Lawyer

Chapter 741 What's He Thinking!
In the afternoon, Zhou Ying and others sat on the sofa in Fang Yi's office, and Du Yong wrote the basic information of the case to be discussed on the whiteboard.

"Let me first introduce the case and the information I got when I went to the detention center. This is a murder case, and the defendant's name is Tian Lijie..." Du Yong stood by the whiteboard and told everyone about the case.

The defendant, Tian Lijie, came to the city to look for a job at the beginning of the year. Because he only had a high school education, he had repeated interviews and failed many times.Later, he saw a small advertisement for a fake certificate on a telephone pole, so he called the other party to prepare a college diploma. The fake certificate for him was a woman named Geng Wenlan.

Later, Tian Lijie went to the interview with his junior college diploma, but the company hired an undergraduate graduate.So Tian Lijie called Geng Wenlan again to ask for a fake certificate. Geng Wenlan suggested that he do it in one step and get a graduate degree certificate. Tian Lijie thought it would be good.

Two days later, Geng Wenlan sent the fake certificate to Tian Lijie's residence and demanded a fee.Tian Lijie found that the cost of applying for the certificate was much higher than before, so he asked the reason. Geng Wenlan told him that the graduate certificate includes the degree certificate and the degree certificate, which are two certificates, and the junior college certificate is one certificate, so the cost is much different.

Tian Lijie felt that the other party was defrauding him of money. He only wanted a degree certificate, not a degree certificate.But Geng Wenlan didn't do it, and the two sides had a dispute over the price of making fake diplomas. The two quarreled more and more fiercely. Tian Lijie was short-tempered, so he directly picked up the arm strength machine used for fitness in the house, and slammed each other's head continuously, and the two fought together. .

During the fight, Tian Lijie picked up a fruit knife on the table and stabbed the opponent in the head and chest, causing the victim, Geng Wenlan, to die on the spot.Afterwards, Tian Lijie was afraid that the crime would be exposed. In order to avoid legal sanctions, he used hacksaws, kitchen knives and other tools to dismember the victim's body in the bathroom of the rental house, put the body parts in woven bags, and dragged the stones in the middle of the night. Go out of the residence and bury it in the ground not far from the community.

Soon after, the defendant Tian Lijie sent a message to the victim's husband on his mobile phone, extorting RMB 20 from him under the pretext that Geng Wenlan had been kidnapped.

Afterwards, Geng Wenlan's husband reported to the police, and the police found Tian Lijie based on Geng Wenlan's false testimony and found bloodstains in his residence.

After Tian Lijie was arrested, he truthfully confessed the incident.The public security organs dug up the victim's body.

Afterwards, the Procuratorate filed a public prosecution with the Intermediate People's Court on the grounds that the defendant Tian Lijie committed the crimes of intentional homicide and extortion.

"The above are the relevant circumstances of the case. The procuratorate charged the defendant with the crime of intentional homicide. I have no objection to this charge, but I am not sure whether the crime of extortion charged by the procuratorate is established.

In my opinion, after killing the victim, the defendant fabricated the fact that the victim was kidnapped and asked for money, which should constitute a crime of fraud. "After Du Yong finished speaking, he looked at everyone in the room.

"Let's talk about your ideas, Wu Qinghui, come first, don't be afraid of making mistakes, and express your opinions boldly." Fang Yi encouraged.

"I think it's too harmful to make false certificates. On the other hand, this is also a high-risk industry. It's not worth it to lose your life for a few hundred dollars." Wu Qinghui said boldly.

After Zhou Ying finished listening, she held her forehead and said to herself that Young Master Wu's way of thinking is really unusual, what was he thinking!
"Then what, Yun Qiao, tell me." Fang Yi directly pretended that Wu Qinghui didn't exist.

"In my opinion, the defendant extorted money from the victim's husband in the name of kidnapping the victim, which constituted the crime of kidnapping. It should not constitute the crime of extortion." Yun Qiao said confidently.

After Yun Qiao finished speaking, Fang Yi looked at Zhou Ying.

"I think the plot of this case 'after killing someone, asking for money under the pretext of kidnapping' is very similar to a previous case I handled with Attorney Fang. In this case, the victim's behavior should constitute two charges of intentional homicide and extortion. " Zhou Ying thought for a while and said.

"Tell me the reason." Fang Yi smiled.

"First of all, the defendant did not negotiate a price with the victim because of false certificates, and then a dispute occurred and the murder was committed. The purpose of the defendant's murder was not to kidnap.

Secondly, after the death of the victim, the defendant Tian Lijie used the name of the kidnapping of the victim to extort money from the relatives of the victim, which did not meet the conditions for constituting the crime of kidnapping. "Zhou Ying said.

"In this case, I think there is no problem with the charges charged by the procuratorate, and the defendant's criminal methods are cruel, the circumstances are particularly serious, and the society is extremely harmful. In the absence of statutory mitigating circumstances, it is very likely that he will be sentenced to death. Let me say my idea.

After the defendant killed the victim, Tian Lijie extorted money from the relatives of the victim in the name of kidnapping the victim, which did not constitute the crime of kidnapping.

The crime of kidnapping refers to the act of kidnapping others by using violence, coercion or other methods for the purpose of extorting property or taking hostages.

In this case, the defendant Tian Lijie never carried out any kidnapping that deprived the victim of his personal freedom, nor did he restrict the victim's personal freedom.

The defendant killed the victim because of a dispute over the price of false certificates, which obviously constituted the crime of intentional homicide.

After the death of the victim, the defendant improvised to ask for money in the name of kidnapping, but in fact the defendant had no kidnapping target in his hands, and without the kidnapped person, the crime of kidnapping could not be constituted.

Therefore, Tian Lijie, the defendant in this case, extorted money under the pretext of kidnapping after intentionally killing him, which did not constitute the crime of kidnapping. "Fang Yi looked at the crowd after finishing speaking.

Du Yong thought about Fang Yi's words and remained silent.

"In addition, in this case, the defendant had the subjective intention of illegal possession, which subjectively meets the constituent elements of the crime of fraud and extortion.

The crime of fraud refers to the act of defrauding a relatively large amount of public or private property for the purpose of illegal possession by means of fabricating facts or concealing the truth.

In this case, the defendant Tian Lijie demanded money from the victim's family under the pretext of kidnapping.Given the information asymmetry at the time, the family members of the victim were very likely to believe the defendant's fictional fact that the victim was kidnapped, but they would never "voluntarily" hand over the money to the defendant because of their misunderstanding, even if They handed over the money to the defendant because they were coerced and forced to do so, not because they were deceived and took the initiative to hand over the money. Therefore, I think that the behavior of the defendant does not constitute a crime of fraud.

The crime of extortion is the act of threatening or coercing the victim for the purpose of illegal possession, and forcibly extorting a relatively large amount of public or private property.

The criminal method is to threaten or coerce the victim, that is, to impose mental coercion on the owners and custodians of public and private property, causing them psychological fear, so that they dare not refuse the request for property.

In this case, after the defendant Tian Lijie killed the victim in his residence, he informed the victim's husband through his mobile phone that the victim had been kidnapped and asked for money, and told him that he could not report the case, otherwise the ticket would be torn up.

The victim's husband was worried about the victim's safety and was severely coerced mentally.Defendant Tian Lijie fabricated the fact of the kidnapping and coerced the victim's husband with the intention of extorting money.Therefore, the defendant's behavior met the constituent elements of the crime of extortion. "Fang Yi explained.

(End of this chapter)