Lawyer

Chapter 742 The heart is already messed up

"I have a question. In this case, the defendant killed and dismembered the victim. There is no doubt that the defendant's behavior is a crime of intentional homicide, and it was completed. As for the crime of extortion, is it completed or attempted?" Yun Qiao suddenly looked Ask everyone.

"I think it was accomplished, because the defendant made up the fact that the kidnapping of the hostages was a fact and demanded money, and his behavior has already caused mental coercion on the victim's husband.

In other words, the defendant carried out the act of extortion and caused fear to the victim's husband, even if he did not illegally occupy the property, it should constitute an accomplished act.After all, the defendant committed the act. "Zhou Ying thought for a while and said.

"In my opinion, the determination of the crime of extortion and extortion should be based on whether the defendant actually obtained other people's money. In this case, the defendant did not get the money, so it should be an attempt." Du Yong raised an objection.

"I agree with Attorney Du's opinion.

The crime of extortion is a crime against property. First, the delivery or acquisition of property should be considered as the criterion of the completed or attempted crime of extortion.

Regarding the problem of the completed and attempted extortion crime, there are two views in the theoretical circle, namely, the theory of delivery (the theory of loss of control) and the theory of acquisition (the theory of control).

In judicial practice, under normal circumstances, the victim's delivery of property and the defendant's acquisition of property are consistent, but the reality is complicated, and there are special circumstances in which the two acts are inconsistent.

For example, the victim delivered the property to a specific place or person at the defendant's request, but the defendant was arrested by the police before actually obtaining the property.

In this case, the time when the victim delivered the property and the defendant obtained the property was not consistent.But in essence, the victim has delivered the property according to the place or person designated by the defendant, and the property has been out of the victim's control, so it should be deemed that the defendant actually obtained the property.

Therefore, in this case, whether it is based on the theory of delivery (the theory of loss of control) or the theory of acquisition (the theory of control), the defendant's behavior should be deemed as an accomplished crime.

Therefore, I believe that the defendant Tian Lijie's act of extorting money from the victim's relatives under the pretext of kidnapping after intentionally killing the victim constitutes the crime of extortion and is an attempt. "Fang Yi said.

"I have a problem. When I was watching a movie, a situation often occurred, that is, the police set up a trap and had already deployed the scene in advance. They only waited for the criminal to go to the designated place to withdraw money, and then arrested him in one fell swoop. In this case, Is it an accomplished crime or an attempted crime?" Wu Qinghui raised his hand and asked suddenly.

Everyone was stunned after hearing this, and looked at Fang Yi.

"The question Xiao Wu asked is very realistic. If this is the case, it should not be considered as an accomplished crime, but an attempted crime.

Because, for the victim, he did not really deliver the property. To put it bluntly, the victim did not really lose control of the property.For criminals, it is impossible to actually obtain property or control property.

Therefore, whether the theory of delivery (the theory of loss of control) or the theory of acquisition (the theory of control) is adopted, the criminal's behavior should be identified as an attempt.Of course, this is my personal opinion, and it does not mean that all procuratorates and courts think so. "Fang Yi explained.

Du Yong kept nodding. Although he could guess the outcome of the case, he didn't know how to explain it. It seems that Boss Fang's theoretical foundation is indeed superior. It is true that he can gain a foothold in the city and create a good reputation. capable.

No matter how the court decides, as far as the current situation is concerned, Du Yong is convinced!

In fact, Fang Yi's point of view is similar to the point of view finally adopted by the collegial panel of the court.

The intermediate court held that the defendant Tian Lijie killed Geng Wenlan by violent means, dismembered the body and buried it in the field; Sent but failed.

The defendant's actions have constituted the crime of intentional homicide and the crime of extortion (attempted), and his criminal methods are cruel and harmful to society, so he should be severely punished according to law.Defendant Tian Lijie's criminal behavior also caused economic losses to the plaintiff in the incidental civil suit, which should be compensated; however, the claim of the plaintiff in the incidental civil suit for compensation for death compensation lacks legal basis and cannot be supported.

最后，中院依照《中华人民共和国刑法》第230二条、第270四条、No.20三条、七条第一款、No.60九条第一款、No.60四条、No.30六条第一款以及《民法通则》第110九条之规定，判决如下：
[-]. The defendant, Tian Lijie, committed the crime of intentional homicide and was sentenced to death and deprived of political rights for life; for the crime of extortion, he was sentenced to four years in prison.Decided to implement the death penalty, deprivation of political rights for life.

[-]. Defendant Tian Lijie compensates the plaintiff in the attached civil lawsuit for funeral expenses, transportation expenses, alimony, alimony and other expenses.

However, the court did not support the plaintiff's request for compensation for the death compensation in the criminal incidental civil action, because the court believed that the cost was not within the scope of the incidental civil action.The legal basis for the court's judgment is Article 110 of the General Principles of Civil Law.

(Article 110 of the "General Principles of Civil Law" (now invalidated and replaced by "Civil Code"), who infringes on the body of a citizen and causes death, shall pay the funeral expenses, the necessary living expenses of the deceased's dependents, etc.)
After the judgment of the first instance, the plaintiff in the incidental civil action filed an appeal, requesting defendant Tian Lijie to pay compensation for death. The High Court ruled that the appeal was dismissed and the original judgment was upheld on the grounds that the death compensation requested by the plaintiff was not within the scope of the incidental civil action.

After Du Yong received the verdicts of the first and second instance, Fang Yi's judgment became more convinced.This also established Fang Yi's position in the criminal field of the team.

Some people may ask, shouldn't the professional ability of a team boss be the ceiling of the team's professional ability?In fact, the reason why the boss of many teams becomes the boss is because he has resources. To put it bluntly, he can bring cases to the team and control the economic lifeline of the team, but his own professional ability may be very impressive.

This is the same as the boss of a company who doesn't know the law, but can spend money to hire a lawyer or legal counsel.

At ten o'clock in the morning, Zhou Ying and Du Yong finished their meeting, walked out of the detention center, came to the parking lot, and drove back to the law firm.

"Lawyer Du, what your cousin Kong Shu said is basically consistent with what we have learned about the case. Although Kong Shu did not surrender himself, he assisted the police in arresting another defendant, Xiang Qingbin. He had meritorious service. When sentencing, the court Will consider.

The matter is already like this, so don't worry too much, wait for the case to be transferred to the procuratorate, and we will discuss it with Boss Fang after reviewing the papers. "Zhou Ying said comfortingly.

Du Yong nodded with a solemn face. When we met in the detention center just now, he didn't say a word, but just stared at his cousin, so that the latter dared not look at him.

He wished he could get his cousin out and beat him up. His heart was already in a mess. From this point of view, lawyers were really not suitable for representing relatives, especially criminal cases.

……

(End of this chapter)