Chapter 669: Not killing is not enough to calm public anger!

Author: Snow Yinghong Plum

Chapter 669: Not killing is not enough to calm public anger!

After hearing this, Zhou Ying and Yun Qiao nodded silently, expressing their agreement with Fang Yi. Wu Qinghui nodded as if he understood or didn't understand, and counted.

"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 grounds of working and serving, and then killed him, and put his body into the west wing to burn it, thus causing the false image of Zhu Yongqiu being accidentally burned to death.

After Zhu Yongqiu and Qi Chunli jointly killed Li Yu (the second fool), Zhu Yongqiu fled to hide, while Qi Chunli came forward to report a fake case to the public security organs to deceive the public security organs into proof of accidental burning death involving Zhu Yongqiu in order to defraud insurance companies.

Judging from the above situation, the act of Zhu Yongqiu and Qi Chunli killing Li Yu (the second fool) together constituted intentional homicide. After that, the two burned Li Yu (the second fool)'s body and created the false appearance that Zhu Yongqiu was burned to death by accident. This was to carry out the conditions for the creation of insurance fraud and make preparations, and it can also be regarded as a preparatory act of insurance fraud.

In summary, although the ultimate purpose of the defendant Zhu Yongqiu's murder was to defraud insurance money, the two criminal acts that have been committed will be a complete act no matter which one is taken out alone.

According to the principle of prohibiting repeated evaluation, when courts approve, they can only choose to convict one crime, but cannot convict the same act, and also convict the crime of insurance fraud (preparation) or intentional homicide, and also convict the crime of insurance fraud (preparation).

Therefore, it is correct for the Intermediate Court to convict and punish Zhu Yongqiu for two serious crimes of robbery and intentional homicide. However, the behavior of the defendant Qi Chunli can only be convicted of intentional homicide." Fang Yi looked at the three and then explained.

"Master, let me ask more, why the behavior of the defendant in this case is a preparation for insurance fraud, not an attempted insurance fraud? Haven't the second defendant already started to commit insurance fraud?" Yun Qiao looked at Fang Yi in confusion.

"Is insurance fraud prepared or attempted? I think the key is to see whether the perpetrator has 'started' to commit insurance fraud.

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

Regarding the above situation, there are two views in the theoretical community: one is that when the perpetrator starts to fabricate false insurance accidents, it is "starting"; the other is that when the perpetrator starts to apply for insurance payments from the insurer, it is "starting". In judicial practice, the court tends to the latter view. I also think the latter view is more reasonable.

The object violated by the crime of insurance fraud is a dual object, that is, it includes the property ownership of the insurance company and the state's insurance system.

Only when the perpetrator applies for compensation from the insurance company for fictitious insurance accidents can the above-mentioned objects protected by the crime of insurance fraud be posed.

After the perpetrator created false information, but before he could apply for compensation from the insurance company, I think the perpetrator was essentially preparing for insurance fraud, and there was no question about the crime of insurance fraud.

This case is the case, so the behavior of the defendants Zhu Yongqiu and Qi Chunli is an insurance fraud preparation and is not an attempted one." Fang Yi explained.

"Oh, if you say that, in this case, only when the defendant applies for insurance money from the insurance company is considered to be a crime. The previous actions are all crime preparations." Zhou Ying looked at everyone after typing and said.

"Well, this is a point. Before starting, there is preparation, but after starting, there can only be a division between completion and attempted. The preparatory and completion of crime, the sentencing of attempted crime is much different. It is related to whether the defendant has been squatting in it for more than ten years, or whether it constitutes a crime but does not punish it." Fang Yi said with a serious face.

"It seems that the possibility of a change in the case being appealed is almost zero." Zhou Ying said helplessly.

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

"How is that possible! Zhu Yongqiu asked his wife to trick people into it, and he killed people. This is a typical joint crime, and both of them constituted murder.

I just said that it was purely from a professional perspective. This case was uploaded very quickly on the Internet. In fact, for the defendant, the crime of one more insurance fraud or one less insurance fraud is the same. In the end, the defendants in this case will definitely be sentenced to death. Not killing is not enough to calm public anger!” Zhou Ying explained.

"In fact, according to the provisions of Article 198, paragraph 2 of the Criminal Law, if the insured and beneficiary intentionally cause the death of the insured and defraud the insurance money, and constitute other crimes, they shall be punished with multiple crimes.

When I was studying for a doctorate, I came into contact with a case where the beneficiary of the life insurance policy intentionally killed the insured and defrauded the insurance money. Later, the Intermediate Court imposed multiple crimes on the crimes of insurance fraud and intentional homicide.

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

Zhu Yongqiu and Qi Chunli killed Li Yu and burned the corpse and the house, just to create a false image of the insured being burned to death in order to fabricate a false insurance accident to defraud insurance money.

Of course, this is just my personal opinion. The legal terms themselves cannot take care of all aspects. In addition, the personal understanding is different, so there will inevitably be different opinions." Fang Yi continued to explain.

Although Zhou Ying was a little unsure about the characterization of the case, his judgment on the general direction of the case was accurate. This does not mean how strong Zhou Ying's professional ability is, but because the second defendant committed public anger and did not have a legal case to reduce the punishment, it is difficult to die.

After trial, the Provincial High Court held that the facts determined by the original trial were clear, the evidence was true and sufficient, and the appeals raised by the appellants Zhu Yongqiu and Qi Chunli about Qi Chunli not participating in the killing of the victim Li Yu were not valid. The final rule was to reject the appeal and uphold the original judgment.

After that, the Provincial High Court submitted the case to the Supreme Court for approval in accordance with the law. Soon after, the Supreme Court completed the death penalty review, and Zhu Yongqiu and Qi Chunli were executed. Of course, this is all a story.

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

During this period, Fang Yi was busy and could not 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, which was specifically responsible for picking up and dropping off Xiaozhi.
Chapter completed!