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

Chapter 70 Zhang San: Insulting ~ After the dead body, he revived him?Convicted of what?

Luo Kai can be regarded as witnessing the scene of the first incident.

After submitting the evidence, he explained and predicted the possible follow-up of this matter to netizens in the live broadcast room.

Use relevant legal knowledge to give predictions:
"From the point of view just now, this road rage is the perpetrator, smashing other people's vehicles, which objectively caused losses to others! 5000 yuan can be a criminal case!"

"This is about property, and you need to pay a lot of money!

As for the guilt, the man took out a wrench from the trunk of the car and threw it at the victim!

Subjectively, there is a criminal intention to hurt others, and subjectively and objectively, the crime of intentional injury has been committed..."

After Luo Kai finished speaking, some netizens raised a question: "The incident of Lawyer Luo reminded me of jokes circulating on the Internet.

That is to say, if you are beaten, please lie on the ground and take out your mobile phone, and choose your favorite luxury car or house!
Is this kind of thing a joke?Is it legally possible? "

Many people liked this question, which shows that many people agree with this statement.

Luo Kai put this netizen's inquiry at the top.

Luo Kai replied very rigorously: "This statement is not rigorous in the strict sense!
The person who was beaten lay on the ground and took out his mobile phone because he might get a forgiveness money!

but!If done poorly, it could very well turn the process into extortion! "

Extortion?

Netizens asked what to do after taking a breath.

Luo Kai coughed softly: "If there is a person named Zhang San, he was beaten and lay on the ground!
It's time to report to the official!The perpetrator may have committed the crime of intentional injury I mentioned above!Or the crime of picking quarrels and provoking trouble! "

"The crime of picking quarrels and provoking trouble with a slightly lighter sentence is 1 to 3 years!
Judges have discretion when sentencing!
For the defendant who behaves well, repents, and reduces the damage in time, a discretionary sentence will be imposed! "

"...As long as the defendant is not mentally ill, he will try his best to reduce his sentence to a shorter one!
Therefore, at this time, the letter of understanding given by the victim and the plaintiff accounted for a very important factor in the judgment! "

"What should Zhang San do at this time?
Is to take the initiative to say, hey, buddy, how much do you give me, can we settle it privately? "

Luo Kai paused deliberately when he said this.

The netizens in the live broadcast room answered, some said yes, some said no.

Luo Kai nodded and continued: "If Zhang San, who is the victim, asks for money and says how much money is low, that's fine!

Use this as a threat, so sorry, this violated the crime of extortion!Zhang San has to go in by himself! "

"What's the right thing to do at this time?
Zhang San is a victim, at this moment you have the initiative, how can you say it yourself!
You should let the other person speak!

If Zhang San is not satisfied, he will not open his mouth!
As for what amount you are satisfied with?
Believe me, it goes without saying, everyone weighs it in their own hearts.

And remember that it is only effective under the witness of law enforcement officers!This is called making a decision! "

After Luo Kai finished speaking.

Netizens had an instant epiphany.

Some are playing tricks!

Some are really discussing this specific implementation issue!

For example, how to be more serious when identifying injuries in the identification link:
"When it's time for identification, if the doctor said the last sentence, you just say what the doctor said just now!
Limb weakness, severe memory loss, half dead, and sometimes difficulty breathing!
The brain is the most mysterious area of ​​human beings, which has not been studied so far.

Determining whether it is a concussion depends entirely on the performance of the patient.

Come and check, this thing can't be checked, as long as I'm half dead, it's impossible to judge.

One year in bed means he must stay in bed for one year, and no one dares to be the master of this.

If it is really half-dead, and the sentence is light, who will be responsible?
"A private understanding without a third party witness is now illegal [doge].

Only the understanding under the supervision of the law is legal, otherwise it is all useless [eat melon]!

After looking at someone, I felt that I was blackmailed, so I went to the court, and this person still knew the law and went to sue others for blackmail [呲牙]!Later, I really went in because of extortion! "

"Ask a question, will private mediation be defined as extortion? I've heard some people say no."

"A claim is a claim, and blackmail is blackmail, literally!
Didn't you hear what Lawyer Luo said just now?You can't open your mouth, you have to let the other party take the initiative to claim compensation! "

"Hey, do you have any evidence to prove that I forced him? You don't have to accept it, anyway, you have to pay and go to jail [doge]"

"There can be no threatening language. You can say how much money I need to agree to a settlement, and it must be accompanied by law enforcement officers!"

"I didn't understand it for 3 years, but I understood it for less than a year. It depends on whether the other party thinks that freedom is more important than money [doge]"

"It is said that an average of 10 yuan is less than 20 yuan for a letter of understanding.

But anyway, don't open your mouth indiscriminately, if you really meet someone capable, you may really be blackmailing.

So it is safer to let the other party make an offer, no matter what you are negotiating, don't talk too much, especially when talking about money in person [doge]. "

Some netizens also raised questions about the amount of understanding:

"I don't understand. Is the amount not fixed? Is there no upper limit? What if it takes [-] million to forgive? How do you calculate?"

Luo Kai replied positively: "How much you want is your freedom, how much he can pay is his business!
You can ask a sky-high price, but whether he can afford it is a question.

It is reasonable to claim as much as possible, and it is not necessary to pay so much, it can be negotiated, and I will not understand if the negotiation is inappropriate! "

"If you open your mouth and don't mention a penny, if the money is not in place, you will refuse to sign the settlement!"

After Luo Kai finished speaking.

Netizens replied one after another that they understood.

Find someone to hurt yourself.

Start a money making project...

It's pretty outrageous.

Luo Kai checked the time.

The broadcast time is three hours.

Let’s talk to netizens later about the shopping software of Bangchoyidao.

When Luo Kai was thinking this way.

A question from a netizen made him feel that the popularization of the law might need to be more down-to-earth.

The other party asked:
Lawyer Luo, can you explain a little bit about the subjective and objective aspects?

If you can use jokes... cough cough cough!no!It would be better to illustrate with an example.

It is actually somewhat difficult for ordinary people like us to understand legal terminology.

Professional questions about the law were asked.

That's a good thing.

It shows that popularization of the law has achieved results.

It can make more people master legal knowledge and be interested in law.

This is the original intention of Luo Kai to start the live broadcast!

Good thing!

Luo Kai coughed lightly: "Subjective stratum and objective stratum are the most widely used theories in law examinations and in our lawyer practice!"

"If a person wants to commit a crime, then objectively committing an illegal fact, there is a subjective intention to commit a crime!"

"Let me explain to you with a simple example!"

Luo Kai coughed lightly: "We'll use Zhang San as an example this time!
Zhang San is a practitioner in the funeral industry!
In charge of the morgue!
Because of work, I am still a bachelor in my 40s!
So one day, he was going to attack a corpse!
But the body was alive afterwards?

Excuse me, what crime should Zhang San be convicted of? "

After Luo Kai finished speaking, he spread his hands.

It seems to be waiting for netizens to answer!

Netizen: Σ(っ°Д°;)っ

Netizens were shocked.

What the hell!

hiss!
What kind of outlaw act is this?
After doing something to the corpse, it saved the person?

What kind of unnatural behavior is this?

Is Hua Tuo alive?
　Ask for a monthly ticket and ask for a recommendation ticket!Dear handsome Yanzu, Yifei is beautiful, please deduct 1 at the end of the chapter!Let the author mercilessly bless you to pass the exam and earn money when you go out!

　　
　
(End of this chapter)