Lawyer's character

The next day, at around four o'clock in the morning, Li Feiyang and Lu Shaolei, who had been stealing vegetables all night at Happy Farm, arrived at the gate of the vegetable wholesale market with cigarettes in their mouths and red eyes.

The two of them saw many cars parked in the parking lot at the entrance of the wholesale market. Those who came to the wholesale market so early must be here to batch vegetables.

Lu Shaolei searched around and fell in love with a Sanbengzi. The owner of the Sanbengzi was a man in his thirties, with dark skin and a thin build. He looked quite honest. When Lu Shaolei and the other two approached, the skinny man had just loaded the vegetables on the trolley into three bungs and was about to return to the wholesale market again.

Without saying a word, Lu Shaolei and the other two loaded the ten packs of cabbage in the van directly onto the three-bungzi. At this time, the skinny man had not gone far. When he heard the noise, he turned around and saw two strangers loading food into his car.

The skinny man ran over in a hurry. When Lu Shaolei saw the car owner coming, without waiting for the other party to say anything, he directly offered a pack of cabbage 100 yuan, a total of ten packs, 1,000 yuan, and asked the skinny man to pay.

The skinny man immediately realized that this was not a forced purchase and sale. He immediately rejected Lu Shaolei's request and asked the two of them to unload the dishes, otherwise they would call the police.

Li Feiyang spent the whole night trying to get some money, and he was so angry that he had no place to vent his anger. He picked up the skinny man by the collar, dragged him to the back of a truck in the parking lot, and beat him. Li Feiyang was strong and coupled with Lu Shaolei, two against one, the skinny man was no match at all and was fooled.

After stopping, Lu Shaolei continued to ask for money for cabbage. The skinny man pretended to give him money and punched Li Feiyang hard in the chest, knocking him into the truck behind him. He grinned in pain.

The skinny man turned around and ran away, but before he could get very far, he was kicked to the ground by Lu Shaolei, and the two started fighting. Li Feiyang ran over to help, and both parties were anxious.

During the fight, Li Feiyang kicked the thin man into a big somersault, then took out the dagger he carried and stabbed him three times in the abdomen, back and right buttocks. Lu Shaolei stood aside and was dumbfounded.

Seeing Li Feiyang using the knife and the other party's screams of being bombed, Lu Shaolei secretly thought something was wrong and pulled Li Feiyang away, and the two got in the car and fled the scene.

When the security guard at the wholesale market saw a fight, he called the police and dialed the emergency number. Soon an ambulance arrived at the scene and took the emaciated man to the county hospital for rescue.

Based on surveillance video and witness descriptions, the police quickly identified the suspects as Li Feiyang and Lu Shaolei. Li Feiyang had a criminal background and could easily be traced. One day later, Lu and Li were captured by the police.

Later, judicial appraisal revealed that the victim, a thin man, had a ruptured descending colon, a ruptured inferior epigastric artery, and hemoperitoneum, constituting serious injuries.

"Brother Da, this case is not complicated. The person who entrusted us is the father of the defendant Lu Shaolei. The defendant Lu Shaolei confessed to the facts of the crime, but he insisted that the purpose of calling in the other defendant Li Feiyang was to buy someone by force. He was showing off some money and didn't want to use the knife. It was Li Feiyang who got anxious. The person who stabbed him with the knife had nothing to do with him.

The two defendants in this case will definitely be sentenced, but the problem is that their criminal intent was to buy and sell by force, which constitutes the crime of forced transaction. However, during the process of forced buying and selling, the defendant Li Feiyang used a knife to seriously injure the victim. The nature of the matter changed and he was charged with intentional injury.

The question now is, during the process of joint forced transactions, one person seriously injured the victim with a knife. How should other defendants who participated in joint forced transactions be convicted and punished?

I kept thinking about this issue on the way back, and I was not sure what I was eating. " Du Yong said.

Originally, Du Yong wanted to ask Fang Yi for advice on this issue, but Meng Guangda happened to come over. Du Yong knew that Meng Guangda had been practicing law longer than him, and he also taught criminal law at a university, so he wanted to hear his thoughts.

"Well, that's what I thought.

According to the provisions of Article 226 of the Criminal Law, whoever uses violence or threats to forcefully buy or sell goods, force others to provide services, or force others to receive services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to Or a fine alone.

For this crime, the perpetrator must be intentional in the subjective aspect. From the perspective of judicial practice, the perpetrators of the crime of forced transaction generally have the motive of greed for profit.

In terms of objective aspects, it mainly involves the use of violence or threats to force the purchase and sale of goods, the use of violence or threats to force others to provide services, the use of violence or threats to force others to accept services, etc.

The crime of forced transaction is a circumstantial crime. As long as the perpetrator uses violence or threats to force others to trade, and the circumstances are serious, this crime can be constituted.

The serious circumstances mainly include: when forcing the transaction, the perpetrator committed violence, such as beating others, with bad means; threatening to use violence on the spot; forcing the transaction multiple times and refusing to change; making huge profits from the forced transaction; forcing the transaction to disrupt production. , trading order causing serious consequences, etc.

Regardless of whether the act of forced transaction is completed, as long as the above circumstances exist, it constitutes the crime of forced transaction and is completed.

The second defendant in this case wanted to forcibly sell ten packs of cabbage to the victim at a price of 100 yuan per package. After being refused, the second defendant beat the victim and caused serious injuries to the victim Peng Wenbin. Therefore, I think that the second defendant The defendant's forced transaction behavior was serious and met the constituent elements of the crime of forced transaction. "After Meng Guangda finished speaking, he habitually smoothed the sparse hair on his head that was almost visible to the naked eye.

"Well, I agree with that, and I think so too." Du Yong nodded.

“In addition, the defendant Li Feiyang caused serious injuries to the victim in the process of committing the crime of forced transaction, which constituted the crime of intentional injury.

In this case, it should be handled in accordance with the criminal law punishment principles for involved offenders, that is, in accordance with the principle of "one severe punishment", the defendant Li Feiyang was found to have committed the crime of intentional injury, and he was not punished for multiple crimes.

There is an issue that needs to be confirmed, and that is whether defendant Lu Shaolei knew that defendant Li Feiyang was carrying a dagger. When Li Feiyang stabbed the victim with a dagger, was it Lu Shaolei's tacit approval? Did Lu Shaolei assist Li Feiyang when he stabbed someone?

If the defendant Lu Shaolei did not know in advance that Li Feiyang was carrying a knife to participate in the forced transaction, he could not have foreseen that Li Feiyang would suddenly take out the dagger he carried with him and stab the victim during the forced transaction. Moreover, Lu Shaolei was not aware that Li Feiyang stabbed the victim with the knife. At that time, he did not harm the victim at the same time or assist Li Feiyang in committing the crime.

The consequences of Li Feiyang's serious injury to the victim with a knife exceeded the common criminal intention formed by him and Lu Shaolei in committing the crime of forced transaction. The consequences of the victim being stabbed and seriously injured can only be borne by the defendant Li Feiyang who committed the serious injury.

In this case, the court may convict Li Feiyang, the defendant in this case, for intentional injury, and convict Lu Shaolei, the defendant, for forced transaction. "Meng Guangda continued.

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