Lawyer

Chapter 955
"The theoretical distinction between the crime of robbery and the crime of extortion is relatively clear, and there are two main substantive differences between the two:
The first point is that the main behavior of the crime of robbery is to commit violence, which is a violent crime. Even if it is a threat, the threat of violence is fulfilled on the spot.The violence of robbery is directed at the victim.

The main method of extortion is coercion, including threatening to commit violence against the victim or his relatives and friends, revealing privacy, destroying property, etc., and forcing the victim to pay money due to concerns about possible personal and property damage.

The second point is that the two acts of committing violence and obtaining property in the crime of robbery are both carried out on the spot. Simply put, they must meet the "two on the spot", that is, committing violence on the spot and obtaining property on the spot.

However, if the crime of extortion is to extort money through the implementation of relatively serious violence, the violence and the taking of money cannot be done on the spot.If the property is obtained on the spot, it cannot be violent on the spot, but should be threatened to commit violence in the future, otherwise it is robbery.If violence is committed on the spot, the act of taking money is generally later, otherwise it is also robbery.

In this case, during the criminal process, Sha Shengcai and others threatened the victim with singing songs, and carried out acts of besieging and beating by multiple people. It seemed to meet the constitutive characteristics of the crime of extortion. Based on the analysis of the victim's reaction and other factors, the violent means used by Sha Shengcai and others had already caused physical injury to the victim on the spot—slight injury.

The victim was surrounded by many people in a relatively closed space and was unable to escape, and was beaten when he resisted or did not cooperate. His personal safety and freedom of movement were seriously violated, and he was in real danger.

The victim is objectively in a state of being powerless to resist, and subjectively in a psychological disadvantage of having to obey.In this case, the victim had no choice but to swipe his card to pay for consumption, and immediately called the police after leaving.

It can be seen that the victim was forced to hand over the money mainly to escape and avoid being in danger, not because he was afraid of being reported.

Therefore, the actions of Sha Shengcai and others in this case belonged to committing violence on the spot and obtaining money on the spot, which conformed to the characteristics of the crime of robbery and constituted the crime of robbery. "Cao Yongzheng explained.

"Well, Lawyer Cao is rich in experience. Boss Fang has always said that lawyers are made by doing, not learned. If you want to gain experience, you have to handle cases in a down-to-earth manner, understand the case thoroughly, and draw inferences from one instance.

This time I understand why, not only to know why, but also to know why.

When Lawyer Xie assigned the case to me, he said it was a small case, very simple, and it seems that small cases are not simple. "Yun Qiao blinked her big eyes a little worried.

"There are no small cases, only small lawyers." Yu Wendong answered.

"Oh! Comrade Yuwen, why don't we continue talking about the story of 'that place'." Yun Qiao said with a smirk.Xiao Mian, I can't cure you anymore.

"Uh... that sister Yun, let's talk about what to have for lunch." Yu Wendong smiled awkwardly. He really didn't mean to say that sentence just now, but he said it out of feeling.

……

Today, Qu Hongguo, a colleague of Du Yong's wife, invited Du Yong to dinner and wanted to consult some legal issues.Du Yong didn't want to go at first and wanted to ask the other party to have an interview at the law firm, but Du Yong's wife said that the other party didn't want to make trouble and wanted to meet privately.There is no way since the other party does not want to go to the law firm, and the daughter-in-law agreed to eat for her, Du Yong can only go to the appointment.

Qu Hongguo is a fat man who always smiles. According to Du Yong's wife, he is very popular in the company and is the leader of the technical department.

After drinking more than half of a bottle of Fenjiu, Qu Hongguo and Du Yong became acquainted a lot.

"Lawyer Du, what I want to consult with you is about my brother-in-law." Qu Hongguo took out a Huazi and handed it to Du Yong to light it for him.

Du Yong didn't answer, waiting for his next post.

"My brother-in-law Zheng Zhao was eating at a restaurant with his buddy Bian Zhenxiang in August [-], but there was a man at the next table who drank too much and went crazy. Two curses.

Bian Zhenxiang was scolded impatiently, rushed over and slammed the opponent's crotch with his knee, and then punched the opponent's chest. The opponent was hit by the knee, was punched again, and fell to the ground in pain .

After the opponent fell to the ground, my brother-in-law Zheng Zhao kicked the opponent's body again.Seeing the other party lying on the ground and bowing like a prawn, the hotel called the emergency call and called the police. No one thought that the other party died within an hour after being sent to the hospital.

After forensic identification, the other party was drunk and mild myocarditis, and external force acted on sensitive parts such as the chest and abdomen, resulting in vagal reflex inhibition of cardiac arrest and death.

Later, the police came and took the two of them back to the police station. When they learned that the other party had died, they were dumbfounded.If you want me to say that these two people are a little bit back! Qu Hongguo sighed.

"The two of them have been sentenced?" Du Yong asked after listening.

"No, there was an accident.

At that time, the procuratorate brought the defendant Bian Zhenxiang to the court for the crime of intentional injury.During the trial of this case, no one expected that the seemingly strong Bian Zhenxiang died of illness, and the court had to rule to terminate the trial.

Back then, after the police asked my brother-in-law Zheng Zhao to find out about the case, they released him. The case was never filed, and my brother-in-law continued to work. Fast forward ten years, and we all felt that nothing was wrong.

In the middle of this year, the District Bureau suddenly opened a case for investigation against my brother-in-law, Zheng Zhao, on the charge of intentional injury.The case was later sent to the District Court.

I don't understand, this case has been going on for more than ten years, why it was only filed this year, and the procuratorate sent the case to the court.

I asked our company's legal counsel before, and he said that my brother-in-law's case is fine. It has been more than 15 years since the case was filed, and the statute of limitations has passed, and the court will not pursue my brother-in-law's criminal responsibility.

But I have been beating drums in my heart. I heard that you specialize in criminal cases, so I want to ask you whether my brother-in-law will be sentenced. After Qu Hongguo finished speaking, he looked at Du Yong.

"Well, that's not necessarily the case." Du Yong thought for a while and asked, "How many years has it been since you've been involved in sending a case to the police?"

"Less than 20 years, almost 19 years and ten months." Qu Hongguo replied.

"According to Article 80 of the Criminal Law No. [-], a crime will not be prosecuted after a certain period of time:

([-]) If the statutory maximum penalty is fixed-term imprisonment of less than five years, after five years;
([-]) If the statutory maximum penalty is fixed-term imprisonment of not less than five years but less than ten years, after ten years have elapsed;
(15) If the statutory maximum penalty is fixed-term imprisonment of more than ten years, after [-] years;
(20) If the statutory maximum penalty is life imprisonment or death, after 20 years.If it is deemed necessary to prosecute after [-] years, it must be reported to the Supreme People's Procuratorate for approval.

However, the case of your brother-in-law Zheng Zhao happened at the time when the new "Criminal Law" and the old "Criminal Law" were changing, so it is a bit troublesome to determine the maximum penalty. "Du Yong thought for a while and said.

"What do you mean? Is my brother-in-law's case more troublesome?" Qu Hongguo looked blank.

(End of this chapter)