Lawyer

Chapter 507 The Crime of Insulting Women VS the Crime of Insulting

Zheng Shaoming knew that he couldn't make it through this day, so he entrusted his parents with the house book, car keys and 30 cash passbook to the Zheng family, and left the house by himself.

"Are you divorced?" Fang Yi asked.

"No, he filed a lawsuit in court. His lawyer came to see me and told me all his demands. He doesn't want a penny, but only asks for a divorce." Wu Shanshan said, her eyes were a little lonely: "Lawyer Fang, I will be sentenced ?"

"Now it seems that you may have committed a crime, but I think the charges identified by the public security organs are wrong. Your circumstances are not serious, and you may be sentenced to a fixed-term imprisonment of less than three years or criminal detention." Fang Yidao.

"I didn't do anything. Is it illegal to catch an adulterer in my own home?" Wu Shanshan asked puzzled.

"You caught the rape in your own home and did not cause harm to the other party. Generally speaking, it does not constitute a crime. But you let the other party lie naked on the ground under the watchful eyes of the public, which may constitute a crime of insult. But your circumstances are not particularly serious. , should not be severely punished." Fang Yi explained.

After Wu Shanshan heard this, she nodded. She didn't understand the law, but after thinking about it, she tied the other party and threw it on the ground for the neighbors to watch. It seemed a bit inappropriate.

"Actually, there are many ways to catch adulterers, and they don't necessarily have to violate the criminal law. For example... Of course, it's right for you to take pictures after entering the door, but... Forget it, do you have anything you want me to tell your parents?" Fang Yi asked.

"No." Wu Shanshan lowered her head and said.

"Don't burden your heart too much. If there is a problem, let's solve it. There are reasons for your case. I believe the judge will also consider the immoral behavior of your husband and the victim when sentencing." Fang Yi advised.

Wu Shanshan didn't speak, but she kept nodding her head with tears in her eyes.Fang Yi's words reassured her a lot.

One day later, at 09:30 in the morning, Wu Guodong came to Wanhua United Law Firm again.

Seeing Fang Yi and Zhou Ying walk into the conference room, Wu Guodong got up and asked, "Lawyer Fang, how are you doing?"

"We went to read the files and met with your daughter. Personally, I think that your daughter has indeed committed a crime, but I think there is something wrong with the charges identified by the procuratorate and the public security organs.

The public security organs and the procuratorate believe that your daughter constitutes the crime of illegal detention, but I think your daughter does not constitute the crime of illegal detention, but the crime of insult. "Fang Yi said.

"These two crimes, if sentenced, which one is more serious?" Wu Guodong asked after thinking about it.For him, the crime is not important, what is important is how long his daughter will squat inside.

"Your daughter Wu Shanshan may be sentenced to less than three years in prison." Fang Yi said.

"Lawyer Fang, let me ask you again, which is a serious crime, the crime of insulting women or the crime of insulting?" Wu Guodong asked suddenly.

He had consulted three lawyers before, and two of them agreed with the public security agency that Wu Shanshan constituted the crime of illegal detention, and there were insulting circumstances, and would be given a heavier punishment; the other lawyer believed that Wu Shanshan constituted the crime of insulting women, not a The crime of illegal detention, now that Fang Yi told him that it constituted a crime of insult, Wu Guodong was completely fooled!

As soon as Fang Yi heard it, he knew that Wu Guodong must have heard about the crime of insulting women from other lawyers. Otherwise, how could a non-legal person think of asking this question.

"These two charges sound similar, but the sentencing is very different. For the crime of insulting, if the circumstances are serious, the sentence is up to three years in prison, criminal detention, public surveillance or deprivation of political rights; for the crime of insulting women, the sentence is up to five years Fixed-term imprisonment or criminal detention." Fang Yi explained.

"Oh! In other words, the crime of insulting women is more serious than the crime of insulting women, isn't that true?" Wu Guodong said.

"That's right." Fang Yi nodded.

"Then what's the difference between these two charges? Is one specifically referring to insulting women, while the other can insult anyone? I don't know if I understand right?" Wu Guodong heard this from other lawyers, and he wanted to ask Fang Yi proved right and wrong.

"How should I put it, it's not entirely true. If it were that simple, our country would not have to set up a separate crime of insulting women. Let me tell you the origin of the crime of insulting women, and you will understand.

The crime of insulting women was separated from the crime of hooliganism stipulated in the [-] Criminal Law.Therefore, the meaning of 'insulting' in the crime of insulting women is different from that in the crime of insulting women.

Because the crime of insulting women comes from the crime of hooliganism, the 'insult' here mainly refers to the behavior of molesting women with obscene behavior or words in order to obtain sexual stimulation.

Therefore, the main difference between these two crimes is that the crime of insulting women is caused by the perpetrator’s mental emptiness, which leads to abnormal psychology, and seeks X stimulation or abnormal X satisfaction as the main purpose.The crime of insult is mainly an illegal act taken by the perpetrator for the purpose of defaming the reputation of others based on motives such as venting anger and revenge.

In addition to the above-mentioned main differences, what you just said is also one of the differences. The crime of insulting women can only be targeted at girls and adult women over the age of [-], while the crime of insulting women has no gender and age restrictions.

In addition, the crime of insult must be based on public insult, which can be done on the spot or off the spot.Let me give you an example, it’s like a rural shrew swearing at someone. No matter standing on the street or behind her back, you must let others know to ruin the other party’s reputation. If you hide at home and whisper, others will not I know, it does not constitute the crime of insult.

The crime of insulting women can be committed openly or in a non-public manner, but it must be carried out on the insulted woman on the spot.This is like a hooligan on the street. It can be done in public or secretly, but it must be done on the spot to be considered a crime of insulting women.

I have read your daughter’s case file, and I have also asked your daughter, your daughter Wu Shanshan’s main reason is that her husband cheated, which led her to take extreme actions, all of which were based on venting anger, revenge and other motives, with the purpose of demeaning the other party’s reputation, Not out of abnormal mentality such as spiritual emptiness, seeking X stimulation or abnormal X satisfaction as the main motivation.

So, I think your daughter's case should be for insult. "Fang Yi explained.

"I understand, does the crime of insulting women belong to the category of playing hooligans, while the crime of insulting women belongs to the category of defaming other people's reputations, can we understand it this way?" Wu Guodong said.

"Almost." Fang Yi understands that for a non-legal person like Wu Guodong, it's useless to talk too much, and he can understand to this extent.

"Lawyer Fang, if you defend my daughter, how much will the lawyer's fee be?" Wu Guodong felt that the middle-aged male lawyer in front of him was more professional than the lawyers he had seen before, and there was no obstacle in communication.

(End of this chapter)