Chapter 553: Insulting Women VS Insulting
Zheng Shaoming knew that he couldn't live this life, so he entrusted his parents' house book, car keys and 300,000 cash passbooks to the Zheng family, and left the house by himself.
"You're divorced?" Fang Yi asked.
"No, he sued the court, and his lawyer came to see me and told him all his requirements, not a penny, just a divorce." Wu Shanshan said, her eyes were a little lonely: "Lawyer Fang, will I be sentenced?" ”
"Now I think you may have committed a crime, but I think the crime determined by the police is wrong. If the circumstances are not serious, you may be sentenced to up to three years in prison or criminal detention. Fang Yi said.
"I didn't do anything, is it illegal to catch rape in my own home?" Wu Shanshan asked puzzled.
"Catching rape in one's own home without causing harm to the other party generally does not constitute a crime. But if you let the other person lie naked on the ground in full view of everyone, it may constitute an insult. However, your circumstances are not particularly serious, and you should not be punished severely. Fang Yi explained.
After hearing this, Wu Shanshan nodded, she didn't understand the law, but after thinking about it, she tied up the other party and threw it on the ground for the neighbors to watch, which seemed a little inappropriate.
"In fact, there are many ways to catch rape, and it doesn't necessarily have to be a violation of the criminal law, such as ......, of course it's right for you to take pictures after you enter the door, but ......, forget it, do you have anything you want me to tell your parents?" Fang Yi asked.
"Nope." Wu Shanshan lowered her head and said.
"Don't worry too much about your heart, let's solve the problem if there is a problem, your case has a reason, I believe that the judge will also consider the immoral behavior of your husband and the victim when sentencing." Fang Yigui persuaded.
Wu Shanshan didn't speak, with tears in her eyes, and nodded vigorously. Fang Yi's words made her feel a lot more at ease.
The next day, at half past nine in the morning, Wu Guodong came to Wanhua United Law Firm again.
Seeing Fang Yi and Zhou Ying walk into the conference room, Wu Guodong got up and asked, "Lawyer Fang, how is it?" ”
"We went to read the file and also met with your daughter, I personally think that your daughter has indeed committed a crime, but I think there is a problem with the charges determined by the procuratorate and the public security organs.
The police and the procuratorate believe that your daughter has committed the crime of illegal detention, but I believe that your daughter does not constitute the crime of illegal detention, but constitutes the crime of insult. Fang Yi said.
"These two crimes, if they are sentenced, which one is heavier?" Wu Guodong thought for a moment and asked. For him, the crime is not important, what matters is how long his daughter will squat in it.
"Your daughter, Wu Shanshan, may be sentenced to up to three years in prison." Fang Yi said.
"Lawyer Fang, let me consult you again, which is a felony between the crime of insulting women and the crime of insulting?" Wu Guodong asked suddenly.
He had consulted three lawyers before, and two of them agreed with the public security organs that Wu Shanshan had committed the crime of illegal detention and that there were insulting circumstances, and that he would be punished heavily. Another lawyer believes that Wu Shanshan constitutes the crime of insulting women, not the crime of illegal detention, and now Fang Yi tells him that it constitutes the crime of insult, and Wu Guodong is completely blindfolded!
As soon as Fang Yi heard it, he knew that Wu Guodong must have listened to other lawyers talk about the crime of insulting women, otherwise how could a non-legal person think of consulting this question.
"The two charges sound similar, but the sentencing is very different. where the crime of insult is committed, and the circumstances are serious, the sentence is up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights; Whoever commits the crime of insulting a woman shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Fang Yi explained.
"Oh! In other words, the crime of insulting women is more serious than the crime of insulting, right? Wu Guodong said.
"That's right." Fang Yi nodded.
"So what's the difference between the two charges? Is it a specific insult to women, and one can insult anyone? I don't know if I understand correctly? This is what Wu Guodong heard from other lawyers, and he wants to confirm to Fang Yi that he is right or wrong.
"Well, not exactly. If it were that simple, our country would not have to set up a separate crime of insulting women. Let me tell you the origin of the crime of insulting women, and you will understand.
The offence of insulting women is separated from the offence of hooliganism under the 1979 Penal Code. Therefore, the meaning of 'insult' in the crime of insulting women is not the same as the meaning of 'insult' in the crime of insult.
Because the crime of insulting a woman is derived from the crime of hooliganism, the 'insult' here mainly refers to the act of molesting a woman with obscene behavior or words in order to obtain X stimulation.
Therefore, the main difference between the two crimes is that the crime of insulting women is caused by the mental emptiness of the perpetrator and leads to a perversion of the mind, with the main purpose of seeking X stimulation or perverted X satisfaction. The crime of insult is mainly an illegal act taken by the perpetrator for the purpose of derogating the reputation of others based on motives such as venting anger and revenge.
In addition to the main differences mentioned above, one of the differences you just mentioned is that the crime of insulting women can only be committed against girls and women over the age of 14 and adult women, while the object of the crime of insult is not limited by gender or age.
In addition, the offence of insult must be based on the blatant commission of the insult, which may be present or non-present. I'll give you an example, this is like a rural shrew scolding, whether she is standing on the street or scolding behind her back, she must let others know in order to ruin the reputation of the other party, if she hides at home and scolds quietly, others don't know, it does not constitute the crime of insult.
The crime of insulting a woman, on the other hand, may be committed either openly or in a non-blatant manner, but it must be committed on the spot against the insulted woman. This is like a second-rate person playing hooligan on the street, which can be done in public or secretly, but it must be committed on the spot to be considered an insult to a woman.
I have read your daughter's case file, and I have also asked your daughter, your daughter Wu Shanshan is mainly because her husband cheated, which led to her taking radical behaviors, and all of this is based on the motives of venting anger and revenge, with the purpose of degrading the reputation of the other party, not out of perverted psychology such as mental emptiness, and the main motive is to seek X stimulation or perverted X satisfaction.
So, I think your daughter's case should be convicted of insult. Fang Yi explained.
"I understand, the crime of insulting women does not belong to the category of hooliganism, and the crime of insult belongs to the category of slandering the reputation of others, can it be understood in this way?" Wu Guodong said.
"Almost." Fang Yi understands that for non-legal people like Wu Guodong, it is useless to talk too much, and it is enough for him to understand to this extent.
"Lawyer Fang, if you defend my daughter, how much will the lawyer cost?" Wu Guodong felt that the middle-aged male lawyer in front of him was more professional than the lawyer he had met before, and there was no obstacle to communication.
(End of chapter)