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

Chapter 146 It Has to Be Third Brother

"In the case, Li Si made two mistakes, which were the main reasons for the extortion."

Li Chen pushed his glasses and continued to answer the question: "The first point is that the other party did not leave evidence for compensation.

Zhang San took the initiative to compensate, and Li Si accepted the compensation, but there was no direct evidence to prove that Zhang San was willing rather than forced to do so.

This is very important and does not include this case. In reality, other cases may also constitute extortion.

The most common is that the victim takes the initiative to demand compensation from the perpetrator.

For example, the joke that has been very popular recently, when you are beaten, you can consider whether to buy a car or a house.

This is a means for us as the victim and the other party to be responsible for the perpetrator in order to obtain forgiveness to mitigate his crime. Here, I need to remind everyone that we must not take the initiative to ask for it from the other party. It is necessary for the law enforcement agencies to intervene and make a division of responsibilities before discussing the issue of compensation. "

Speaking of this, Li Chen looked serious: "Why do you say that, because you ask for money on your own initiative constitutes extortion, and it is not impossible to send yourself in before the money is asked for.

In the judiciary, the crime of extortion does not depend on whether you are the victim or the perpetrator.

The main vocabulary for establishing the establishment conditions:

The purpose of illegal possession, intimidation, threats, coercion and other means, illegal possession of the victim's public and private property is the ultimate goal.

The word "illegal" doesn't need me to explain, right?

In the overall case, someone else is the main responsible person, and you are the victim. This is only the main body of the case. If the law enforcement unit has not confirmed the crime, what law has he committed?

The second point is threats and intimidation.

In the case, you offered to demand compensation from the perpetrator. If you don’t give you so much money, you will send him to jail. Isn’t that just a means of threatening?

The third point is illegal possession of public and private property.

The law enforcement unit has not divided responsibilities, and before it is time to talk about compensation, you ask someone for [-] yuan, which is illegal possession of other people's property.

And the reconciliation in private is also very easy to be accused by others as extortion. "

Li Chen also used a real case that he had seen on the Internet to give an example to netizens: "Let me use a real case to explain to everyone.

It is said that there was a driver named Liu who collided with Zhang because of drunken driving.

And Liu Mou was worried that he would be criminally punished because of drunk driving, so he wanted to reconcile with Zhang Mou in private.

As for Zhang, seeing the pitiful things he described, he couldn't bear it and agreed to the other party's private reconciliation. Zhang said that he should ask his sister for the matter, and his sister would be the master of his affairs.

And his elder sister also admitted the fact that his younger brother was drinking in Weixin.

In the morning of the next day, Liu sent the car to be repaired, and wanted the other party to pay 5 yuan for the price he got, but his sister said that she would inform her family.

In the morning, the attitude of the other party was still very good, but in the afternoon, the person changed the conversation, saying that Liu was extorting money, and he was a little angry and reported the case to the law enforcement agency, but the case could not be filed because it took too long.

Because of drunk driving, once the sobriety period has passed, you have no way to determine responsibility. "

Li Chen took a sip of tea, and when he saw the bullet screen in the live broadcast room, he said with a smile: "This is not bad, the other party was not prosecuted, and the other was prosecuted for extortion. If he is not guilty of the crime, he wants to return all the compensation.

Therefore, here, I still want to remind everyone that once you encounter a problem, try not to go private, and if it is really private, you must leave evidence of the other party’s violation of the law and an explanation of the initiative to compensate and reconcile, otherwise it is very likely that the other party will report backhand extortion. "

"Li Si's second question is the fact of the violation.

In the case, although his wife and Zhang San had an affair, they did not violate any criminal law, and Li Si's catching rape was not an illegal act, but the means were illegal.

The most common illegal issue is taking pictures, not to mention the so-called violent beating of lovers. "

Speaking of this, Li Chen looked serious: "So here I still want to remind everyone that catching rape is risky, and you need to be cautious in your behavior. It's a moment of pleasure to vent, and it will be heartbreaking to regret."

After listening to his words, the netizens in the live broadcast room expressed their incomprehension:
"I don't understand this. It's not illegal for an adulterer and a married woman, but the person involved is."

"This is simply unbearable. How can you not be angry if you are really caught?"

"According to this, it is even more illegal to bring a large number of people to arrest people?"

...

For the questions in the live broadcast room, Li Chen also chose key points to reply: "Anger is anger, but the method of handling must be cautious."

"If you take a lot of people with you, it is very likely to cause more problems. Taking pictures with your mobile phone is an invasion of privacy, not to mention beating. It is 100% against the law. There are too many people and it may lead to illegal detention."

"There are actually many reasonable ways, so let me just take the case I have presented as an example.

In the case, Zhang San voluntarily compensated, but Li Si identified the money as spiritual compensation and asked the other party to establish voluntary evidence, which is not a crime. "

"Aren't there still photos?"

After hearing his answer, netizens continued to comment:
"There are photos taken, what if the other party says it was forced by Li Si?"

"That's right, there's really nothing we can do about this thing."

"Who said no?"

Li Chen said with a serious face: "The photo issue can be used as a reasonable basis to sue the other party, it is not a threat, and it does not constitute extortion.

Because Li Si wants to sue his wife and ask for a divorce, there is corresponding evidence.

The fact that Zhang San and Li Si's wives opened a hotel room doesn't mean they cheated, it was probably playing poker.

And photos, as the basis for prosecution, although they cannot be used as legal evidence, they can make sense.

If you didn’t spread the word, even if you go to the law enforcement agency and explain the matter clearly, if the worst is to delete the photo, it will not constitute extortion. "

After hearing his answer, netizens continued to ask:

"If you delete the photo, won't there be no evidence to sue for cheating?"

"Can the hotel room record be used as a basis for suing for cheating?"

"Brother, I didn't listen carefully when I saw it. The anchor said just now that having a room does not mean cheating. It may be about work or playing poker."

"I would like to remind everyone that the hotel's room opening record belongs to the user's privacy, and it is not so easy for you to get it."

"You can't take photos of cheating, and you can't get the hotel's opening records. It's so fucking difficult."

"If the third brother encounters this matter, it will definitely be resolved."

"It's a joke, the third brother won't break the law if he messes with those two!"

Li Chen: ...

Co-authored, Zhang San is really lawless?
(End of this chapter)