Lawyer Luo’s live broadcast of popularization of the law, are you acting as a joke player?

Chapter 203 Lawyer Luo: Is the counterfeiter reporting a half-pound ghost claiming to be retaliated

Chapter 203 Lawyer Luo: Is the counterfeiter reporting a half-pound ghost claiming to be retaliated and beaten?
【Extrajudicial lunatic Zhang San Pufa live broadcast room】

Luo Kai looked at the tablet in his hand.

The caller on the video call, who was sitting outside the door of the law enforcement point, was also waiting for Luo Kai's answer.

To be honest, he came to the law enforcement site just to act as a witness.

Neither party has too much interest in this case.

Just act as a bystander and witness.

But because he also lives in a building on the other side of the barbecue street.

Although I am not disturbed by noise, oil smoke and other noises at such a close range every day.

But it was still affected.

So he wanted to get some advice from Lawyer Luo.

Luo Kai looked at the netizens on the computer next to him, and the barrage was like running water.

The other hand took a glass of boiled water from the table and took a sip.

Under the gaze of everyone, he slowly said: "Let's first analyze the crime of throwing objects from high altitude, based on the facts you described by this requester.

A certain household living a dozen floors above really threw things downstairs, right?And it injured a lot of people, right?After the law enforcement officers arrived and were captured by the law enforcement recorders, they still threw things down and hit people and objects, right? "

The seeker nodded quickly: "Yes, Lawyer Luo!"

Luo Kai nodded: "Then from the law enforcement official's point of view, the fact that this person committed the crime occurred under his nose. The witnesses and physical evidence as well as the distance between the victim were at the scene. The individual who threw things outside the building constituted the objective fact of the crime of throwing objects from high altitude!

If there is a subjective intention to commit a crime, after combining the subjective and objective factors, you may generally be sentenced to the crime of throwing objects at high altitudes. There is nothing good to say about this!

Of course, there are exceptions. Unless he can prove that he is a mental patient and has been in a constant state of mental illness for many years, he can be exempted from punishment. When the trial is held, even if he is found not guilty, he may be sentenced to no punishment. "

"He is not mentally ill, he is a normal person who goes to work normally and has a wife and children!" the person asking for help added.

Luo Kai nodded: "He threw something from a high altitude and hit an unspecified person. If there is sufficient evidence, he may be prosecuted for endangering public safety. Anyway, both of them are most likely to be arrested, so the person is not wanted." impulse!"

"It's like a fight. You stretched out your fist and injured your opponent. This is an objective fact. You really didn't run away! And then you subjectively had the will to hit the person. If the two are combined and sentenced, you can't run away!"

The seeker's thoughts were somewhat clearer, but he still asked: "But there is a reason why he did this behavior, and there are incentives! Will the sentence be lighter?"

Luo Kai nodded, acknowledging this person's question.

Some netizens in the live broadcast room have this view.

Just like two people fighting each other, before the conflict between the two parties intensifies, there is always one party who is the cause of the provocation.

Luo Kai continued: "Everyone seems to have overlooked that in the conflict between the residents and the owner of the barbecue restaurant downstairs, they have ignored another type of people, that is, the victims in this case, who spent money eating at the barbecue restaurant downstairs. By!"

"Imagine that you are sitting under a barbecue restaurant having skewers with your girlfriend, or gathering with family and friends on the weekend to drink wine and eat barbecue!

During this pleasant time, countless bricks, televisions, etc. were thrown from the sky, hitting the shoulders of the children or parents, causing serious injuries, and they were taken to the hospital on the spot!
Would you forgive the person who threw something from the roof of the building?My friend who is asking for help, do you know how to do it?Put yourself in my shoes, would you? "

Luo Kai didn't talk too much about profound truths.

Just let the seeker take on the identity of the victim and think about it from the victim's perspective.

"Of course not, I want to tear up the person who committed the crime! I want to shoot this guy, no matter what reason he has to do things that endanger public safety and hurt my family! I want to kill him with a knife! "

After seeing the applicant's personal statement, Luo Kai said: "You see, this is when the law punishes crimes, what matters is the criminal facts and subjective criminal intent caused by the criminal!
In this case, did the objects thrown from high altitude and injuring people have any harmful consequences?Of course it did!Does he have any subjective malice?Of course!

He could have chosen to resolve it by complaining or reporting!Instead of killing eight hundred enemies and losing five thousand to yourself! "

There was some pity in Luo Kai's words.

Let’s not talk about his current life, let’s talk about the various criminal cases he was exposed to in his previous life. Which criminal does not have his own reasons and reasons for committing crimes?
But these reasons can be solved in a more moderate and legal way.

After clarifying the consequences that the criminal may face.

Luo Kai then briefly explained how to resolve the conflict between the barbecue shop merchants on the first floor and the residents on the upper floors.

Luo Kai tapped the table lightly with his fingers: "After explaining the criminal case, let's resolve the civil dispute about how the barbecue restaurant occupied space by setting up a stall on the road, causing the residents' floors to be disturbed by noise and oil fumes. , I do have some small opinions of my own.”

