Lawyer's character

In the afternoon, Zhou Ying and others sat on the sofa in Fang Yi's office, and Du Yong wrote the basic information about the case to be discussed on the whiteboard.

"Let me first introduce to you the facts of the case and the information I got when I went to the detention center. This is a murder case, and the defendant's name is Tian Lijie..." Du Yong stood next to the whiteboard and told everyone about the case.

The defendant Tian Lijie came to the city to look for a job at the beginning of the year. Because he only had a high school education, he failed many interviews. Later, he saw a small advertisement for obtaining a fake certificate on a telephone pole, so he called the other party to prepare a college diploma. The person who applied for a fake certificate for him was a woman named Geng Wenlan.

Later, Tian Lijie went for an interview with his college diploma, but the company hired a bachelor's degree graduate. So Tian Lijie called Geng Wenlan again and asked for a fake certificate. Geng Wenlan suggested that he get a graduate degree certificate in one step. Tian Lijie thought this was good.

Two days later, Geng Wenlan sent the fake certificate to Tian Lijie's residence and asked for the fee. Tian Lijie found that the cost of applying for the certificate this time was much higher than before, so he asked why. Geng Wenlan told him that the graduate certificate includes the academic certificate and the degree certificate, which are two certificates, while the college certificate is one certificate, so the cost is much different.

Tian Lijie felt that the other party was cheating him out of money. He only wanted an academic certificate, not a degree certificate. But Geng Wenlan refused, and the two sides argued over the price of making fake diplomas. The argument became more and more fierce. Tian Lijie had a bad temper. He directly picked up the arm strength machine used for fitness in the house and repeatedly hit each other on the head. The two fought together. .

During the fight, Tian Lijie picked up a fruit knife on the table and stabbed the other person's head and chest, causing the victim Geng Wenlan to die on the spot. Afterwards, Tian Lijie was afraid that his crime would be exposed. In order to evade legal sanctions, he used hacksaws, kitchen knives and other tools to dismember the victim's body in the bathroom of the rental house, put the body parts in woven bags, and dragged the stones away in the middle of the night. He left his residence and was buried in the ground not far from the community.

Soon after, the defendant Tian Lijie sent a message to the victim's husband on his mobile phone, extorting 200,000 yuan from him on the pretense that Geng Wenlan had been kidnapped.

Afterwards, Geng Wenlan's husband reported the crime. Based on the clues provided by Geng Wenlan's fake certificate, the police found Tian Lijie and found blood stains in his residence.

After Tian Lijie was arrested, he truthfully confessed the incident. The public security organs dug up the victim's body.

Afterwards, the procuratorate filed a public prosecution with the Intermediate People's Court charging the defendant Tian Lijie with intentional homicide and extortion.

"The above are the relevant circumstances of the case. The procuratorate charged the defendant with intentional homicide. I have no objection to this charge, but I am not sure whether the crime of extortion charged by the procuratorate is established.

I believe that after killing the victim, the defendant fabricated the fact that the victim was kidnapped and asked for money, which should constitute a crime of fraud. "After Du Yong finished speaking, he looked at everyone in the room.

"Everyone, please share your thoughts. Wu Qinghui, you come first. Don't be afraid of making mistakes and express your opinions boldly." Fang Yi encouraged.

"I think it's too harmful to give false testimony. On the other hand, this is also a high-risk industry. It's not worth losing your life for a few hundred dollars." Wu Qinghui said boldly.

After Zhou Ying listened, she raised her forehead and said to herself that Mr. Wu’s way of thinking was really unusual. What did he think?

"What about that, Yun Qiao, tell me." Fang Yi directly pretended that Wu Qinghui didn't exist.

"I think the defendant extorted money from the victim's husband in the name of kidnapping the victim, which constitutes the crime of kidnapping. It should not be constituted as the crime of extortion." Yun Qiao said confidently.

After Yun Qiao finished speaking, Fang Yi looked at Zhou Ying.

"I feel that the plot of this case, 'after killing, in the name of kidnapping, asking for money' is very similar to a case I handled with Lawyer Fang before. In this case, the victim's behavior should constitute two crimes: intentional homicide and extortion. ." Zhou Ying thought for a while and said.

"Tell me the reason." Fang Yi smiled.

"First of all, the defendant committed the murder because he obtained a false certificate and failed to negotiate a price with the victim. The defendant's purpose of killing was not to kidnap.

Secondly, after the death of the victim, the defendant Tian Lijie attempted to extort money from the victim's relatives on the pretext that the victim was kidnapped. This did not meet the conditions for the crime of kidnapping. It was an afterthought and should constitute the crime of extortion. "Zhou Ying said.

"I think there is no problem with the charges brought by the procuratorate in this case, and the defendant's criminal methods are cruel, the circumstances are particularly serious, and the social harm is great. In the absence of statutory mitigating circumstances, it is very likely that he will be sentenced to death. Let me tell you idea.

After the defendant Tian Lijie killed the victim, he extorted money from the victim's relatives in the name of kidnapping the victim, which did not constitute the crime of kidnapping.

The crime of kidnapping refers to the act of kidnapping another person using violence, coercion or other methods for the purpose of extorting property or taking hostages.

In this case, the defendant Tian Lijie never carried out any act of kidnapping that caused the victim to lose his personal freedom, nor did he restrict the victim's personal freedom.

The defendant had a dispute with the victim over the price of a false certificate and killed the victim. Obviously, his behavior constituted intentional homicide.

After the death of the victim, the defendant made an impromptu effort to demand money in the name of kidnapping. However, in fact, the defendant no longer had the kidnapping target in his hands. In the absence of a kidnapped person, the crime of kidnapping cannot be constituted.

Therefore, the defendant Tian Lijie in this case extorted money in the name of kidnapping after intentional homicide did not constitute the crime of kidnapping. "After Fang Yi finished speaking, he looked at everyone.

Du Yong thought about Fang Yi's words and remained silent.

“In addition, in this case, the defendant had the subjective intention to illegally possess, which subjectively meets the constituent elements of the crime of fraud and extortion.

The crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

In this case, the defendant Tian Lijie demanded money from the victim's family in the name of kidnapping. In the situation of information asymmetry at that time, the victim's family was very likely to believe the defendant's fictitious fact that the victim was kidnapped, but they would never "voluntarily" hand over the money to the defendant because of their misunderstanding, even if When they handed over the money to the defendant, it was because they were coerced and had no choice but to do so. They did not actively hand over the money because they were deceived. Therefore, I believe that the defendant's behavior does not constitute the crime of fraud.

The crime of extortion is an act of threatening or coercing a victim to forcibly extort a relatively large amount of public or private property for the purpose of illegal possession.

The criminal method is to threaten or coerce the victim, that is, to impose mental coercion on the owners and custodians of public and private property, causing psychological fear in them, so that they dare not refuse the request for property.

In this case, after the defendant Tian Lijie killed the victim at his residence, he informed the victim's husband through his mobile phone that the victim had been kidnapped, demanded money, and told him that he could not report the crime, otherwise he would be killed.

The victim's husband was worried about the victim's safety and was severely mentally coerced. The defendant Tian Lijie fabricated the fact of kidnapping and coerced the victim's husband with the intention of extorting money. Therefore, the defendant's behavior complied with the constituent elements of the crime of extortion. "Fang Yi explained.