In the afternoon, Zhou Ying and others sat on the sofa in Fang Yi's office, and Du Yong wrote the basic information of the case to be discussed on the whiteboard.

"I will first give you a brief introduction to the case and the information I received when I went to the detention center. This is a homicide case, and the defendant's name is Tian Lijie......" Du Yong stood next to the whiteboard and told everyone about the case.

Defendant Tian Lijie came to the city to look for a job at the beginning of the year because he only had a high school education, and he repeatedly failed in interviews. Later, he saw a small advertisement for a fake certificate on a telephone pole, so he called the other party to prepare a college graduation certificate, and it was a woman named Geng Wenlan who applied for a fake certificate for him.

Later, Tian Lijie went to the interview with a college diploma, but the company hired a bachelor's graduate. So Tian Lijie called Geng Wenlan again to ask for a fake certificate, and Geng Wenlan suggested that he should apply for a graduate degree certificate in one step, and Tian Lijie felt that this was fine.

Two days later, Geng Wenlan sent the fake certificate to Tian Lijie's residence and demanded a fee. Tian Lijie found that the cost of applying for a certificate this time was much higher than before, so he asked the reason, and Geng Wenlan told him that the graduate certificate includes an academic certificate and a degree certificate, which are two certificates, and a college certificate is one certificate, so the cost is much worse.

Tian Lijie felt that the other party was cheating him of money, as long as he had an academic certificate, he didn't want a degree certificate. But Geng Wenlan didn't do it, the two sides had a dispute over the price of making fake diplomas, the more the two quarreled, the more fierce the quarrel became, Tian Lijie was grumpy, directly picked up the arm strength device used for fitness in the house, and continuously slammed each other's heads, and the two fought together.

During the fight, Tian Lijie picked up the fruit knife on the table and stabbed the other party in the head and chest, causing the victim Geng Wenlan to die on the spot. After that, Tian Lijie was afraid that the crime would be exposed, so in order to escape legal punishment, he used hacksaws, kitchen knives and other tools to dismember the victim's body in the bathroom of the rental house, put the body pieces in a woven bag, and dragged the stones out of his residence in the middle of the night and buried them in the ground not far from the community.

Soon after, the defendant Tian Lijie sent a message to the victim's husband on his mobile phone, extorting 200,000 yuan from Geng Wenlan on the pretext that he had been kidnapped.

After that, Geng Wenlan's husband reported the case, and the police found Tian Lijie according to the clues that Geng Wenlan had made a false certificate, and found bloodstains in his residence.

After Tian Lijie was arrested, he truthfully confessed the incident. The police exhumed the victim's body.

After that, the procuratorate prosecuted the defendant Tian Lijie for intentional homicide and extortion.

"The above is the relevant situation of the case, the procuratorate charged the defendant with the crime of intentional homicide, and I have no objection to this charge, but I am a little unsure whether the crime of extortion charged by the procuratorate is established.

In my opinion, the defendant fabricated the fact that the victim was kidnapped and demanded money after killing the victim, which should constitute the crime of fraud. After Du Yong finished speaking, he looked at the people in the room.

"Let's talk about your thoughts, Wu Qinghui, you come first, don't be afraid to say the wrong thing, and boldly express your opinions." Fang Yi encouraged.

"I think it's too harmful to give false testimony, on the other hand, this is also a high-risk industry, and it's not worth it to lose your life for a few hundred yuan." Wu Qinghui said unashamedly.

After Zhou Ying listened, she held her forehead and said in her heart that Wu Dashao's way of thinking was really unusual, what did he think!

"What's that, Yun Qiao, tell me about it." Fang Yi directly thought that Wu Qinghui did not exist.

"I think that the defendant extorted money from the victim's husband in the name of kidnapping the victim, which constituted the crime of kidnapping. It should not constitute the crime of extortion. Yun Qiao said confidently.

After Yun Qiao finished speaking, Fang Yi looked at Zhou Ying.

"I think the plot of 'after murder, asking for money in the name of kidnapping' is very similar to a case I handled with lawyer Fang before. In this case, the victim's actions should constitute two crimes: intentional homicide and extortion. Zhou Ying thought for a while and said.

"Tell me why." Fang Yi smiled.

"First of all, the defendant did not negotiate the price with the victim because he had made a false testimony, and then there was an argument and murder. The defendant's purpose in killing was not to kidnap.

Second, after the victim's death, the defendant Tian Lijie intended to extort money from the victim's relatives in the name of the victim's kidnapping, which did not meet the requirements for constituting the crime of kidnapping, and was an afterthought, and should constitute the crime of extortion. Zhou Ying said.

"In this case, I think there is no problem with the charges charged by the procuratorate, and the defendant's criminal methods are cruel, the circumstances are particularly serious, and the harm to society is extremely great, and in the absence of statutory mitigating circumstances, it is very likely that he will be sentenced to death. Let me tell you what I think.

After the defendant Tian Lijie killed the victim, he extorted money from the victim's relatives in the name of kidnapping the victim, and did not constitute the crime of kidnapping.

The crime of kidnapping refers to the use of violence, coercion or other methods to kidnap others for the purpose of extorting property or taking hostages.

In this case, the defendant Tian Lijie did not commit any kidnapping that caused the victim to lose his personal freedom, nor did he restrict the victim's personal freedom.

The defendant killed the victim because of a dispute with the victim over the price of the false certificate, and it is clear that his actions constituted the crime of intentional homicide.

After the victim's death, the defendant temporarily took the initiative to demand money in the name of kidnapping, but in fact the defendant no longer had the target of kidnapping, and in the absence of the kidnapped person, the crime of kidnapping could not be constituted.

Therefore, the defendant in this case, Tian Lijie, after intentionally killing people, extorted money in the name of kidnapping, which did not constitute the crime of kidnapping. After Fang Yi finished speaking, he looked at everyone.

Du Yong pondered Fang Yi's words and was silent.

"In addition, in this case, the defendant had the subjective intent to take possession of the law, which subjectively met the constitutive elements of the crimes of fraud and extortion.

The crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

In this case, the defendant Tian Lijie demanded money from the victim's family in the name of kidnapping. Under the circumstances of information asymmetry at that time, the victim's family was very likely to believe the defendant's fictitious fact that the victim was kidnapped, but they would never 'voluntarily' hand over money to the defendant because they fell into a misunderstanding, and even if they handed over money to the defendant, it was because they were coerced and forced to do so, not because they were deceived and took the initiative to hand over the money, so I believe that the defendant's behavior does not constitute the crime of fraud.

The crime of extortion is the act of threatening or coercing a victim for the purpose of illegal possession, and forcibly extorting a relatively large amount of public or private property.

The method of committing the crime is to threaten or coerce the victim, that is, to exert mental coercion on the owner or custodian of public or private property, causing him to be psychologically frightened, so that he does not dare to refuse the request for property.

In this case, after the defendant Tian Lijie killed the victim at his residence, he informed the victim's husband through his mobile phone that the victim had been kidnapped, demanded money, and told him that he could not report the case, otherwise he would tear up the ticket.

The husband of the victim was worried about the safety of the victim and was severely mentally coerced. Defendant Tian Lijie fabricated the fact of kidnapping and coerced the victim's husband with the intention of extorting money. Therefore, the defendant's conduct met the constitutive elements of the crime of extortion. Fang Yi explained.

(End of chapter)