"Criminal law?"

Looking at the book that Ye Xiangyang took out, Tian Yun didn't react a little, and wondered: "This doesn't seem to be able to control them, right?" ”

Because of the theft, she called the police several times, but each time it was only a warning and criticism education, as well as a fine that was barely implemented.

Especially after witnessing the same punishment result today, Tian Yun was already a little disappointed.

As the police said, although those old people stole it, the amount of theft did not meet the standard of criminal punishment at all, and because of their age, they could only be warned and fined.

However, such a punishment is useless at all, and there is no deterrent effect at all for those old people who form groups to steal melons.

Even when they were caught in the afternoon, they continued to steal pumpkins in front of her, not taking her as the owner in their eyes at all.

If it weren't for the people from the village committee who arrived in time to stop it, and she called the police in advance, I'm afraid there would be no way to deal with those people.

What can I do?

It's not good to scold, and I don't dare to fight.

Kind-hearted persuasion, even begging each other, people are indifferent.

Tian Yun regretted that he resigned and came here to build a planting base.

It's just that she spent so much money in half a year, and now she hasn't even paid back a tenth of the cost, even if she wants to get out, she can't get out of it.

Almost all of my net worth is in it.

"Sister Yun, this may involve the crime of robbery, or even robbery."

Knowing that before his arrival, those old people actually robbed in person, Ye Xiangyang was also very surprised.

Punishment!

"Robbery? Robbery? ”

Tian Yun was stunned.

"Yes, robbery and robbery are actually very close, and sometimes they can be converted to each other, but robbery is a little heavier."

In the past few days, I happened to have read these contents in this criminal law handout, so Ye Xiangyang still had some understanding of these two crimes, turned the page to Tian Yun, and explained:

"Article 267 of the Criminal Law stipulates that whoever robs public or private property, and the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Those who carry a murder weapon to snatch it are to be convicted and punished in accordance with the provisions of article 263 of this Law.

However, the crime of snatching is a crime of monetary amount, and the perpetrator must meet the standard of "relatively large amount" when the perpetrator robs public or private property, or robs it multiple times, before the crime of robbery is constituted and is to be immediately investigated. ”

"This amount may still be a little unattainable."

Seeing that the stipulation in the book on the large amount was that the amount was more than 1,000 to 3,000, Tian Yun was a little helpless.

"That's fine, look at this."

Taking the book from Tian Yun's hand, Ye Xiangyang turned a few pages, then handed it to her again, and said, "Look at this Article 263, about the crime of robbery.

The criterion for the crime of robbery is that the perpetrator committed the act of robbing public or private property on the spot by violence, coercion or other means. The crime of robbery is an act offender, and the Criminal Law has no restrictions on the amount or circumstances that constitute the crime of robbery, and no matter whether or not money is robbed, and regardless of the amount of money or property actually robbed, in principle, it constitutes the crime of robbery, and the public security organs shall immediately investigate. ”

"This ......"

Looking at the above legal provisions on the crime of robbery, Tian Yun found that as Ye Xiangyang just said, once it is constituted, the punishment and sentencing will be heavier than the crime of robbery just now, and the minimum will start at three years.

"If you think about it, did those people use violence or coercion against you at that time, so that you couldn't, or didn't dare to come forward and stop you."

"There was no violence, but they threatened us at the time, if we went up to stop them, didn't let them pick pumpkins, they just lay on the ground and held us responsible, and ......"

"It's very practicing!"

"Is this a robbery?"

"All right."

Ye Xiangyang couldn't help but smile.

This one doesn't work, and that one, there's always one for you.

But Tian Yun is a little incredible.

Because the behavior of those people is obviously a little different from the kind of robbery she perceives.

But to be honest, the practices of these old people are actually no different from robbery.

It's just that unless there is some knowledge of criminal law, few people think about it, and it is the kind that constitutes a crime.

Don't look at Tian Yun graduated from Jiangcheng University, after all, she is not a law-related major, and she usually has little contact with this aspect, even if she knows some legal knowledge, there are many blind spots.

is like about the crime of robbery and robbery, if Ye Xiangyang hadn't specifically explained it to her, she would still be half-understood.

"But even then, there's nothing you can do about them, right? Even if you call the police, it is still the same as in the afternoon, directly criticizing education, which makes no sense. ”

Thinking of the results of several consecutive alarms before, Tian Yun was also depressed.

What if those people did sin?

People have "talismans"!

"Sister Yun, what do you want!"

Hearing Tian Yun's words that he was so ambitious to destroy his prestige, Ye Xiangyang was a little helpless, "If it is really determined that those people constitute the crime of robbery, then the public security organs will definitely take action, and none of them will be able to run away at that time." ”

"Didn't you say that seventy-year-olds can't be detained? Even if a detention penalty is imposed, it will not be enforced. ”

Tian Yun was stunned.

Just now, Ye Xiangyang himself also moved out the specific relevant regulations on this.

"The one I'm talking about is administrative detention, and once a criminal case is filed, then these people will face criminal detention."

"Heaven Descends"

Regarding this point, many people who do not fully understand it are easy to misunderstand, and Ye Xiangyang had to clarify: "China's law does not stipulate the age at which criminal detention cannot be made. Moreover, according to Article 17 of the Criminal Law, if a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted; Where crimes of negligence are committed, the punishment shall be mitigated or commuted.

Mitigating and mitigating punishment does not mean exemption from punishment, and it is necessary to be at least 75 years old.

Sister Yun can flip to the front and see for herself. ”

Being reminded like this, Tian Yun hurriedly turned to the seventeenth article in front, and sure enough, he saw what Ye Xiangyang said.

Really......

She'd been mistaken all along.

It turned out that she had called the police so many times before, and those old people had not received any substantive punishment, just because the situation at that time did not meet the standards of criminal prosecution.

"Those old people think that they are old enough to be unscrupulous, but in fact they have made mistakes and also need to bear legal responsibility for their actions, and they are ......"

Ye Xiangyang shook his head and couldn't help but joke: "Those old people before, although they are all over seventy, there should be many of them who are less than seventy-five, right?" ”