Chapter 741 What did he think!

Author: Snow Yinghong Plum

Chapter 741 What did he think!

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

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

The defendant Tian Lijie came to the city to find a job at the beginning of the year because he only had a high school education and had many interviews and failed repeatedly. Later, he saw a small advertisement for applying for a fake certificate on the telephone pole, so he called the other party and prepared to make a college diploma. The person who obtained a fake certificate for him was a woman named Geng Wenlan.

Later, Tian Lijie took the college diploma to interview, but the company hired a bachelor's degree. So Tian Lijie called Geng Wenlan again to ask for a fake certificate. Geng Wenlan suggested that he get it in one step and get a graduate degree certificate. Tian Lijie thought it would be 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 fee for applying for the certificate this time was much higher than before, so he asked about the reason. Geng Wenlan told him that the graduate certificate includes academic certificate and degree certificate, which are two certificates, and the college certificate is one certificate, so the cost is much different.

Tian Lijie felt that the other party was cheating him of money, only his academic qualifications and no degree certificates. However, Geng Wenlan refused. The two had a dispute over the price of making fake diplomas. The more they quarreled, the more intense the two became. Tian Lijie had a bad temper and directly picked up the arm lever for fitness in the house and slammed the other party's head continuously. The two fought together.

During the fight, Tian Lijie picked up a fruit knife on the table and stabbed the other person in the head and chest, causing the victim Geng Wenlan to die on the spot. After that, Tian Lijie was afraid of the exposure of his crime. In order to evade legal sanctions, he dismembered the victim's body with a hacksaw, kitchen knives and other tools in the bathroom of the rental house, and put the body in a woven bag. He dragged the stones out of his residence in the middle of the night and buried it in the ground not far from the community.

Not long after, the defendant Tian Lijie sent a message to the victim's husband on his mobile phone, extorting RMB 200,000 from him on the grounds that Geng Wenlan had been kidnapped.

After that, Geng Wenlan's husband reported the case. The police found Tian Lijie based on clues about Geng Wenlan's fake certificate and found blood at his residence.

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

After that, the procuratorate filed a public prosecution with the Intermediate Court for the defendant Tian Lijie's crime of intentional homicide and extortion.

"The above is the relevant situation of the case. The procuratorate accused the defendant of intentional homicide. I do not object to this crime, but I am a little uncertain whether the crime of extortion accused by the procuratorate is valid.

I think that after killing the victim, the defendant fabricated the fact that the victim was kidnapped and asked for money should constitute the crime of fraud." After Du Yong said that, he looked at everyone in the house.

"Tell me what you think. Wu Qinghui, come first. Don't be afraid of saying something wrong. You must express your opinions boldly." Fang Yi encouraged.

"I think it's too harmful to make fake certificates. On the other hand, this is also a high-risk industry. It's not worth it for hundreds of dollars." Wu Qinghui said shamelessly.

After listening to this, Zhou Ying held his forehead and thought to himself that Mr. Wu’s way of thinking is really extraordinary. What did he think!

"Then what, Yun Qiao, tell me." Fang Yi directly thought Wu Qinghui did not exist.

"I think that the defendant extorted money from the victim's husband in the name of kidnapping the victim, which constituted the crime of kidnapping. It should not constitute the crime of extortion." Yun Qiao said with confidence.

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

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

"Tell me the reason." Fang Yi smiled.

"First of all, the defendant had a dispute and murder because he did not negotiate the price with the victim because he applied for a fake certificate. The defendant's purpose of killing was not to kidnap.

Secondly, after the victim died, the defendant Tian Lijie intended to ask for money from the victim's relatives on the grounds that the victim was kidnapped, which did not meet the conditions for the crime of kidnapping. It was an intention afterwards and should constitute the crime of extortion." Zhou Ying said.

"I think there is no problem with the charges of the procuratorate in this case, and the defendant's criminal methods are cruel, the circumstances are particularly serious, and the social harm is extremely serious. Without a statutory lenient circumstances, he is very likely to be sentenced to death. Let me tell you what I think.

After the defendant Tian Lijie killed the victim, he extorted money from the victim's relatives in the name of kidnapping the victim.

The crime of kidnapping refers to the act of kidnapping others with the purpose of extorting property or taking hostages.

In this case, the defendant Tian Lijie had never committed a kidnapping that caused the victim to lose his personal freedom, nor had he restricted the victim's personal freedom.

The defendant had a dispute with the victim for the price of obtaining a fake certificate and killed the victim. It was obvious that his behavior constituted intentional homicide.

After the victim died, the defendant made a temporary intention to ask for money in the name of kidnapping, but in fact the defendant had no object of kidnapping, and without being kidnapping, it could not constitute the crime of kidnapping.

Therefore, after intentional homicide, the defendant Tian Lijie in this case, extortion of money does not constitute the crime of kidnapping." Fang Yi looked at everyone after saying that.

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

"In addition, in this case, the defendant had subjective intention to illegal possession, which was subjectively in line with the constituent elements of the crime of fraud and extortion.

The crime of fraud refers to the act of defrauding public and private property with a large amount of for illegal possession and using the method of fabricating facts or concealing the truth.

In this case, the defendant Tian Lijie asked for money from the victim's family in the name of kidnapping. In the case of information asymmetry at the time, the victim's family was very likely to believe the fact that the victim was kidnapped by the defendant, but they would never "voluntarily" hand over the money to the defendant because they fell into a wrong understanding. Even if they hand over the money to the defendant, it was because they were coerced and forced to do it. It was not because they were deceived and took the initiative to hand over the money. Therefore, I believe that the defendant's behavior does not constitute the crime of fraud.

The crime of extortion is the act of threatening or threatening the victim for the purpose of illegal possession and forcibly demanding a large amount of public and private property.

The criminal means are to threaten or threaten the victim, that is, to impose mental coercion on the owners and custodians of public and private property, causing them to be psychologically afraid and dare not refuse to request the property.

In this case, after the defendant Tian Lijie killed the victim at his residence, he also informed the victim via his mobile phone that the victim had been kidnapped and asked for money, and told him that he could not report the case, otherwise he would tear up the votes.

The victim's husband was worried about the safety of the victim and was seriously forced by mental coercion. The defendant Tian Lijie fabricated the facts of kidnapping and coerced the victim's husband with the intention of extorting money. Therefore, the defendant's behavior met the constituent elements of the crime of extortion." Fang Yi explained.
Chapter completed!