“It is illegal for merchants to occupy pedestrian walkways and set up stalls on the roadside. On the one hand, residents can complain to the property management of the community and let the merchants make corrections.

Of course, this kind of situation and method is generally difficult to achieve. This is a necessary process to pave the way for the next thing to be done. If the previous process is not completed, it will not be completed.

Then you can call the local official law enforcement point that specializes in supervising the market and make a real-name report. This is a two-pronged approach!

Finally, you can invite some anchors to visit the store and conduct supervision. This is supervision provided by the law. Everyone knows that we are in the Internet era. Some reporters are so worried about the material that their hair turns gray. As for the third point, you can adopt it. and automatically ignored..."

After Luo Kai finished speaking.

All the comments in the barrage contained words such as "666 Niubi learned it!"
can be seen.

Luo Kai's suggestions are quite practical.

If someone encounters the same thing, just use it directly.

The requester sitting at the law enforcement point was stunned.

Especially point 3: Ask reporters for help...

It's simply wonderful.

He is holding a cell phone.

He just asked Lawyer Luo for consultation.

So if you go to a reporter.

I believe it will be easy...

"Hey, throwing things in this case was nothing. This guy was really impulsive and acted excessively. As an adult, he should bear the consequences of his actions.

From now on, I have decided to study more law and read more books. Thank you, Lawyer Luo. I have to go back and make a transcript, so I will hang up first. "

After the guy finished speaking, he hung up the phone.

The methods given by Luo Kai were silently noted down by netizens.

Don’t worry about whether it’s useful or not, just write it down first.

What if it is useful one day?

What if it comes in use one day? !

This kind of thing happens in life, it is too common.

The suggestions given by Luo Kai are also too down-to-earth and intuitive.

Luo Kai looked at the time. There was still an hour before the official court session, which was 60 minutes!
Then you can still help a few people asking for help!
Keep sliding the tablet in your hand.

Added a friend.

Made a video call.

beep.

The video was connected quickly.

However, Luo Kai frowned slightly.

Because the seeker's face was covered in blood.

The skin on his head and forehead seemed to be broken.

A huge bruise bag...

There are two tubes of paper stuck in the nose.

The bridge of the nose seems to be somewhat collapsed.

It looked like he had been beaten with a stick.

The nose seems to have been taken care of.

One of the patient's eyelids turned blue as if he had been stung by a bee.

hiss!
Netizens who watched the request for help from a first-person perspective were shocked.Many netizens even subconsciously hold their phones further away from their eyes.

All the comments in the barrage say you stay away from me and don’t die on my phone...

The front camera of the phone has moved back.

It seems that this is not the only person in the same situation who has asked for help.

There were two other people who were also beaten.

In the distance was the honking of official law enforcement vehicles.

A large group of law enforcement officers came.

Some people were pushed to the ground by law enforcement officers on the spot.

this scene.

what happened?
Was it just a group fight?

A group fight?
hiss!
Is it that exciting?

Is it so fierce?
The seeker sat directly under a tree.

One hand is holding the phone, the other is holding the paper under the nose.

It took about 1 minute to finally finish it.

The two eyes are one big and one small.

It could be seen that he had tried very hard to keep his eyes open.

But the eyelid of the bruised eye was collapsed.

So it becomes: ovO.

"Sir, what happened around you? Could it be a fight?" Luo Kai asked cautiously.

"Is it safe around you? Should I call you an ambulance or something?"

Luo Kai suggested.

The caller waved his hand: "It's okay, Lawyer Luo, he was just beaten up. More than 20 people from the other party came to fight in a group, but the other party didn't feel better either!"

"Did something happen?"

The seeker covered his cheek with his hand, feeling a little painful: "Hey, here's the thing, the two companions behind me and I can be a video creation team.

The source of creative materials is to fight against counterfeiting!Yes, that’s right, it’s about fighting against counterfeiting, and we fight against counterfeiting through reasonable and legal channels! "

This person also deliberately emphasized it when he said this.

It's obvious that he knows some laws.

Fight fake people.

Luo Kai was a little wary: "Are you professional counterfeiters?"

The caller waved his hand: "No, we are just video creators, not professionals. If we were professionals, we wouldn't be in this miserable situation, and we would definitely prepare some preventive measures in advance."

As he spoke, he flicked the bag on his forehead with his hand.

Boom!
hiss!
is a cruel man.

It's a wolf.

"My head is numb now and I don't feel any pain at all. Forget it, I'll just tell you what happened."

The guy waved his hand, and the two people next to him gathered around.

Then they all showed their faces in the live broadcast room: "Yesterday we bought two durians in front of the school, about 12 kilograms, and spent about 600 yuan, but we took them back and weighed them in the vehicle next to us. Only 6 catty!
In other words, the unscrupulous merchant stole more than 300 yuan from us, so we went to our door to argue and demanded an explanation. The other party temporarily gave in under the cell phone we used to shoot the video.

