Chapter 770: Trafficking Case
"The first fat is not fat, and the second fat overwhelms the kang!" Fang Yi said with a smile.
"Okay, it's impossible for me to get fat first, and it's still possible to get fat later. I'll definitely eat more! Fang Anzhi looked down at his figure and said.
"Haha, little bunny, I'm going to joke with your dad." Fang Yi reached out and rubbed Fang Anzhi's hair: "Don't be nervous during the exam, just play normally." After the exam, I will treat you to a big dinner. ”
After Fang Yi walked out of the small bedroom, he chatted with his father for a while, and then went to the study to get tired of Yunmei with his mobile phone.
……
Early the next morning, Fang Yi's team was busy, and Xie Youhe transferred another criminal case to them. In view of the fact that Zhou Ying received a lot of cases in the early stage and was in a fatigue period at this time, the new case was given to Du Yong.
"Lawyer Du, how is Lao Xie's case?" Wu Dashao rarely cares about the team's business.
"Don't mention it, it's a case of human trafficking, and the victim is also a wonder." Yun Qiao, who was following behind Du Yong, took over the conversation, his face speechless.
"When you are exposed to more criminal cases, you will understand that society is complex, and human nature is always beyond your imagination. We are exposed to the ugliest and most authentic side of society. So you have to be mentally prepared. Du Yong looked at Yun Qiao with a smile.
Du Yong has been joining the team for a few days, and he suddenly feels that this team is actually quite interesting, Zhou Ying always complains about many cases, but in fact, he is more active than anyone else.
Yun Qiao is a little clever ghost, he doesn't know what he is thinking all day long, but he is never ambiguous in his work, and his theoretical foundation is quite solid.
Boss Fang is always busy chattering, unless it is a case assigned by the party to handle him, it will be distributed in the three-person room regardless of the fee, and he will not pick the fat and pick the thin, nor will he hold on to the fat work, and the work is fair.
Wu Qinghui, a supernumerary member, is the only one in the team, who follows Zhou Ying all day long, acting as a driver and assistant, although he works hard to ask Zhou Ying for the content of the exam, but it doesn't look like he wants to take the exam, because he lacks a lot of energy, a courageous energy.
On this day, Fang Yi received a notice from the court that Mi Jiahong's tax evasion case would be heard in five days. In the afternoon, Du Yong walked into the office with the case file.
"Lawyer Fang, is it convenient for you?" Du Yong was very polite, this was the first time he came to the office to ask Fang Yi for advice, and it was also the first time he discussed the case with Fang Yi alone, he couldn't figure out Fang Yi's temper, so he was very cautious.
"Convenient, what's wrong?" Fang Yi looked at Du Yong and smiled, "Sit down and say." ”
As the words fell, Fang Yi got up and came to the sofa and sat down.
"Lawyer Fang, Lawyer Xie's case is a case of abduction and trafficking of women. There is something special about this case, and I am a little unsure. I'd like to ask you about it. Du Yong said.
"Don't say the word 'ask for advice', let's discuss it together. Let's start with the facts of the case. Fang Yi said with a smile.
"Probably the facts of the case are like this, in August last year, a woman in her 50s named Zhuang Liqin abducted Tian Jiafeng and Cao Wanying, women who came to the county from the village below to look for a job, to Luo Sijun's house in the name of introducing jobs.
Subsequently, after coercing the young and somewhat good-looking Cao Wanying, Luo Sijun sold her to a man in his thirties in the nearby mountains as his daughter-in-law.
When Luo Sijun was about to sell Tian Jiafeng, who was in his thirties, to an old bachelor in his fifties as his wife, Tian Jiafeng didn't even cry and make trouble, and even forced him to die.
After that, Luo Sijun found Tong Zhonglai, the defendant in this case, and agreed to sell Tian Jiafeng to him as a concubine at a price of 1,500 yuan, and allowed Tong Zhonglai to pay in installments.
Tong Zhonglai hadn't been to school for a few days, his home was in the mountains, and there were few families around, so he didn't take it seriously at all, so he forcibly took Tian Jiafeng home.
Tong Zhonglai's daughter-in-law saw that her husband had brought back a woman and wanted to be a little wife, so she immediately blew up her nest and scratched Tong Zhonglai and strongly objected.
Later, after inquiry, Tong Zhonglai's daughter-in-law learned that Tian Jiafeng had been married for more than six years and had a son, so she grabbed Tong Zhonglai's ears and told him that there were two ways, either to send Tian Jiafeng home, or to return her to Luo Sijun. Anyway, he is not allowed to raise a little wife at home.
When Tong Zhong said that he wanted to send Tian Jiafeng back to his hometown, the latter unexpectedly refused and offered Tong Zhonglai to resell himself to others.
It turned out that after Cao Wanying, who came out with her to look for a job, was abducted and trafficked, Tian Jiafeng was afraid that she would not be able to explain to Cao Wanying's family when she went home alone, so she did not dare to go home. But if Tong Zhong sent her back to Luo Sijun's house, she would definitely be beaten again, so she asked Tong Zhong to resell her to others.
A few days later, Tong Zhonglai sold Tian Jiafeng to a 40-year-old bachelor in the next village for 1,600 yuan.
Later, Tian Jiafeng and Cao Wanying were rescued. The public prosecution prosecuted Tong Zhonglai to the Intermediate People's Court for the crime of abducting and trafficking women. Tong Zhonglai's wife felt that her man was wronged, so she came to our law firm to entrust her. After Du Yong finished speaking, he looked at Fang Yi.
"Well, what do you think?" After listening to this, Fang Yi asked.
"I looked it up.
Judging from the facts of this case, the defendant Tong Zhonglai's conduct can in fact be divided into two parts: first, he bought Tian Jiafeng, an abducted and trafficked woman; In the second part, after he bought the trafficked women, he sold the trafficked women he bought.
According to the provisions of paragraph 5 of article 241 of the Criminal Law, a person who buys a trafficked woman and then sells it shall be punished as the crime of abducting and trafficking in women, and the punishment for multiple crimes shall not be combined.
In other words, the defendant in this case, Tong Zhonglai's act of buying the trafficked women should have been absorbed by his act of selling the trafficked women he had bought. Therefore, I believe that the defendant in this case, Tong Zhonglai, should be convicted and punished for the crime of abducting and trafficking women.
However, this case has certain particularities, after the defendant Tong Zhonglai bought the abducted and trafficked woman Tian Jiafeng, he expressed his willingness to send her home, and after being rescued, Tian Jiafeng also confirmed that the defendant had indeed said such things and really wanted to send her home.
It was only later that Tian Jiafeng himself did not agree, and the defendant resold it to someone else at Tian Jiafeng's request. In my opinion, this involves the victim's promise or request, that is to say, the defendant's act of reselling the victim is based on the victim's voluntary act of harm.
I'm a little unsure now, whether the victim's voluntary harm can be used as a reason for the defendant not to constitute a crime, just like emergency avoidance and legitimate defense, to eliminate the harm to society? Du Yong's eyes were a little confused.
(End of chapter)