Lawyer

Chapter 669 Not killing is not enough to anger the common people!

After hearing this, Zhou Ying and Yun Qiao nodded silently, expressing their agreement with Fang Yi's point of view.Wu Qinghui also nodded with a vague understanding, making up his mind.

"After talking about the first stage, let's talk about the second stage.

Zhu Yongqiu and Qi Chunli conspired to lure the victim Li Yu (the second idiot) to his home under the pretext of being in charge of work and food, then killed him, and burned his body in the west wing, so as to create the false impression that Zhu Yongqiu was accidentally burned to death .

After Zhu Yongqiu and Qi Chunli jointly killed Li Yu (two idiots), Zhu Yongqiu fled to other places and hid, while Qi Chunli reported a false case to the public security agency, in order to deceive the public security agency to issue a certificate about Zhu Yongqiu's accidental burning death, in order to defraud the insurance company. Insurance.

Judging from the above situation, Zhu Yongqiu and Qi Chunli's joint killing of Li Yu (the second idiot) has constituted the crime of intentional homicide.Afterwards, the two burned the body of Li Yu (the second idiot) to create the false appearance that Zhu Yongqiu was accidentally burned to death, in order to create conditions and prepare for the implementation of insurance fraud, which can also be regarded as a preparatory act for insurance fraud.

To sum up, the defendant Zhu Yongqiu's two homicides, although the ultimate purpose was to defraud insurance money, but the two criminal acts that have been completed, no matter which one is singled out, is a complete act.

According to the principle of prohibiting repeated evaluation, when the court examines and approves, one can only choose to convict one crime, and cannot convict the crime of robbery and insurance fraud (preparatory) or the crime of intentional homicide and insurance fraud (preparatory) for the same act. .

Therefore, it is correct for the Intermediate People's Court to convict and punish Zhu Yongqiu for the two serious crimes of robbery and intentional homicide.For the behavior of the defendant Qi Chunli, only intentional homicide can be convicted. Fang Yi looked at the three of them and explained.

"Master, let me ask one more question. Why did the defendant's behavior in this case belong to the preparation of insurance fraud, not the attempted insurance fraud? Didn't the second defendant already commit insurance fraud?" Yun Qiao looked at Fang Yi in confusion. .

"Whether insurance fraud is preparatory or attempted, I think the key is to see whether the perpetrator has 'started' to implement insurance fraud.

According to Article 190, Item ([-]) of the Criminal Law, the second defendant in this case wanted to defraud insurance money by fabricating false insurance accidents.

In view of the above situation, there are two viewpoints in theoretical circles: one is that when the perpetrator begins to fabricate false insurance accidents, it is "starting";In judicial practice, courts tend to favor the latter view.I also think the latter view is more reasonable.

The object of the crime of insurance fraud is a double object, which includes the property ownership of the insurance company and the national insurance system.

Only when the perpetrator applies to the insurance company to pay the insurance money with a fictitious insurance accident, can it cause an actual threat to the above-mentioned objects protected by the crime of insurance fraud.

After the perpetrator makes a false appearance, but before he has time to apply for compensation from the insurance company in the future, I think the perpetrator is still preparing for insurance fraud in essence, and it is not yet possible to start the crime of insurance fraud.

This case belongs to such a situation, so the actions of the defendants Zhu Yongqiu and Qi Chunli belong to insurance fraud preparation, not attempt. "Fang Yi explained.

"Oh, if that's the case, in this type of case, only when the defendant applies for insurance money from the insurance company can he start committing a crime, and the previous actions are all preparations for a crime." Zhou Ying said after finishing typing, looking at everyone.

"Well, this is a point. Before the action is preparation, after the action can only be divided into completed and attempted crimes. The sentencing of criminal preparation and completed and attempted crimes is much different. It is related to whether the defendant has been squatting in it for more than ten years, or constitutes a crime. The issue of crimes not being punished." Fang Yi said with a serious face.

"It seems that the possibility of this case being appealed is almost zero." Zhou Ying said helplessly.

"Why, do you feel sorry for the defendant?" Yun Qiao blinked her big eyes at Zhou Ying and asked with complicated eyes.

"How is it possible! Zhu Yongqiu asked his wife to trick someone here, and he committed murder. This is a typical joint crime, and both of them constitute homicide.

What I said just now was purely from a professional point of view.This case was quickly uploaded on the Internet. In fact, for the defendant, it is the same whether there is one more insurance fraud crime or one less insurance fraud crime. In the end, the defendant in this case must be sentenced to death.Not killing is not enough to anger the people! "Zhou Ying explained.

"In fact, according to the provisions of the second paragraph of Article 190 of the "Criminal Law", if the policyholder or the beneficiary intentionally causes the death of the insured, defrauds the insurance money, and constitutes other crimes at the same time, it shall be punished for several crimes.

When I was studying for a Ph.D., I came across a case in which the beneficiary of a life insurance intentionally killed the insured and defrauded the insurance money. Later, the intermediate court imposed a combined punishment for the crime of insurance fraud and intentional homicide. .

This is not the case in this case, which does not actually constitute insurance fraud in my opinion.Because the victim Li Yu (two idiots) killed by Zhu Yongqiu and Qi Chunli was not the insured, but Zhu Yongqiu himself.

Zhu Yongqiu and Qi Chunli killed Li Yu and burned the body and burned the house, just to create a false impression that the insured was accidentally burned to death, so as to fabricate a false insurance accident to defraud the insurance money.

Of course, this is just my personal opinion. The legal provisions themselves cannot take care of all aspects. In addition, personal understandings are different, so it is inevitable that there will be different opinions. "Fang Yi continued to explain.

Although Zhou Ying was a little uncertain about the nature of the case, she was accurate in judging the general direction of the case.This is not to say how strong Zhou Ying's professional ability is, but because the two defendants committed public outrage, and there are no statutory circumstances to mitigate punishment, so it is difficult to survive.

After the trial, the Provincial Higher Court held that: the facts found in the original trial were clear, the evidence was reliable and sufficient, and the grounds of appeal raised by the appellants Zhu Yongqiu and Qi Chunli that Qi Chunli did not participate in the killing of the victim Li Yu could not be established.The final ruling dismissed the appeal and upheld the original judgment.

Afterwards, the Provincial High Court reported the case to the Supreme Court for approval. Soon after, the Supreme Court completed the review of the death penalty, and Zhu Yongqiu and Qi Chunli were executed.Of course this is all for later.

The final exam is coming soon, and Fang Anzhi has to study until one or two o'clock in the morning every day, but fortunately, his home is relatively close to the school, so he can sleep a little longer in the morning.

During this time, Fang Yi was quite busy, unable to keep up with his work and his son, so last weekend he took his son Xiao Zhi back to the village to relax. Chi.

(End of this chapter)