I was watched by the Internet police during the live broadcast of law popularization?

Chapter 145 Li Si's extortion, derailment is not a crime

"I feel that there is no crime, but the other party is the third brother, maybe it was intentional harm?"

"Intentional injury, 100%, my third brother can send you in just by looking at him, dare to do it?"

"This slap will last ten years!"

Seeing these replies from netizens, Li Chen couldn't help but twitch his lips, and began to explain the crime for netizens: "Let's analyze the crime of intentional injury you mentioned.

The crime of intentional injury refers to the crime of intentionally and illegally injuring the body of another person to a certain degree of severity and should be punished by the criminal law.

If the injury does not cause more than a minor injury, if the injury does not reach the level of injury or if it reaches the level but is a minor injury, it cannot be punished as the crime of intentional injury.

In this case, Li Si's slap did not constitute a minor injury. "

Li Chen saw different opinions in the live broadcast room, so he continued to make up for it: "Of course, individuals have different physiques, and the results they get are also different.

In reality, someone knocked out two of the other party's front teeth with a slap, and lost 200 yuan. There is even an even more outrageous case where the other party was already ill, and fell into a coma with a slap, resulting in a recurrence of the disease, and even had to pay [-] yuan. [-] million.

But here, Zhang San is a normal person. He blocked Li Si's slap and lightened his strength, but it didn't cause much consequence. "

However, the netizens in the live broadcast room still insisted on intentionally hurting:
"Lawyer Li is right, but my third brother said he suffered a concussion, how should you defend yourself?"

"Zhang San: Lawyer Li, you'd better reframe your arguments."

"Zhang San: Lawyer Li, do you want to go in?"

Seeing how stubborn these netizens are, Li Chen had no choice but to continue detailing the case: "The intentional injury you mentioned is a criminal case. As I said just now, this kind of situation should be reported to the Wushu Association. They filed a case for investigation and handed it over to the local prosecutor's office for prosecution, but it took more than a month for Li Si to find him.

Do you think it is possible for an injured person to call the police a month later? "

After finishing speaking, Li Chen pushed his glasses and continued: "So, the crime of intentional injury does not exist here.

Zhang San, on the other hand, reported the case to the Martial Arts Association on the charge of extortion, and Li Si was finally sentenced to six months in prison for the seriousness of the extortion. "

Hearing Li Chen's reply, the netizens in the live broadcast instantly exploded:

"Extortion? Didn't Li Si take the initiative to compensate?"

"Brothers, I always feel something is wrong. I will search it on Qiandu."

"Upstairs, don't search, voluntary compensation is not extortion."

"How could it be extortion?"

"I took a look at the barrage in the live broadcast room, and found that many people said that it was voluntary compensation, not extortion."

Li Chen pushed his glasses and said seriously: "If this matter is according to what you said, it really does not constitute the crime of extortion.

Let us now re-analyze the behavior of Li Si and Zhang San.

First of all, the first thing to understand is that the constituent elements of this crime

The crime of extortion can be determined through the following elements: the object of the crime is the ownership of public and private property and the personal rights or other rights and interests of others; objectively, it is manifested as the perpetrator's behavior of forcing the victim to hand over property by means of threats, coercion, and intimidation; The perpetrator is a natural person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility; subjectively, it is manifested as direct intention, and must have the purpose of illegally extorting property from others.

Article 274 of the Criminal Law
Whoever extorts public or private property with a relatively large amount or repeatedly extorts shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be sentenced to a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Imprisonment and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than ten years of fixed-term imprisonment and a fine.

Here, Zhang San offered compensation, and because he couldn't pay Li Si with so much money at one time, he transferred the money to Li Si in three installments by borrowing money from friends and other methods.

During the transfer process, due to the time difference and other reasons, Li Si will definitely ask Zhang San for compensation.

Your mother said to give me 500 yuan, and it took a week to give me [-] yuan, so hurry up and send money to me, otherwise this matter will never end!
So here, Li Si's behavior is threatening, and the purpose is also very clear, which is to demand the compensation promised by the other party.

What I want to declare here again is that Zhang San's behavior was not a crime from the very beginning.

In my country's criminal law, there is no provision that seduces other people's wives is an illegal act, and the most is moral condemnation.

In other words, Zhang San has no need for compensation, and Li Si rushing in to catch the rape and take pictures is a crime in itself.

And Zhang San succumbed temporarily because he was photographed, and wanted to prevent Li Si from publishing the photos through compensation.

The compensation here is analyzed from our perspective:

Li Si's wife cheated, and Zhang San took the initiative to compensate for the loss, which is reasonable but illegal.

As for Zhang San, he was also annoyed by his constant asking for money afterwards.

Because he took the initiative to compensate, he just wanted to get out of the predicament, and he didn't really want to compensate.

According to his ideas.

It doesn't cost me money to go whoring for nothing, but your wife seduced me on her own initiative, and I have to pay you [-] yuan in compensation, why?
But the more he thought about it, the more angry he found the Wushu Association department and reported Li Si for extortion.

After listening to his words, the martial arts association department checked the chat records between him and Li Si, and found that the other party had indeed demanded property in a threatening tone, which constituted extortion. "

Hearing his explanation, netizens were a little angry while understanding.

It is obvious that the other party took the initiative to compensate, but after the fact that he repented afterwards, he was able to be convicted of extortion. It really shouldn't be.

Some netizens felt sympathy and dissatisfaction with Li Si's personal experience.

Obviously he was the victim, it was bad enough that he was greened, and now he was sent in by the other party.

There are also netizens who express their dissatisfaction with derailment, and corresponding laws should be set up to restrain them.

Only legislation can ensure that this kind of thing will not happen again, and it will also prevent unethical behavior from happening.

Because of the derailment, the other half of their family was finally injured, and there was nothing they could do about it.

"The problem you mentioned is not a problem that we can decide, nor can it be changed in a short time, and it is even more impossible to change, because this problem is not a problem of one side, but a problem of two or even three aspects. There are many of them."

Li Chen pushed his glasses and continued: "I can't change others, I can only be myself.

Alright, let's continue talking about Li Si's mistakes in this case. "

After answering the netizens' questions, Li Chen continued to tell the case...

(End of this chapter)