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

Chapter 208 The suspect needs to prove his innocence

"I looked at it, and everyone thinks that Zhang San's actions belonged to "doing nothing, and there is no mandatory legal constraint on doing nothing, so he doesn't constitute a crime, right?"

"Let's analyze this case first to see if Zhang San's behavior constitutes a crime.

In the case, Zhang San and Li Si were good friends, and they agreed to go to the swimming pool. Here, Zhang San and Li Si knew each other. Now that they knew each other, they could no longer be defined according to the traditional definition.

When a case occurs, from the perspective of law enforcement agencies, they will first use the method of exclusion.

Whether Li Si's death was accidental or man-made is unknown.

From the point of view of Li Si's family, Zhang San was deliberately killing people.

Why do you say that?
From the case, it was Zhang San and Li Si who went to the swimming pool together, but Li Si died. This was an unacceptable result for them as the families of the victims.

A few minutes before Li Si drowned and died, he asked Zhang San for help. What was Zhang San doing at this time?He is reading a book.

Who would go to a swimming pool to read criminal law books?

Why is he reading?Didn't he just want to cover up his true thoughts deep down in his heart that he wanted to kill Li Si.

The two went to the swimming pool together. If Zhang San could extend his helping hand when Li Si died, then Li Si would not die. "

Li Si pushed his mirror frame: "This is the true thought of most family members. They often lose their minds when their relatives are hurt."

"It seems so."

"That's it. The last time I went out with my friends, the guy drank some wine and had a conflict with his family. I kept fighting, and his family said it was my fault. They said that if I didn't ask him to go out for a drink, this kind of thing wouldn't happen. We haven't been in touch since then."

"Let's look at this case from the perspective of law enforcement agencies."

Li Chen continued to analyze the case: "Common homicides occur, and the law enforcement unit analyzes the case by the method of exclusion based on the specific circumstances of the crime scene.

And the first method of elimination is always homicide. "

"First rule out man-made, then we can characterize it as an accident.

Many people may feel uncomfortable listening to this sentence, but this is the fact. The main reason is that the behavior of the perpetrator is uncertain.

People are thinking, and people lie.

At the scene of the crime, there were only Li Si and Zhang San, so Zhang San would be identified as the main suspect in the case by the law enforcement unit.

Zhang San was taken by the law enforcement unit for questioning about his main suspicions.

There are two points of doubt in the case.

First, why did Zhang San read criminal law books in the swimming pool.

This is an abnormal point, and Zhang San needs to explain his abnormal behavior to the law enforcement unit.

The second point is whether Zhang San knew about Li Si's situation during Li Si's drowning.

The first point is easy to explain. Zhang San can say that he is studying law, so he does not dare to relax even if he works overtime.

No one stipulates that you cannot read criminal law books in the swimming pool.

This point is actually not important, what Zhang San wants to see is his freedom, even if he brings a book of Cover Girl to study there, it doesn't hurt. "

"The second point is also the main factor of whether the case constitutes intentional homicide, that is whether Zhang San knows Li Si's emergency situation."

"Li Si was drowning and needed rescue, and Zhang San was arrogant in his statement.

Lao Tzu knew that he was drowning, so he also asked me for a swimming ring. I looked through the criminal law book and found that there is no law that stipulates that I must give him a swimming ring.

In Zhang San's statement, he knew that Li Si would not save him when he was in danger, and the testimony of Li Si's family members proved that Li Si and Zhang San had conflicts, so his behavior was not simply letting him die. "

"A friend does not break the law if he refuses to be rescued. In the theory of criminal law, there is a crime constituted in the form of omission. The so-called "omission" refers to a situation where the perpetrator is obliged to perform and can perform a certain positive action but fails to perform it, that is, a situation where he should and can do it, but he fails to do it.

In daily life, it is very likely that you will be sentenced to civil liability if you refuse to save:
One is that the perpetrator bears the obligation of some kind of positive behavior, which is the premise of constituting inaction.This includes: the specific obligations expressly stipulated by the law; the obligations required to be fulfilled on the job or business; the obligations arising from the perpetrator's prior behavior that put a certain interest protected by the law in a dangerous state, etc.

The second is that the actor has the actual possibility of performing a specific obligation but fails to perform it, but for some reason he does not have the actual possibility of performing the obligation, which does not constitute omission.

The omission of the third actor's failure to perform a specific obligation leads to the occurrence of harmful results, that is, there is a causal relationship between the omission and the harmful results.

In the case, if Zhang San replied arrogantly that he would not save him, it would very likely constitute intentional injury and be punished by law.

To put it another way, Zhang San clearly pointed out in his statement that if he didn't know that Li Si was killed, did he still constitute a crime?

In the case, Li Si tossed back and forth, resulting in physical exhaustion and hind leg cramps, which was the main reason for his death.

Because of Zhang San's study of criminal law, he put all his energy into criminal law, and he didn't know Li Si's situation at all.

From the surveillance camera in the swimming pool, it can be seen that Zhang San did not know, because his attention was in the criminal law book from the beginning to the end, so his behavior must not be a crime. "

"Will law enforcement agencies listen to Zhang San's explanation?"

"Tell a joke, there is no doubt!!"

"Stop talking..."

Netizens talked about their dissatisfaction again, all of which were verified by real experiences.

"After reading your barrage, I probably understand what you are talking about."

Li Chen began to explain with a serious face: "We cannot rule out unreasonable interrogation and interrogation, but whether it constitutes a crime or not depends on the evidence.

There is a contradiction here, that is, whether we need to prove our innocence.

First of all, if the law enforcement unit finds you, it means that you may be involved in illegal and criminal matters.

If there is evidence that you may have done this thing, then you have to prove that you did not do it.

As for the martial arts association department, they are responsible for filing and investigating a case, which is a very important node. Many lawyers said on the Internet that this link is not important. The main reason is that we have no way to intervene. "

In the initial stage of the case, the investigation by the Wuxi Association has not yet ended, and the lawyers cannot view the evidence.

And the first confession in the first stage is regarded as the main confession.

There are still many contradictory points in the laws of this world...

(End of this chapter)