Lawyer's character

Seeing that Cao Wenxu didn't pay for anything, the defendant Gao Qiyuan became suspicious, and then he asked for it many times, but nothing happened.

Gao Qiyuan was so angry that he planned to kidnap his old partner and demand money. After that, he brought daggers, pepper spray, electric shock bats and other tools to the community where Cao Wenxu was hiding, waiting there. He planned to tie up Cao Wenxue and take him to a remote warehouse he had rented in the suburbs, where he would detain him for "debt collection." The 2.5 million that belongs to you.

After squatting for several days, Gao Qiyuan finally saw Cao Wenxue, who came back carrying roast chicken and humming a ditty. When the latter saw Gao Qiyuan squatting at the door of the building smoking, he was shocked and was about to speak. When he saw Gao Qiyuan walking towards him with a fierce look in his eyes, he immediately became frightened and ran towards the security guard at the gate and shouted for help. His cry for help alerted the residents and security guards in the community. After Gao Qiyuan kicked him, he had no choice but to run away when the incident was revealed.

Cao Wenxu knew what kind of person Gao Qiyuan was. Once he was determined to do something, he would definitely do it to the end. From then on, Cao Wenxue was in panic all day long.

In the end, he thought of "killing with a borrowed knife" and wanted to kill Gao Qiyuan with the help of the police to solve his urgent need. The reason why Cao Wenxue dared to do this was because he believed that even if Gao Qiyuan was arrested, he would not tell the story about the kidnapping, because the two of them were grasshoppers on the same rope.

He then reported to the police that someone was trying to kidnap him. The kidnapping was a major case, so the police targeted Gao Qiyuan based on surveillance and began to investigate.

At this time, Gao Qiyuan's life was not easy. He had done a job before, but Cao Wenxue took all the money. The money in his hand was not even enough for next month's rent. While he was drinking to soothe his sorrows and thinking about how to settle the score with Cao Wenxue, the police broke into the rental house and arrested him in one fell swoop.

Gao Qiyuan never dreamed that it was Cao Wenwen's case. He thought it was the previous kidnapping case in the Northeast, so he kept silent after being arrested. Later, after questioning by the police, Gao Qiyuan got the clue. The emotional police were not looking for him because of the kidnapping case in Northeast China, but because of Cao Wenxue's matter. He wished he could tear Cao Wenxu into pieces.

Just when the Beijing police were preparing to transfer the case to the procuratorate, the Northeast police sent a letter of assistance in the investigation. When the Beijing police saw it, they immediately laughed out loud. Unexpectedly, the suspect Gao Qiyuan and the victim Cao Qiyuan had just been solved in the kidnapping case. Literature is actually a kidnapper. It's true that you can't find anything without wearing iron shoes, and it doesn't take any effort to get it.

After review and prosecution by the procuratorate, the defendant Gao Qiyuan was finally prosecuted in the district court for illegal detention.

Although Gao Qiyuan is an inconspicuous person, he has an older brother who holds real power in a large group company and has a certain degree of influence. Although the relationship between the two brothers has never been good, they are brothers after all. So brother Gao Qiyuan handed over his brother's case to Zhou Shen.

"Okay, this is the case. Everyone has read the case file before. Now let's talk about your thoughts and express your opinions. How can we defend this case in the best interest of the parties?" Zhou Shen said.

"Lawyer Zhou, Lawyer Fang, let me tell you my opinion first and try to spark some discussion. The victim Cao Wenxue reported that Gao Qiyuan wanted to kidnap him, but the procuratorate found that Gao Qiyuan was guilty of illegal detention.

According to the evidence in the case, Gao Qiyuan did not actually implement the act of detention, and even the seizure was not completed, which did not meet the prosecution standards for the crime of illegal detention. So I suggest a not guilty plea. "Lawyer Wang said.

“I agree to defend Gao Qi’s original innocence, but my reasons are different from Lawyer Wang.

I believe that what the defendant Gao Qiyuan asked for from Cao Wenxue was not a legal debt, but the ransom obtained by the two kidnapping others. Because their previous actions had violated the Criminal Law, the ransom cannot be regarded as a debt.

According to the "Interpretation of the Supreme People's Court on How to Convict the Act of Extorting Debts Not Protected by the Law and Illegal Detention of Others", if the actor illegally detains or detains others to obtain debts such as loan sharks and gambling debts that are not protected by the law, he shall also be punished. It should be treated as illegal detention and cannot be classified as kidnapping.

However, in the above explanation, "debts not protected by law" refer to debts comparable to loan sharks and gambling debts, and should not include so-called debts arising from uneven distribution of proceeds due to violations of criminal laws.

In addition, according to the principle of who claims to provide evidence, when the victim Cao Wenxue denied that there was a debt between the two parties, Gao Qiyuan was unable to provide evidence to prove that there was indeed an agreement or the existence of a debt between the two parties, so it should not be deemed that there was a debt between the two parties. , should not constitute the crime of illegal detention. "The gray-haired lawyer Zhao said with a serious face.

"Lawyer Sun, what do you think?" Zhou Shen asked. Lawyer Sun is the youngest and most junior criminal lawyer in his team. He is the kind of person who speaks lightly, but he doesn't think so.

“I checked and found that the crime of illegal detention currently only has filing standards in the field of official crimes, and there are no prosecution standards for ordinary criminal cases.

With reference to the provisions of the "Provisions on the Standards for Filing Investigation Cases Directly Accepted by the People's Procuratorate (Trial)" (effective from September 16, 1999), if a state agency employee is suspected of taking advantage of his or her authority to illegally detain someone under any of the following circumstances, a case should be filed :

1. The illegal detention lasts for more than 24 hours;

2. Illegal detention of others more than three times, or illegal detention of more than three people at one time;

3. Illegal detention of others and conduct acts such as binding, beating, humiliation, etc.;

4. Illegal detention, causing disability, death or mental disorder;

5. Illegally detaining or detaining others for the purpose of collecting debts, under any of the above circumstances;

6. Judicial personnel illegally detain a person they know to be innocent.

The evidence in the case shows that the defendant Gao Qiyuan planned to use detention to demand the proceeds of crime, that is, the stolen money. Judging from his motives and preliminary preparations, he complied with the above provisions and should be classified as illegal detention. The details are as follows:

1. The evidence in the case shows that Gao Qiyuan planned to use tying methods to hijack Cao Wenxue and detain him in a relatively remote warehouse that had been prepared, and demanded the stolen money. His behavior met the requirements of "using tying methods".

2. Gao Qiyuan selected the place of detention in advance and planned to imprison Cao Wenxue until the other party paid. He had the criminal intention to restrict Cao Wenxue to more than 24 hours.

3. Gao Qiyuan prepared knives, electric shock batons, pepper spray and other crime tools, and had the intention to carry out beatings, which met the requirements of "beating".

Therefore, I think this case should be handled according to the crime of illegal detention. "Lawyer Sun said.

Zhou Shen looked at Fang Yi, his eyes conveying the message: You see, I'm right, right? Three people have three opinions. Everyone has their own reasons, and no one can refute the other. It's a tripartite confrontation!