that he found Zhang San and asked to buy fraudulent scripts, and the two parties have cooperated for three years. He bought seventeen scripts successively."
"They are the script of selling the tea girl, the script of killing pigs, etc..."
These scripts are all written by Zhang San.
Establish a virtual image of innocence, gradually defraud the victim's trust, and finally use various methods to extract property.
and.
In order to strengthen the credibility of the script, Zhang San taught himself psychology and added psychological hints to the script.
The probability of success of fraudulent routines is increasing.
According to Li Si's account.
After they discovered that Zhang San was a talent, they carried out the fraud completely according to the script written by Zhang San.
The fraud success rate has increased by at least [-]%!
"The script written by Zhang San provided methodological guidance to Li Si's fraud gang and played a vital role in the criminal activities."
Qin Mu took a deep breath, and then listed the evidence: "This is the crime data confessed by Li Si. It is the number of people deceived by 2000 scripts and the amount of money. The total is as high as [-] million yuan."
"This is Zhang San's profit from Li Si's sale of the script, a total of 130 million..."
"This is……"
After showing a series of evidence.
Qin Mu went on to say: "According to the criminal law, Li Si's behavior has completely constituted the crime of imparting criminal methods."
Subsequently.
He read out the legal provisions of the crime of teaching criminal methods in public.
The crime of imparting criminal methods refers to the act of intentionally imparting specific experience and skills in committing crimes to others by using language, writing, actions, images or other methods.
That's right.
In fact.
In order to put an end to acts other than abetting crimes, the criminal law has specially established an independent crime.
after all……
Abetting a crime is an accomplice.
In many cases, the person who told others how to commit a crime was not directly involved in the incident.
And abetting a crime is aimed at abetting a person who has no criminal intent to commit a crime.
Does not include abetting those who want to commit crimes.
And the crime of teaching criminal methods...
It can just make up for this loophole.
The most important thing……
That is, this charge is different from abetting a crime, it is a behavioral crime.
That is to say, no matter whether you have participated in the crime or not, as long as you teach others how to commit the crime, you constitute the crime.
On sentencing.
Those who teach criminal methods shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or public surveillance;
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years;
If the circumstances are particularly serious, he shall be sentenced to life imprisonment or death.
Also.
The crime of imparting criminal methods and the criminal do not constitute an accomplice.
Even if Li Si committed the crime according to Zhang San's script, the two did not constitute an accomplice.
But Zhang San's behavior...
However, it fully complies with the elements of the crime of imparting criminal methods.
……
Law Study Alliance Forum.
For an instant.
Postings skyrocketed.
"Good guy, is there really a crime of teaching criminal methods? Are there such crimes?"
"It's over, it's over, then I can't talk nonsense from now on. I teach others how to kill people and wipe out traces on the Internet, but if they follow suit, I will still be implicated?"
"Which old man said before that teaching the method of crime is not crime?"
"I have a question now, so the up has taught so many criminal methods, will it constitute a crime?"
"This... I'm going to ask up."
"..."
Those netizens who were paying attention to the mock trial all looked open-eyed.
The crime Qin Mu sued...
They never heard of it.
I never thought that writing a script could really constitute a crime.
To know.
This is different from abetting a crime. Abetting a crime is telling others how to commit a crime.
Let people who have no criminal intentions have criminal motives and commit crimes.
is an accomplice.
And this...
Just teaching methods without participating in any other things also constitutes a crime.
The same reason.
Qin Mu has released so many videos, and someone with a heart has learned how to commit crimes...
Doesn't it mean that Qin Mu has already "committed many crimes"?
"It shouldn't be so, it's impossible for Up to be stupid enough to make such a mistake."
Everyone changed their minds.
He also felt that it was impossible for Qin Mu to leave such a loophole for himself.
(End of this chapter)
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