Seeing that Cao Wenxue did not share the money, the defendant Gao Qiyuan became suspicious, and then he asked for it many times, but then he did not win.

Gao Qiyuan was furious, so he planned to tie up his old partner and ask for money. After that, he carried daggers, chili pepper water, electric shock rods and other tools to the community where Cao Wenxue was hiding, and prepared to tie up Cao Wenxue and take him to a remote warehouse rented in the suburbs in advance, where he was detained to "collect debts" and ask for the 2.5 million yuan that belonged to him.

After squatting for a few days, Gao Qiyuan finally saw Cao Wenxue who came back with roast chicken and humming a small song, the latter saw Gao Qiyuan squatting at the door of the building and smoking, his heart was shocked, and he just wanted to speak, but he saw Gao Qiyuan walking towards him with a fierce light in his eyes, he was immediately shocked, ran to the security guard at the gate and shouted for help. His cries for help alarmed the residents and security guards in the community, and after Gao Qiyuan kicked him, he had to flee when he saw that the matter was revealed.

Cao Wenxue knew what kind of person Gao Qiyuan was, and once he recognized something, he would definitely do it to the end, and Cao Wenxue couldn't stop worrying all day after that.

In the end, he thought of "borrowing a knife to kill people", and wanted to use the hands of the police to kill Gao Qiyuan in order to solve his urgent need. The reason why Cao Wenxue dared to do this was because he believed that even if Gao Qiyuan was caught, he would not tell about the kidnapping, because the two of them were grasshoppers on the same rope.

He then reported to the police that someone was going to kidnap him. The kidnapping was a big case, so the police locked Gao Qiyuan according to the surveillance and began to investigate.

At this time, Gao Qiyuan's life was not easy, he had a vote before, but the money was taken by Cao Wenxue, and the money in his hand was not even enough for next month's rent. Just when he was borrowing alcohol to kill his worries and thinking about how to settle accounts with Cao Wenxue, the police broke into the rental house and arrested him in one fell swoop.

Gao Qiyuan would never have dreamed that it was Cao Wenxue's case, he thought that the previous kidnapping case in the Northeast had happened, so he kept silent after being arrested. Later, the police asked and asked, and Gao Qiyuan heard the door, and the emotional police were not looking for him for the kidnapping case in the Northeast, but for Cao Wenxue's business. He couldn't wait to dismantle Cao Wenxue.

Just when the Beijing police were about to transfer the case to the procuratorate, the Northeast police sent a letter of assistance, and the Beijing police immediately laughed out of the "goose" when they saw it, but they didn't expect that the suspect Gao Qiyuan and the victim Cao Wenxue, who had just cracked the kidnapping case, were actually kidnappers. It's really hard to find a place to break through the iron shoes, and it takes no effort to get it.

After the procuratorate examined and prosecuted, the defendant Gao Qiyuan was finally prosecuted to the district court for the crime of illegal detention.

Although Gao Qiyuan is inconspicuous, he has an elder brother who holds real power in a large group company and has a certain influence, although the relationship between the two brothers has not been good, but they are brothers after all. So Gao Qiyuan's brother handed over his brother's case to Zhou Shen.

"Okay, that's the case, everyone has read the case file before, now talk about your thoughts, express your opinions, how we defend this case is in the best interest of the parties." Zhou Shen said.

"Lawyer Zhou, lawyer Fang, let me first talk about my views and throw bricks and stones. The victim, Cao Wenxue, reported that Gao Qiyuan wanted to kidnap him, but the procuratorate determined that Gao Qiyuan had committed the crime of illegal detention.

According to the evidence on record, Gao Qiyuan did not actually carry out the act of detention, and even the act of seizure was not completed, so it does not meet the standard for prosecution of the crime of illegal detention. So I propose to do a not guilty plea. Lawyer Wang said.

"I agree to defend Gao Qiyuan's innocence, but my reasons are different from those of lawyer Wang.

In my opinion, what the defendant Gao Qiyuan demanded from Cao Wenxue was not a legal debt, but a ransom obtained by the two of them from kidnapping others. Because the duo's previous actions had already violated the Criminal Code, the ransom could not be considered a debt.

According to the provisions of the "Interpretation of the Supreme People's Court on the Issue of How to Convict the Illegal Detention of Others for Debts Not Protected by Law", where the perpetrator illegally seizes or detains others for the purpose of collecting debts that are not protected by law, such as usury or gambling debts, it shall also be punished as illegal detention and cannot be characterized as the crime of kidnapping.

However, in the above interpretation, the term "debts not protected by law" refers to debts equivalent to usury and gambling debts, and should not include so-called debts arising from the uneven distribution of spoils due to violations of criminal law.

In addition, according to the principle that the claimant bears the burden of proof, when the victim Cao Wenxue denied that there was a debt between the two parties, Gao Qiyuan could not provide evidence to prove that there was indeed an agreement or a debt between the two parties, so it should not be determined that there was a debt between the two and should not constitute the crime of illegal detention. Lawyer Zhao, who had gray hair, said with a serious face.

"Lawyer Sun, what do you think?" Zhou Shen asked. Mr. Sun is the youngest and most junior criminal lawyer in his team, and he is one of those who are soft-spoken, but he doesn't think so.

"I have checked and found that the crime of illegal detention currently only has the standard for filing a case involving crimes abusing public office, and there is no standard for prosecution for ordinary criminal cases.

With reference to the provisions of the Provisions on the Standards for Filing Cases Directly Accepted by the People's Procuratorate for Filing and Investigation (for Trial Implementation) (effective as of September 16, 1999), a case shall be filed if a staff member of a state organ is suspected of abusing his authority to illegally detain him in any of the following circumstances:

1. The duration of illegal detention exceeds 24 hours;

2. Illegally detaining others three or more times, or illegally detaining three or more people at a time;

3. Illegally detaining others, and committing acts such as binding, beating, or insulting;

4. Illegal detention, resulting in disability, death, or mental disorder;

5. Illegally seizing or detaining others for the purpose of collecting debts, in any of the above circumstances;

6. Judicial personnel illegally detain a person who they know to be innocent.

The evidence in the case shows that the defendant Gao Qiyuan intended to use detention to demand criminal proceeds, that is, stolen money, and judging from his motives and preliminary preparations, it meets the above requirements and should be characterized as the crime of illegal detention, as follows:

1. The evidence in the case shows that Gao Qiyuan planned to use the means of binding to kidnap Cao Wenxue and detain him in a geographically remote warehouse that had been prepared, and demanded stolen money, and his conduct met the requirements of "using binding methods".

2. Gao Qiyuan had chosen a place of detention in advance and was prepared to imprison Cao Wenxue until the other party paid the money, and had the criminal intent to limit Cao Wenxue to more than 24 hours.

III. Gao Qiyuan prepared knives, stun sticks, chili water, and other tools for committing the crime, and had the intent to carry out the assault, meeting the requirements of "assault" and other requirements.

Therefore, I think this case should be handled as the crime of illegal detention. Lawyer Sun said.

Zhou Shen looked at Fang Yi, and the message was conveyed in his eyes: You see I'm right, three people have three opinions, everyone is reasonable, and no one can refute the other party, three-legged!

(End of chapter)