We also uploaded the video we shot online. The whole video was live broadcast when we shot it, and countless netizens testified for us.

But when we came over to buy things on the second day, we were surrounded by a bunch of gangsters and beaten with sticks. This is probably what happened!Lawyer Luo, what do you think we should do next?
Should I go through legal channels?If you go through legal channels, what details should you pay attention to?Because we are not professional legal professionals, we have thought about asking you about this matter! "

After the help seeker briefly explains his experience.

Luo Kai took an A4 paper from the side.

Write and draw.

He was not in a hurry to make suggestions.

However, netizens in the live broadcast room were excited.

When it comes to weighing half a catty, netizens have a lot of say.

Half a catty weighs eight liang scales, also known as ghost weighing.

This means that if you go to buy something and weigh it one pound, the unscrupulous merchant will weigh it half a pound for you.

You paid one gold and pocketed half a pound.

Ordinary people don't bother to care about fruits that cost a few yuan.

But if you buy something particularly expensive, such as durian.

Unscrupulous merchants can earn half of the money from consumers for one durian, which is almost 200 yuan.

very disgusting.

Very bad and despicable means.

But it's very common.

hiss!
Under such circumstances, netizens who had the same experience posted angrily:

"Last time, I weighed two kilograms of fruit at the school gate. In the end, when I took it back and weighed it, it was only one kilogram, so I caught us poor students bullying us! How angry!"

"These illegal businesses are just born in a group! But this kind of thing is too common. Hey, ordinary people will not argue over those few cents. They will usually endure it silently or turn around and leave."

"It is too difficult to crack down on counterfeiters. Only when more people crack down on counterfeiters can we hope to regulate the market."

"Some are fake counterfeiters, you know? They just pick the ones that expire soon, then ask for tickets, and extort money after a while, or they bring the fake ones in and pretend to buy them. They understand everything."

"I saw a video last time. Now that the fight against counterfeiting has been profitable, it has begun to change a bit. Just like some store-visiting anchors, they fight against counterfeiting when there is nothing to do, but when they come to live, they are just advertising [Tibetan Fox].

But I still support someone standing up to crack down on counterfeiting, because this is a deterrent to unscrupulous merchants and a disguised protection for us consumers! "

"You're right. Even if there is one, it won't affect the normal market order and it's not illegal. As long as it promotes fairness and justice, I support it."

"If you say you don't support the fight against counterfeiting, the answer lies with your people. There is no conflict between having interests and fighting against counterfeiting, as long as you are not afraid of anything to fight against counterfeiting!"

"You can make money by fighting counterfeiters, and you can get lots of gifts by hosting a live broadcast! It's much more than what ordinary hard-working people like us can earn!"

"People who are willing to think about the interests of consumers and are willing to take risks and crawl forward deserve to make a lot of money. I hope they get rich! Make a lot of money!"

"It's better than those live broadcasts of singing and dancing. It also allows me to buy things cheaper, and it makes me feel relieved after watching it [Defend Carrot_Wow]!"

"Why do these unscrupulous merchants still dare to continue to be arrogant, calling themselves ghosts, and acting arrogantly?
Crack down on counterfeiting for fun, but consumer connivance is the root of the problem.There are still people buying eight-liang and five-liang coins, but they are too lazy to care about so many. "

"These three people were beaten like this, why don't they change the car [doge]? I remember that the same thing happened before and the victim came to consult Lawyer Luo. If he was beaten, he might need some compensation!"

"Before compensation, an appraisal is required. It is easy to get an appraisal of permanent damage to the ears and eyesight. Then we can directly determine it. My family paid 35 yuan for a slap. Otherwise, we will be sentenced to [doge] if we don't settle."

"The law doesn't say that you can pick up your car if you are beaten. Unless the other person's identity prevents you from being detained, you can go private. In the normal process, you can ask for an injury examination. The other person will detain you for a few days to wait for your injury assessment. If you have minor injuries, law enforcement cannot arrest you. If you refuse mediation, you can sue for civil compensation in your own court.”

"You can't go to the hospital to check if you have a concussion. You just say you feel nauseous and have a headache, but you can't find anything wrong. Then you can prosecute him for intentional injury.

It just depends on your patience and money.If there is a complete video of someone hitting him in the face, he can sue someone for attacking the head.

Anyway, the hospital couldn't find anything.But there is video evidence that there was an attack on the head.You should be able to sue.Compensation for mental loss, missed work, hospital expenses and other expenses. "

“Is the ability of detention to deter crime so low? There are so many comments that don’t take detention seriously!”

"Well, for someone with less than minor injuries like this, 15 days of administrative detention is the maximum punishment. If an agreement on compensation can be reached, it will be considered a settlement and no detention is required. (Choose one of the two detention options for compensation.) In this case, compensation is still recommended, because this A rotten person is not afraid of going in and squatting for 15 days for fear of losing money. If there are minor injuries (broken bones, or wounds, the length and depth of the wounds are required), then it is a criminal case, intentional injury, less than three years."

(End of this chapter)

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