Lawyer's character

Zheng Shaoming knew that he couldn't live this life anymore, so he entrusted his parents with the house book, car keys and a bankbook worth 300,000 yuan in cash, and left the house on his own.

"Are you divorced?" Fang Yi asked.

"No, he filed a lawsuit with the court. His lawyer came to see me and told me all his demands. He didn't want a penny and just asked for a divorce." Wu Shanshan said, her eyes a little lonely: "Lawyer Fang, I will be sentenced ?"

"Now it seems that you may have committed a crime, but I think the crime determined by the public security organs is wrong. Your circumstances are not serious, and you may be sentenced to fixed-term imprisonment of less than three years or criminal detention." Fang Yidao.

"I didn't do anything. Is it illegal to catch someone raping in your own home?" Wu Shanshan asked in confusion.

"You catch an adulterer in your own home without causing harm to the other party. Generally speaking, it does not constitute a crime. But if you let the other party lie naked on the ground in full view of the public, it may constitute an insult. However, your circumstances are not particularly serious. , there should be no harsher punishment." Fang Yi explained.

After Wu Shanshan heard this, she nodded. She didn't understand the law, but after thinking about it, she tied up the other person and threw him on the ground for the neighbors to watch. It seemed a little inappropriate.

"Actually, there are many ways to catch an adulterer, and it doesn't necessarily have to violate the criminal law. For example..., of course you are right to take photos after entering the door, but..., forget it, do you have anything you want me to tell your parents?" Fang Yi asked.

"No." Wu Shanshan lowered her head and said.

"Don't be too burdened. If there are problems, let's solve them. There are reasons for your case. I believe the judge will also consider the immoral behavior of your husband and the victim when sentencing." Fang Yi advised.

Wu Shanshan said nothing, with tears in her eyes, and nodded her head. Fang Yi's words made her feel a lot more at ease.

One day later, at 9:30 in the morning, Wu Guodong came to Wanhua United Law Firm again.

Seeing Fang Yi and Zhou Ying walking into the conference room, Wu Guodong stood up and asked, "Lawyer Fang, how are you doing?"

"We went to read the papers and met with your daughter. I personally think that your daughter did commit a crime, but I think there are problems with the charges determined by the procuratorate and the public security agency.

The public security organs and the procuratorate believe that your daughter is guilty of illegal detention, but I think your daughter is not guilty of illegal detention, but is guilty of insult. "Fang Yi said.

"These two charges, if sentenced, which one is more serious?" Wu Guodong thought for a moment and asked. To him, the crime was not important, what was important was how long his daughter would be squatting there.

"Your daughter Wu Shanshan may be sentenced to less than three years in prison." Fang Yi said.

"Lawyer Fang, let me ask you again, which one is a felony, the crime of insulting women or the crime of insulting?" Wu Guodong suddenly asked.

He had consulted three lawyers before, and two of them agreed with the public security organs, believing that Wu Shanshan constituted the crime of illegal detention, and that there were circumstances of humiliation, and would be severely punished; the other lawyer believed that Wu Shanshan constituted the crime of insulting women and did not constitute a crime. The crime of illegal detention, and now Fang Yi told him that it constituted the crime of insult, Wu Guodong was completely confused!

Fang Yi knew as soon as he heard that Wu Guodong must have heard other lawyers talk about the crime of insulting women. Otherwise, how could a non-legal person think of consulting on this issue.

"These two crimes sound very similar, but there is a big difference in sentencing. Those who commit the crime of insulting, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights; those who are guilty of the crime of insulting women shall be sentenced to not more than five years. Fixed-term imprisonment or criminal detention." Fang Yi explained.

"Oh! That means the crime of insulting women is more serious than the crime of insulting, right?" Wu Guodong said.

"That's right." Fang Yi nodded.

"What's the difference between these two crimes? Does one specifically refer to insulting women, and the other can insult anyone? I don't know if I understand it correctly?" Wu Guodong heard this from other lawyers, and he wanted to tell him Fang Yi confirmed what was right or wrong.

"Well, it's not entirely true. If it were that simple, our country wouldn't have to set up a separate crime of insulting women. I'll tell you the origin of the crime of insulting women, and you'll understand.

The crime of insulting women is separated from the crime of hooliganism stipulated in the 1979 Criminal Law. Therefore, the meaning of "insult" in the crime of insulting women is different from that of "insult" in the crime of insulting women.

Because the crime of insulting women comes from the crime of hooliganism, the "insult" here mainly refers to the behavior of molesting women with obscene behavior or words in order to obtain sexual stimulation.

Therefore, the main difference between these two crimes is that the crime of insulting women is because the perpetrator is mentally empty and has a perverted mind, with the main purpose of seeking sexual stimulation or perverted sexual satisfaction. The crime of insult is mainly an illegal act taken by the perpetrator for the purpose of disparaging the reputation of others based on motivations such as venting anger and revenge.

In addition to the above-mentioned main differences, what you just mentioned is also one of the differences. The crime of insulting women can only be targeted at girls and adult women over the age of fourteen, while the objects of the crime of insulting have no restrictions on gender or age.

In addition, the crime of insult must be based on the public implementation of the insult, which can be on the spot or off the spot. Let me give you an example. This is like a rural shrew scolding someone. Whether you are standing on the street or scolding behind your back, you must let others know in order to ruin the other person's reputation. If you hide at home and curse in a low voice, others will not Knowing it does not constitute an insult.

The crime of insulting women can be committed openly or in a non-public manner, but it must be committed on the woman being insulted on the spot. This is like a second-rate man playing hooligan on the street. It can be done in public or secretly, but it must be done on the spot to be considered a crime of insulting women.

I have read your daughter's case file and asked your daughter that your daughter Wu Shanshan took drastic actions mainly because her husband cheated on her, and all of this was based on motives such as venting anger and revenge, with the purpose of disparaging her husband's reputation. It is not out of abnormal psychology such as spiritual emptiness, but the main motivation is to seek sexual stimulation or abnormal sexual satisfaction.

Therefore, I think your daughter's case should be charged with insult. "Fang Yi explained.

"Let me understand, does the crime of insulting women belong to the category of being a hooligan, while the crime of insulting belongs to the category of slandering others' reputations? Can you understand it this way?" Wu Guodong said.

"Absolutely." Fang Yi understood that for non-lawyers like Wu Guodong, it would be useless to talk too much, so that was all he could understand.

"Lawyer Fang, if you defend my daughter, how much will the lawyer's fees cost?" Wu Guodong felt that the middle-aged male lawyer in front of him was more professional than the lawyers he had seen before, and there was no barrier to communication.