After Qi Chunli howled, she reported to the public security organ and lied that the deceased in the west wing was her husband Zhu Yongqiu, thinking that after defrauding the public security organ's death certificate, she would then defraud the insurance company to obtain the insurance money.

After on-site investigation and autopsy, the public security organs found that the case was a bit strange, the deceased had no soot in his respiratory tract, and he should have died before the fire, and the deceased was not burned to death, and then DNA comparison was carried out, and it was found that the deceased was not Zhu Yongqiu at all.

The public security organs immediately summoned Qi Chunli, and in front of a large amount of evidence, Qi Chunli finally told her that she and her husband had conspired to defraud the insurance money, but did not confess that her husband had killed Huang Zhanhong.

Subsequently, the public security organs arrested Zhu Yongqiu in other provinces and found Huang Zhanhong's body. According to the forensic examination, Huang Zhanhong died after being hit on the head with a blunt object, resulting in a comminuted fracture of the skull and severe brain injury.

According to the forensic technical evaluation, the second fool was killed by mechanical suffocation caused by others covering his mouth and nose with soft objects and pressing his neck.

Subsequently, the public security organs transferred the case to the procuratorate, and the procuratorate filed a public prosecution with the Municipal Intermediate People's Court for the crimes of intentional homicide and insurance fraud committed by the defendants Zhu Yongqiu and Qi Chunli.

After trial, the Municipal Intermediate People's Court held that: the defendant Zhu Yongqiu killed Huang Zhanhong to rob property in order to buy life insurance, and jointly conspired with the defendant Qi Chunli to kill Li Yu (the name of the two fools) in order to defraud the insurance money, and his conduct constituted the crimes of robbery and intentional homicide respectively; In order to help Zhu Yongqiu defraud the insurance money, the defendant Qi Chunli and Zhu Yongqiu jointly premeditated and killed Li Yu, and their conduct constituted the crime of intentional homicide. The two defendants committed the crime in a ferocious and cruel manner, and their crimes were extremely serious and should be severely punished.

After Zhu Yongqiu was brought into the case, he voluntarily confessed the facts of his crime of killing Huang Zhanhong and stealing property that the judicial organs had not yet grasped, and should be found to have surrendered voluntarily, and he may be given a lighter punishment for the crime of robbery he committed.

The procuratorate's accusation that the two defendants committed the crime of insurance fraud was inaccurate and was not supported. The Intermediate People's Court ruled:

1. Defendant Zhu Yongqiu committed the crime of intentional homicide and was sentenced to death and deprived of political rights for life; Committed the crime of robbery, sentenced to death with a two-year reprieve, deprivation of political rights for life, and confiscation of all personal property, and decided to carry out the death penalty, deprivation of political rights for life, and confiscation of all personal property.

2. Defendant Qi Chunli committed the crime of intentional homicide and was sentenced to death and deprived of political rights for life.

This case is a civil lawsuit attached to the criminal case, and the Intermediate People's Court ordered the defendant Zhu Yongqiu to compensate the plaintiff Zou Rong (Huang Zhanhong's wife). The victim Li Yu (the second fool) did not award compensation because there was no one at home and no one claimed compensation.

Although there is a court verdict, Zhu Yongqiu's family has no money at all, and there is no property available for enforcement, the real estate in the village belongs to his parents, and since he got married, his parents have been living in his brother's house, so the victim's family basically only got a piece of paper, but the defendant was sentenced to death, which can be regarded as a breath of relief for the victim's family.

After the first-instance verdict was announced, defendants Zhu Yongqiu and Qi Chunli were not satisfied, and both appealed on the grounds that the killing of Li Yu (the second fool) was committed by Zhu Yongqiu alone, and Qi Chunli did not participate.

"Lawyer Fang, I don't understand the characterization of this case. The purpose of the murder of the defendants Zhu Yongqiu and Qi Chunli was to defraud the insurance money, but why did the Intermediate People's Court not adopt the procuratorate's opinion, but instead characterized the acts of the two defendants as robbery and intentional homicide?

