Madman Zhang San: That Hammer, You Are Finished

The next day, Lin He watched Zhang Xuanmai set foot on the high-speed train bound for Tianjin.

Repeatedly explain to him, don't be impulsive in case of trouble, call quickly if you have a situation, and you can go to support him at any time.

After all, undercover is such a thing, if one is not good, it will be beaten.

"OJBK!"

"Stay home and wait for my good news."

Lin He waved goodbye to him and returned to the law firm, just about to take a wonderful trip to the canyon.

Gu Xiaotian knocked on the door and came in, carrying a copy of "Details of the Rule of Law" in his hand.

"Lin Lu, are you busy? I've been reading books recently, and there's a legal issue that I haven't figured out yet."

Gu Xiaotian's dark face showed a simple and honest smile: "Lin Lu, can you help me answer this?"

Lin He spread his hands at him, "Tell me about it."

Gu Xiaotian is a person who works hard in the law firm on weekdays, and is diligent and motivated.

Lin He believes that this kid will become an excellent lawyer in the future as long as he has been in the law firm for two years.

"The crime of kidnapping and illegal detention seems to be a means of restricting the personal freedom of others to achieve their own goals."

Gu Xiaotian said seriously: "Then, in judicial practice, how should we make a clear distinction between the two?"

Hearing Gu Xiaotian's question, Lin He glanced at him slightly unexpectedly.

This kid, is he here to test himself?

As we all know, kidnapping and illegal detention may not seem to be very different, but in court, there is a lot of room for manipulation.

First of all, from the perspective of the sentence, the sentence for kidnapping is generally more than ten years, even if the circumstances are minor, it must be more than five years in prison.

It can be said that it is a very important criminal law, and it can be compared with intentional homicide.

As for the crime of unlawful detention, the judicial organs generally do not consider convicting the parties after reviewing this kind of behavior. After all, people who can do this usually do it for a reason, such as claiming debts.

Only when the detainee has a very bad behavior such as beating, insulting, etc., the court will consider him guilty.

Moreover, the sentencing of illegal detention is generally less than three years. Compared with the crime of kidnapping, it is really a bit of a pediatrician.

Therefore, in court, many excellent defense lawyers will rely on the kidnapping of the client to illegal detention.

Lin He pondered for a moment, then slowly said: "For example, Li Si owes Zhang 300,000 yuan."

"This account has been owed for several years. Zhang San asked for it many times, but Li Si still has no intention of returning it at all."

"Under Zhang San's anger, he closed his eyes and his heart turned violent. He planned to arrest Li Si and force the other party to pay back the money."

"That night, Zhang San entered Li Si's house in the dark and found that Li Si was going to the toilet in the yard."

"So he walked forward quietly, knocked Li Si unconscious with a stick, put him in a sack and carried him home."

"When Zhang San returned home and turned on the light, he was dumbfounded."

"Because he was put in a sack by himself, it was not Li Si who carried it home, but Wang Wu from the same village."

"The next day, after Wang Wu was released, he reported to the police station that he was kidnapped by Zhang San."

"This is too terrifying. I ask the police Uncle to bring the villain Zhang San to justice."

"Xiao Tian, ​​what do you think Zhang San's behavior is?"

Lin He ordered a Hua Zi, looked at Gu Xiaotian and asked.

Gu Xiaotian patted his head, and after pondering for a while, he slowly said, "This, it should be considered a crime of kidnapping."

Unexpectedly, Lin He just shook his head lightly, and said with a puff of smoke, "No, Zhang San's behavior has nothing to do with kidnapping, maybe not even illegal detention."

"You know, in our country, it is still difficult to establish the crime of illegal detention."

"Furthermore, Zhang San's subjective intention is not to limit Wang Wu's personal freedom. It's just that in Li Si's house, it's too dark, and that's why he put the wrong person in the sack."

"The next day he released Wang Wu, and he didn't make any illegal demands."

"Therefore, Zhang San does not constitute a crime!"

ah?

This answer surprised Gu Xiaotian slightly.

Zhang San does not constitute a crime?

What Lin Lu said was like an extrajudicial fanatic in the live broadcast room.

Lin He looked at Gu Xiaotian with a bewildered face, and said with a chuckle, "Continue listening to the question!"

"When Zhang San arrived home, he found the kidnapped Wang Wu, so he called Li Si and said, "Your good friend Wang Wu is in my hands. If you want him to live, pay back the money to Lao Tzu."

"I don't know, Li Si is not loyal, and he doesn't care about the life and death of his good buddy, and directly refuses: If you love to kill or not, I have no money."

"This frightened Wang Wu, who was listening to the phone, and immediately begged Zhang San for mercy. Third brother, let me go. For the sake of 100,000 yuan, it's not worth taking the road of breaking the law. Li Si won't pay you back. That's right, I'll give you this money, you can let me go."

"When Zhang San heard it, he also thought that Wang Wu's proposal was a good one, so after receiving Wang Wu's 100,000 yuan, he let Wang Wu go."

"Xiao Tian, ​​do you think Zhang San committed a crime under this circumstance?"

"I know this." Gu Xiaotian looked excited, "Zhang San kidnapped Wang Wu, and asked for 100,000 yuan from the other party. If Wang Wu goes to report the crime, Zhang San will definitely be guilty of kidnapping."

"Yes, Not Bad!"

Lin He glanced at Gu Xiaotian approvingly: "In judicial practice, there are two elements of kidnapping, illegally infringing on the personal freedom of others + extorting property or making illegal demands."

"As long as these two elements are met, the procuratorate will consider prosecuting the client for kidnapping."

This young man Gu Xiaotian is not bad, he can see through at one point, and he is much stronger than Yan Yilan.

Gu Xiaotian looked at Lin He, thought about it, and said, "Lin Lu, if Zhang San really tied Li Si and forced Li Si to pay back the 100,000 yuan."

"Li Si saw that he was tied up by Zhang San and had no choice but to return Zhang 300,000 yuan."

"Later, Li Si reported the case to the police station, Zhang San's behavior should be illegal detention in the legal sense."

Hey, this kid is not bad, and he has learned to draw inferences from others.

Lin He pushed the butt of the cigarette into the ashtray beside him, and then said, "Yes, the biggest difference between kidnapping and illegal detention is whether the perpetrator's purpose is reasonable."

"In real life, many people illegally detain others in order to claim debts. Under such circumstances, the procuratorate rarely files a case."

"Even if the case is filed, the final sentence handed down by the court will not be too severe. Only the perpetrator who beats or insults others in the process will be severely sentenced by the court."

"However, it should be noted that the perpetrator asks for usury through illegal detention, and the debts that are not protected by law, such as gambling debts, will also be subject to heavier penalties."