Lawyer's character

"The theoretical distinction between the crime of robbery and the crime of extortion is relatively clear. There are two main substantive differences between the two:

First, the main form of robbery is to commit violence. It is a violent crime. Even if it is a threat, it is a threat of violence that is fulfilled on the spot. The violence of robbery is directed against the victim.

The main form of extortion is coercion, including threats to commit violence against the victim or his relatives and friends, reveal privacy, destroy property, etc., forcing the victim to pay money out of concern for possible personal and property damage.

The second point is that the crime of robbery involves committing violence and obtaining property on the spot. Simply put, it must comply with the "two situations", that is, committing violence on the spot and obtaining property on the spot.

If the crime of extortion is to extort money through the implementation of heavier violence, the violence and the taking of money cannot both be on the spot. If property is obtained on the spot, it cannot be violence on the spot, but a threat of violence in the future, otherwise it is robbery. If violence is committed on the spot, the act of taking money is usually done later, otherwise it is also robbery.

In this case, during the crime process, Sha Shengcai and others threatened the victim with singing, and carried out the behavior of surrounding and beating multiple people. On the surface, it seemed to be in line with the constitutive characteristics of the crime of extortion. However, considering the circumstances of the crime and the Analysis of the victim's reaction and other factors revealed that the violent methods used by Sha Shengcai and others had caused personal injury to the victim on the spot - minor injuries.

The victim was surrounded by many people in a relatively closed space and was unable to escape. Whenever he resisted or failed to cooperate, he was beaten. His personal safety and freedom of movement were seriously violated, and he was in real danger.

The victim is objectively in a state of being unable to resist, and subjectively is in a psychological disadvantage of having to comply. In this case, the victim had no choice but to swipe his card to pay for the consumption, and immediately called the police after getting away.

It can be seen that the victim was forced to hand over money mainly to escape and avoid being in danger, not because he was afraid of being reported.

Therefore, the behavior of Sha Shengcai and others in this case constituted violence on the spot and obtained money on the spot, which conformed to the characteristics of robbery and constituted the crime of robbery. "Cao Yongzheng explained.

"Well, Lawyer Cao is still experienced. Boss Fang has always said that lawyers are made by doing, not by studying. If you want to gain experience, you have to handle cases in a down-to-earth manner, understand the cases thoroughly, and draw inferences from one case to another.

This time I finally understand why. Not only do I need to know what is happening, but I also need to know why.

When lawyer Xie assigned the case to me, he said it was a small case and very simple. It seems that small cases are not simple either. "Yun Qiao blinked his big eyes and felt a little worried.

"There are no small cases, only small lawyers." Yu Wendong answered.

"Oops! Comrade Yuwen, how about we continue to talk about the story of 'that kind of place'." Yun Qiao said with a smirk on his face. Baby, I can't cure you yet.

"Uh... Sister Yun, let's talk about what to eat for lunch." Yu Wendong smiled awkwardly. He really didn't mean what he said just now, he just said it out of emotion.

…

Today, Qu Hongguo, a colleague of Du Yong's daughter-in-law, invited Du Yong to dinner and wanted to consult on some legal issues. Du Yong originally didn't want to go and wanted to make an appointment with the other party at the law firm for an interview, but Du Yong's wife said that the other party didn't want to cause trouble and wanted to meet in private. There was no other way. Since the other party didn't want to go to the law firm, and his wife had promised him a meal, Du Yong could only keep the appointment.

Qu Hongguo is a fat, white man who always smiles. According to Du Yong's wife, he is very popular in the company and is the leader of the technology department.

After drinking more than half of a bottle of Fenjiu, Qu Hongguo and Du Yong became quite familiar with each other.

"Lawyer Du, what I want to consult with you is about my brother-in-law." Qu Hongguo took out a flower stick and handed it to Du Yong, lighting it for him.

Du Yong did not answer, waiting for his next words.

"In August 1997, my brother-in-law Zheng Zhao was eating in a restaurant with his brother Bian Zhenxiang. There was a man at the next table who drank too much and went crazy. He said that Bian Zhenxiang looked at him and said to them The two cursed.

Bian Zhenxiang got angry when he was scolded, so he rushed over and slammed his knee into the opponent's crotch, and then punched the opponent in the chest. After the opponent was kneed and punched again, he fell to the ground in pain. .

After the other party fell to the ground, my brother-in-law Zheng Zhao kicked him again in the body. Seeing the other person lying on the ground hunched over like a prawn, the hotel called the emergency number and called the police. No one expected that the other person died within an hour after being sent to the hospital.

According to forensic identification, the other party was drunk and had mild myocarditis, and external force acted on sensitive parts such as the chest and abdomen, causing the vagus nerve to reflexively suppress cardiac arrest and cause death.

Later, the police came and took the two of them back to the police station. When they learned that the other party was dead, the two were dumbfounded. If you ask me, these two people are just the same! "Qu Hongguo sighed.

"Have they been sentenced?" Du Yong asked after hearing this.

"No, there was an accident.

At that time, the Procuratorate filed a public prosecution against the defendant Bian Zhenxiang in the court for committing intentional injury. During the trial of this case, no one expected that Bian Zhenxiang, who seemed to be in strong health, passed away due to illness, and the court had to rule to terminate the trial.

At that time, the police asked my brother-in-law Zheng Zhao to learn about the case and then released him. The case was never filed. My brother-in-law continued to work. More than ten years later, we all thought everything was fine.

In the middle of this year, the district branch suddenly launched an investigation into my brother-in-law Zheng Zhao, charging him with intentional injury. The case was later sent to the district court.

I just don’t understand. This case has been going on for more than ten years. Why was it only filed this year? The procuratorate sent the case to court.

I had previously consulted our company's legal counsel, and he said that my brother-in-law's case was fine. It has been more than fifteen years since the incident, and the statute of limitations has expired. The court will no longer pursue my brother-in-law's criminal liability.

But I've been thinking about it. I heard that you specialize in criminal cases, so I wanted to ask you whether my brother-in-law will be sentenced. "After Qu Hongguo finished speaking, he looked at Du Yong.

"Well, that's not necessarily the case." Du Yong thought for a moment and asked, "How many years have it been since the incident took place until the police filed the case?"

"Less than twenty years, almost nineteen years and ten months." Qu Hongguo replied.

“According to Article 87 of the Criminal Law, crimes will no longer be prosecuted after a certain period of time:

(1) If the statutory maximum penalty is fixed-term imprisonment of less than five years, five years have passed;

(2) If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, ten years have elapsed;

(3) If the statutory maximum penalty is fixed-term imprisonment of more than ten years, fifteen years have passed;

(4) Twenty years have elapsed if the statutory maximum penalty is life imprisonment or death. If it is deemed necessary to pursue prosecution after twenty years, it must be reported to the Supreme People's Procuratorate for approval.

But the case of your brother-in-law Zheng Zhao happened at the time when the new Criminal Law and the old Criminal Law were alternating, so there was some trouble in determining the maximum penalty. "Du Yong thought for a while and said.

"What do you mean? Is my brother-in-law's case more troublesome?" Qu Hongguo looked confused.