Lawyer

Chapter 1003
"This is Lawyer Du. Lawyer Du, this is Chang Guang Chang Zong." Cheng Xiangyu introduced to both parties.

"Sorry, I've been smoking a lot lately." Chang Guang coughed twice, and reached out to shake Du Yong's hand.A smell of smoke oil came to Du Yong's face, and he almost suffocated due to the smoke.

Cheng behind him didn't speak, and frowned, obviously not used to the smell in the room, so he didn't move forward.

He is a customer. Although Du Yong is not used to this taste, he can only endure it and dare not make too many movements and expressions.

"Old Chang, tell Lawyer Du about your matter and see what to do next. It's not a problem to always hide." Cheng Xiangyu sat a little far away, maybe he had already smelled the smell on Chang Guang's body Bad taste.

Du Yong sat one and a half body away from Chang Guang, keeping a certain distance from him.

"Hey, this matter has become my heart disease. Let me tell you, Lawyer Du, you can help me out. If this continues, I will collapse..." Chang Guang sighed and told the past. over again.

Chang Guang is Cheng Xiangyu's colleague, and Cheng Xiangyu brought him into the industry back then, and the relationship between the two has always been good.Later, Chang Guang became addicted to gambling. From childhood gambling for pleasure to serious gambling, he never failed. His business that had just started to improve was ruined by him within a few years.

When Cheng Xiangyu persuaded him at the beginning, he cried bitterly and vowed never to play again, wishing he could chop off his hands to show his determination, but within a few days, he went to play for money again after being hooked.

The year before last, life at home was difficult, and his daughter-in-law wanted to divorce him. He knelt down and begged her, smacked his own mouth, and swore to God, and then he calmed her down.

The family's funds were bottomed out, and the business needed funds. Chang Guang thought about it, and finally mortgaged the family's Audi car to Zhongbang Pawnshop and borrowed 20 yuan to meet the urgent need.

The 20 yuan fund will not last long except to pay the supplier's goods, and his former friends have left him because of his gambling addiction. In desperation, he came up with the idea of ​​an Audi car.

After investigation, his Audi car was handed over to Dongfang parking lot by Zhongbang pawnbroker for safekeeping.Chang Guang observed the situation in the parking lot.

One night, taking advantage of the unpreparedness of the custodian of the parking lot, he forcibly drove away the collateral (Audi car) he had borrowed from Zhongbang Pawn Company from the parking lot.After that, Chang Guang fled with his car and failed to repay the 20 yuan loan to Zhongbang Pawn Company.

After the Audi was forcibly driven away, the victim unit Dongfang parking lot called the police and compensated Zhongbang Pawn Company for economic losses and related litigation costs totaling more than 22 yuan.

Chang Guang wanted to sell the Audi to an intermediary in the second-hand car market and give the money to his daughter-in-law to continue the business, but the intermediary found out that the Audi was stolen and could not pass through the household, so he dared not take it.

He found an intermediary for collecting illegal cars, but after the other party knew that it was a stolen car, the price was extremely low, and he was reluctant to sell it, so he had to hide the car, hide XZ by himself, and chose to run away.

"To tell you the truth, last year, I secretly hid downstairs in my house and watched my son and my wife go out and in. I squatted for half the night, and I was as cold as my grandson, but I couldn't bear to leave... tears flowed Wow." Chang Guang said, his eyes were red.

Du Yong looked at him, feeling uncomfortable, and felt a little sympathetic to the man in front of him.

"I really regret that I didn't listen to Brother Cheng..." Chang Guang looked at Cheng Xiangyu, who waved his hand: "If you think so, it means you still have some help."

"Lawyer Du, don't you think I just drove my car out of the parking lot? Isn't this a civil dispute? How could it constitute a criminal case?" Chang Guang looked at Du Yong anxiously.

"Yeah, when I called the police in the parking lot back then, Chang Chang asked a lawyer secretly, and the lawyer said that Chang Chang's matter was nothing serious and did not constitute a crime.

The reason given by the lawyer is: the owner of the Audi is Lao Chang. Although Lao Chang took the pawnshop off guard and blatantly drove away the Audi car parked by the pawn shop in the parking lot and kept in the parking lot, he drove away after all. The owner owns his own car, not other property. Therefore, subjectively, his behavior does not have the purpose of illegally occupying other people's property, so his usual behavior is not a crime. "Cheng Xiangyu took the conversation and said.

"Yes, when the lawyer said that I did not constitute a crime, I didn't take it seriously.

But when I asked someone later, the police station actually filed a case, and they kept looking for me.I thought to myself, if this does not constitute a crime, why did the police station find me and charge me with robbery.So I'm a bit of a two tiger in my heart. " Chang Guang said.

"Well, I think differently from the previous lawyer. I think Mr. Chang's behavior constitutes a crime." Du Yong said.

"Why?" Chang Guang looked at him suspiciously, he always believed that he did not commit a crime, although he was a little wavering in his heart.

Cheng Xiangyu also looked at Du Yong, and Cheng Du listened without saying a word.

"Let me explain to you that the crime of snatching refers to the act of blatantly seizing a large amount of public or private property for the purpose of illegal possession, taking advantage of others' unawares.

The "illegal possession" here, understood from the essence of behavior, includes not only illegal possession of other people's property, but also possession of property owned by oneself but under the legal supervision of others (that is, legal possession of others) through illegal means, so that the supervisor ( rightful occupant) suffers property damage.Specifically:
Forcible possession of property that has been pledged to others is illegal possession. After the movable property is pledged, although its ownership does not change due to the pledge, the right to possess the pledged property is transferred from the pledger (Chang Zong) to the pledgee (pawn shop) .

The pledgee then entrusts a third party to exercise its legally obtained right of possession. For example, in this case, the pawnbroker entrusted the parking lot to keep the pledged Audi car.

Before the pledge relationship is terminated, the pledgor cannot infringe upon the right of possession of the pledgee or the third party, that is, he cannot forcibly change the possession status. illegality of possession.

In this case, although Mr. Chang still enjoyed ownership of the pledged object involved in the case, the Audi brand car, his possession was transferred to Oriental Parking Lot by the pledgee, Zhongbang Pawn Shop, and the parking lot obtained the legal possession of the pledged car. .

In this case, Mr. Chang’s ownership of the car was incomplete and he could enjoy the rights to the proceeds of the pledged property, but he could not actually possess the pledged Audi car.

Whether the pledgee (pawn shop) owns the Audi car or a third person (parking lot) entrusted by the pledgee owns the car, it should be protected by law.

Mr. Chang forcibly drives away the Audi car, which will inevitably change the possession relationship, benefit himself, and cause economic losses to the pledgee or the third party. Therefore, such illegal possession should be prohibited by law, and because of social harm If the nature is relatively large, it will be brought into the scope of criminal law regulation. "Du Yong explained.

(End of this chapter)