Lawyer's character

After hearing this, Zhou Ying and Yun Qiao nodded silently, indicating that they agreed with Fang Yi's point of view. Wu Qinghui also nodded his head as if he understood and didn't understand.

“After talking about the first stage, let’s talk about the second stage.

Zhu Yongqiu and Qi Chunli conspired to lure the victim Li Yu (the second fool) to his home on the pretext of taking care of the food, then killed him and burned his body in the west wing, creating the illusion that Zhu Yongqiu was accidentally burned to death. .

After Zhu Yongqiu and Qi Chunli jointly killed Li Yu (the second fool), Zhu Yongqiu fled to another place and hid, while Qi Chunli reported a false case to the public security agency in order to defraud the public security agency into issuing a certificate about Zhu Yongqiu's accidental burning death in order to defraud the insurance company. Insurance.

Judging from the above circumstances, Zhu Yongqiu and Qi Chunli's joint killing of Li Yu (the second fool) constituted intentional homicide. After that, the two people burned the body of Li Yu (the second fool) and created the illusion that Zhu Yongqiu was accidentally burned to death. This was to create conditions and preparations for committing insurance fraud. It can also be regarded as preparatory behavior for insurance fraud.

To sum up, although the ultimate purpose of defendant Zhu Yongqiu's two murders was to defraud insurance money, the two completed criminal acts are a complete act no matter which one is taken separately.

According to the principle of prohibiting repeated evaluations, when the court is reviewing and approving, you can only choose to convict one crime. You cannot convict the same act of robbery and insurance fraud (preparatory) or intentional homicide and insurance fraud (preparatory). .

Therefore, the Intermediate People's Court was correct in convicting and punishing Zhu Yongqiu for two serious crimes: robbery and intentional homicide. As for defendant Qi Chunli's behavior, he can only be convicted of intentional homicide. "Fang Yi looked at the three of them and then explained.

"Master, let me ask one more question, why is the defendant's behavior in this case a preparation for insurance fraud, rather than an attempt to commit insurance fraud? Haven't the two defendants already begun to commit insurance fraud?" Yun Qiao looked at Fang Yi in confusion. .

“Whether insurance fraud is a preparation or an attempt, I think the key is to see whether the perpetrator has ‘started’ to commit insurance fraud.

According to the provisions of Article 198 (4) of the Criminal Law, the two defendants in this case wanted to defraud insurance money by fabricating false insurance accidents.

In response to the above situation, there are two views in the theoretical circles: one is that the perpetrator starts to fabricate false insurance accidents, which is the "start"; the second is that the perpetrator starts to apply for insurance benefits from the insurer, which is the "start". In judicial practice, courts tend to favor the latter view. I also think the latter view is more reasonable.

The object of the crime of insurance fraud is a dual object, including the property ownership of the insurance company and the country's insurance system.

Only when the perpetrator applies to the insurance company for compensation based on fictitious insurance accidents, can it pose an actual threat to the above-mentioned objects protected by the crime of insurance fraud.

After the perpetrator creates the falsehood, but before he can apply for compensation from the insurance company in the future, I think the perpetrator is actually still preparing for insurance fraud, and it cannot be said that the crime of insurance fraud has been initiated.

This case falls into this situation, so the actions of defendants Zhu Yongqiu and Qi Chunli were preparations for insurance fraud, not attempts. "Fang Yi explained.

"Oh, if you put it this way, in this type of case, only when the defendant applies for insurance money from the insurance company can the crime be committed. All previous actions are preparations for the crime." After Zhou Ying finished typing, she looked at everyone and said.

"Well, this is a point. There is preparation before committing, and after committing, you can only distinguish between completed and attempted crimes. The sentencing of criminal preparation and completed and attempted crimes is very different. It depends on whether the defendant has been squatting there for more than ten years or whether he has committed a crime. The problem of crime without punishment." Fang Yi said with a serious face.

"It seems that the possibility of this case being changed on appeal is almost zero." Zhou Ying said helplessly.

"Why, do you feel sorry for the defendant?" Yun Qiao blinked at Zhou Ying and asked with complicated eyes.

"How is that possible! Zhu Yongqiu asked his wife to trick someone into coming here, and then he killed someone. This is a typical joint crime, and both of them are guilty of murder.

What I just said was purely from a professional perspective. This case spread quickly on the Internet. In fact, for the defendant, it is the same whether there is one more insurance fraud crime or one less insurance fraud crime. In the end, the defendant in this case will definitely be sentenced to death. Not killing is not enough to make the people angry! "Zhou Ying explained.

“In fact, according to the provisions of Article 198, Paragraph 2, of the Criminal Law, if the policy holder or beneficiary intentionally causes the death of the insured and defrauds the insurance money, and if this constitutes other crimes at the same time, he shall be punished for several crimes.

When I was studying for a Ph.D., I came across a case in which the beneficiary of a life insurance policy deliberately killed the insured and defrauded the insurance money. Later, the Intermediate People's Court charged him with insurance fraud and intentional homicide, and punished him for several crimes together. .

This case does not fall into this category, and in my opinion, this case does not actually constitute insurance fraud. Because the victim Li Yu (the second fool) who was killed by Zhu Yongqiu and Qi Chunli was not the insured, but Zhu Yongqiu himself.

Zhu Yongqiu and Qi Chunli killed Li Yu and burned the body to burn the house, just to create the illusion that the insured was accidentally burned to death, so that they could fabricate a false insurance accident to defraud the insurance money.

Of course, this is just my personal opinion. The legal provisions themselves cannot take care of all aspects. In addition, personal understandings are different, so it is inevitable that there will be different opinions. "Fang Yi continued to explain.

Although Zhou Ying was somewhat uncertain about the characterization of the case, his judgment on the general direction of the case was accurate. This is not to say how strong Zhou Ying's professional ability is, but because the second defendant committed a crime that caused public outrage and there are no statutory circumstances to mitigate the punishment. It is difficult for him to die.

After trial, the Provincial High Court held that: the facts found in the original trial were clear, the evidence was reliable and sufficient, and the appeal grounds raised by the appellants Zhu Yongqiu and Qi Chunli that Qi Chunli did not participate in the killing of the victim Li Yu could not be established. The final ruling dismissed the appeal and upheld the original verdict.

Afterwards, the Provincial High Court reported the case to the Supreme Court for approval in accordance with the law. Soon after, the Supreme Court completed the review of the death penalty, and Zhu Yongqiu and Qi Chunli were executed. Of course, this is all for later.

The final exam is coming soon, and Fang Anzhi has to review until one or two o'clock in the morning every day. Fortunately, his home is close to the school, so he can sleep a little longer in the morning.

Fang Yi was quite busy during this period and was unable to combine work and his son, so last weekend he took his son Xiaozhi back to the village to relax. He discussed with his father Fang Youcai and took him to the city to be responsible for picking up and dropping off the child. Chi.