Lawyer's character

"I have a question. In this case, the defendant killed and dismembered the victim. There is no doubt that the defendant's behavior was intentional homicide and it was completed. What about the crime of extortion? Was it completed or attempted?" Yun Qiao suddenly looked at it. Asked everyone.

“I think it was accomplished because the defendant fabricated the kidnapping of hostages as a fact and demanded money. His behavior has already caused mental coercion on the victim’s husband.

In other words, the defendant committed extortion and caused fear to the victim's husband. Even if he did not illegally occupy the property, it should still be accomplished. After all, the defendant committed the act. Zhou Ying thought for a while and said.

"I believe that the criterion for determining whether the crime of extortion is completed or attempted should be based on whether the defendant actually obtained other people's money. In this case, the defendant did not receive the money, so it should be an attempt." Du Yongti expressed his objection.

“I agree with Lawyer Du’s opinion.

The crime of extortion is a crime against property. First of all, the delivery or acquisition of property should be considered as the criterion for determining whether the crime of extortion is completed or attempted.

Regarding the issue of completed and attempted extortion crimes, there are two views in the theoretical circles, namely the delivery theory (out of control theory) and the acquisition theory (control theory).

In judicial practice, under normal circumstances, the victim's delivery of property and the defendant's act of obtaining property are consistent. However, the reality is complex, and there are special circumstances where the two acts are inconsistent.

For example, the victim delivers the property to a specific place or person at the defendant's request, but the defendant is caught by the police before he actually obtains the property.

In this case, the time when the victim delivered the property and the defendant obtained the property were not consistent. However, in essence, the victim has delivered the property to the place or person designated by the defendant, and the property has been released from the victim's control. Therefore, the defendant should be deemed to have actually obtained the property.

Therefore, in this case, whether based on the delivery theory (loss of control theory) or the acquisition theory (control theory), the defendant's behavior should be deemed as a completed crime.

Therefore, I believe that after the defendant Tian Lijie intentionally killed someone, he extorted money from the victim's relatives in the name of kidnapping, which constituted the crime of extortion and was an attempt. "Fang Yi said.

"I have a question. When I watch movies, there is often a situation where the police have set up a trap and have secured the scene in advance. They only wait for the criminal to go to the designated place to withdraw money and then capture him in one fell swoop. In this case, Is it a completed crime or an attempted crime?" Wu Qinghui raised his hand and asked suddenly.

After hearing this, everyone was stunned for a moment and looked at Fang Yi.

"The question Xiao Wu asked is very realistic. If this is the case, it should not be considered a completed crime, but an attempted crime.

Because, to the victim, he did not actually deliver the property. To put it bluntly, the victim did not really lose control of the property. It is impossible for a criminal to actually obtain or control property.

Therefore, whether the delivery theory (loss of control theory) or the acquisition theory (control theory) is adopted, the criminal's behavior should be considered an attempt. Of course, this is my personal opinion and does not mean that all procuratorates and courts think so. "Fang Yishuo explained.

Du Yong kept nodding. Although he could guess the outcome of the case, he didn't know how to explain it. It seemed that Boss Fang's theoretical foundation was indeed better. He could establish a foothold in the city and create a good reputation. It was true. Of ability.

No matter what the court decides, for now, Du Yong is convinced!

In fact, Fang Yi's view was similar to the view finally adopted by the court's collegial panel.

The Intermediate People's Court held that the defendant Tian Lijie used violent means to kill Geng Wenlan, cut his body into pieces and buried it in a field; after Tian Lijie killed the person and dumped the body, he demanded money from the victim's relatives on the pretext that the victim had been kidnapped. It was attempted but failed.

The defendant's behavior constituted intentional homicide and extortion (attempted) respectively. His criminal methods were cruel and extremely harmful to society, and he should be severely punished in accordance with the law. Defendant Tian Lijie's criminal behavior also caused economic losses to the plaintiff in the incidental civil lawsuit, which should be compensated; however, the plaintiff's request for death compensation lacks legal basis and will not be supported.

Finally, the Intermediate Court ruled in accordance with Articles 232, 274, 23, Article 57, Paragraph 1, and Article 69, Paragraph 1 of the Criminal Law of the People's Republic of China. , Article 64, Paragraph 1 of Article 36 and Article 119 of the General Principles of the Civil Law, the judgment is as follows:

1. The defendant Tian Lijie was convicted of intentional homicide and sentenced to death and deprived of political rights for life; he was convicted of extortion and sentenced to four years in prison. Decided to implement the death penalty, deprivation of political rights for life.

2. Defendant Tian Lijie compensates the plaintiff in the incidental civil lawsuit for funeral expenses, transportation expenses, child support, alimony and other expenses.

However, the court did not support the plaintiff’s request for compensation for death compensation in the criminal incidental civil lawsuit because the court believed that such expenses did not fall within the scope of the incidental civil lawsuit. The legal basis for the court's decision is Article 119 of the General Principles of Civil Law.

(Article 119 of the "General Principles of the Civil Code" (now invalid and replaced by the "Civil Code"), who infringes upon the body of a citizen and causes death, shall pay funeral expenses, necessary living expenses of the deceased's dependents, and other expenses.)

After the first-instance verdict, the plaintiff in the incidental civil lawsuit appealed, requiring the defendant Tian Lijie to compensate for death compensation. The High Court ruled that the appeal was dismissed and the original judgment was upheld on the grounds that the death compensation requested by the plaintiff did not fall within the scope of the incidental civil lawsuit.

After Du Yong received the verdicts of the first and second instances, Fang Yi became even more convinced of Fang Yi's judgment. This also established Fang Yi's position in the criminal field of the team.

Some people may ask, shouldn’t the professional ability of a team leader be the ceiling of the team’s professional ability? In fact, this is not the case. The reason why the boss of many teams becomes the boss is because they have resources. To put it bluntly, he can bring cases to the team and control the economic lifeline of the team, but his own professional ability may be very limited.

This is just like the boss of a company who doesn't understand the law but can spend money to hire a lawyer or legal consultant.

At ten o'clock in the morning, Zhou Ying and Du Yong finished their meeting, walked out of the detention center, came to the parking lot, and drove back to the law firm.

"Lawyer Du, what your cousin Kong Shu said is basically consistent with what we learned about the case. Although Kong Shu did not surrender, he helped the police arrest another defendant, Xiang Qingbin, and had meritorious service. When sentencing, the court Will consider it.

Things are already like this, so don't worry too much. When the case is transferred to the procuratorate, we will discuss it with Boss Fang after we read the files. "Zhou Ying comforted.

Du Yong looked solemn and nodded. When they met at the detention center just now, he didn't say a word, he just stared at his cousin, so that the latter did not dare to look at him.

He wanted to pull out his cousin and beat him up. His heart was already in a state of confusion. From this point of view, lawyers were really not suitable to represent their relatives, especially criminal cases.

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