Is there something wrong with the Intermediate People's Court's judgment omitting the crime of insurance fraud? Zhou Ying looked at Fang Yi suspiciously.

After Fang Yi put down the teacup, he looked at Yun Qiao: "Yun Qiao, tell me your opinion." What do you think of the question that Mr. Zhou just said? ”

Fang Yi asked Yun Qiao to express his views on the case, not to embarrass her, but to exercise her independent thinking ability and not to follow the crowd. If Fang Yi said his thoughts first, then everyone would inevitably be swayed by his thoughts and affect their judgment, which Fang Yi didn't want to see.

"I think that in this case, the defendants Zhu Yongqiu and Qi Chunli have already begun to commit insurance fraud, and it is only because the public security organs have detected this case in time that the fraud has not succeeded, so the defendant has constituted the crime of robbery and intentional homicide at the same time, and has constituted the crime of insurance fraud, but it should be an attempt to commit a crime. Punishment should be combined. Yun Qiao flipped through the notebook in his hand and said.

When Fang Yi asked her to read the case file before, she had already realized that when discussing the case in the afternoon, Fang Yi might ask her about the situation of the case, so she made some preparations.

"Well, Wu Qinghui, what do you think?" Fang Yi looked at him with a smile.

The reason why I asked him was because there were four people in the house, Zhou Ying and Yun Qiao both expressed their views on the case, if they didn't ask Wu Dashao symbolically, Fang Yi was afraid that Wu Dashao would feel that he was discriminating against him.

When he was named by Fang Yi, Wu Qinghui was letting go of himself, and his thoughts had already reached the clouds. Seeing that everyone was staring at him, Wu Qinghui felt a little embarrassed in his heart, but fortunately, he was thick-skinned and quickly adjusted.

"I think it......" Wu Qinghui scratched his head with the pen in his hand, pretending to be thinking hard, and said: "The judgment of the Intermediate People's Court should be fine." ”

"Oh? Why? Fang Yi looked at him with interest.

"If you think, the judges of the Intermediate Court must be more professional than the judges of the grassroots courts, and there is a good chance that the cases they decide will not be wrong." Wu Qinghui said unashamedly.

Zhou Ying suddenly felt powerless after hearing this, this special theory is too strong.

Yun Qiao blinked, looked at Wu Qinghui like a fool, and said in his heart: What is this guy doing, what is he thinking about all day long? If the cases adjudicated by the Intermediate People's Court are all correct, what should the Provincial High Court and the Supreme Court do? Served! Uppercase clothes!

Fang Yi was the calmest, smiled slightly, and said secretly: It's really divine logic! I can't teach this student, so I'd better hand it over to Zhou Ying, it seems that the 500,000 yuan reward is not easy to get, and it is more difficult than the national football team to go to the world.

"Lawyer Fang, what do you think?" Zhou Ying didn't want to evaluate Wu Qinghui's opinion, so she turned her head to look at Fang Yi.

After Fang Yi picked up the teacup and took a sip of tea, he said: "I think that from the facts of the case, we can divide this case into two stages:

In the first stage, the defendant Zhu Yongqiu deceived the victim Huang Zhanhong into his hometown under the pretext of jointly opening a coal mine, then killed Huang Zhanhong and robbed him of the money he was carrying, and then used the stolen money to buy six life insurance policies for himself, completing the first step of his insurance fraud.

Judging from the facts of the above case, Zhu Yongqiu's conduct conforms to the characteristics of premeditated intentional homicide for the purpose of stealing property in the "Reply to the Reply on How to Convict Cases of Intentional Homicide in the Process of Robbery" issued by the Supreme People's Court, and should be convicted and punished as the crime of robbery;

In addition, according to Article 22 of the Criminal Law, it is a preparation for a crime to prepare tools and create conditions for the purpose of committing a crime. We can regard Zhu Yongqiu's above-mentioned behavior as creating conditions for the crime of insurance fraud, that is, the purpose of killing people and robbing money is to buy life insurance for himself. ”

Today's four chapters are dedicated, thank you for your support!

(End of chapter)