"I have a question, in this case the defendant killed and dismembered the victim, and there is no doubt that the defendant's actions were intentional homicide and were completed. What about the crime of extortion, is it completed or attempted? Yun Qiao suddenly looked at everyone and asked.

"I think it was done, because the defendant fabricated the fact that the hostage kidnapping was the case, demanded money, and his behavior had already caused mental coercion to the victim's husband.

In other words, if the defendant committed an act of extortion and caused fear to the victim's husband, it should constitute a completed property even if he did not take possession of the property unlawfully. After all, the defendant committed the act. Zhou Ying thought about it and said.

"In my opinion, the determination of the completed and attempted crime of extortion should be based on whether the defendant actually obtained the money of others. In this case, the defendant did not get the money, so it should have been an attempt. Du Yong objected.

"I agree with Mr. Du.

The crime of extortion is a crime against property, and the delivery or acquisition of property should first be considered as the criterion for determining whether the crime of extortion has been completed or attempted.

There are two views on the question of the crime of extortion completed and attempted, namely, the delivery theory (loss of control theory) and the acquisition theory (control theory).

In judicial practice, under normal circumstances, the victim's delivery of property and the defendant's acquisition of property are the same, but the reality is complex, and there are special circumstances in which the two acts are inconsistent.

For example, the victim delivers the property to a specific place or a specific person at the defendant's request, but the defendant is arrested by the police before he can actually obtain the property.

In such cases, the timing of the delivery of the property by the victim and the acquisition of the property by the defendant is not the same. However, in essence, the victim has already delivered the property in accordance with the place or person designated by the defendant, and the property has been out of the victim's control, so it should be deemed that the defendant has actually obtained the property.

Therefore, in such a case, the defendant's conduct should be deemed to have been completed, whether on the basis of either the delivery doctrine (loss of control doctrine) or the acquisition doctrine (the control doctrine).

Therefore, I believe that after the defendant Tian Lijie intentionally committed homicide, he extorted money from the victim's relatives in the name of kidnapping, which constituted the crime of extortion and was an attempt. Fang Yi said.

"I have a question, when I watch a movie, there is often a situation that the police have set up a trap and have already set up the scene in advance, just waiting for the criminal to go to the designated place to withdraw money, and then arrest him in one fell swoop, in this case, is it a crime completed or an attempt?" Wu Qinghui raised his hand and asked suddenly.

Everyone was stunned for a moment after hearing this, and looked at Fang Yi.

Xiao Wu's question is very realistic. If this is the case, it should not be considered a completed crime, but an attempt.

Because, as far as the victim is concerned, he did not really deliver the property, and to put it bluntly, the victim did not really lose control of the property. It is not possible for the offender to actually obtain or control the property.

Therefore, regardless of whether the delivery theory (loss of control theory) or the acquisition theory (control theory) is adopted, the offender's conduct should be recognized as an attempt. Of course, this is my personal opinion, and it does not mean that all prosecutors and courts think so. Fang Yi explained.

Du Yong kept nodding, although he could guess the outcome of the case, but he didn't know how to explain it, it seems that Boss Fang's theoretical foundation is indeed better, and people can gain a foothold in the city and create a good reputation, they have real skills.

No matter what the court decides, for now, Du Yong is convinced!

In fact, Fang Yi's view was similar to the view finally adopted by the collegial panel of the court.

The Intermediate People's Court held that the defendant Tian Lijie used violent means to kill Geng Wenlan, dismembered his body and buried him in the field; After Tian Lijie killed and dumped his body, he demanded money from the victim's relatives on the pretext that the victim had been kidnapped, but the attempt was made because of the incident.

The defendant's conduct has constituted the crime of intentional homicide and the crime of extortion (attempt) respectively, and his criminal methods are cruel and extremely harmful to society, and should be severely punished in accordance with law. Defendant Tian Lijie's criminal conduct also caused economic losses to the plaintiff in the attached civil lawsuit, which should be compensated; However, the plaintiff's claim for compensation for death compensation lacks legal basis and is not supported.

Finally, in accordance with the provisions of Articles 232, 274, 23, 57.1, 69.1, 64 and 36.1 of the Criminal Law of the People's Republic of China, and Article 119 of the General Principles of the Civil Law, the Intermediate People's Court ruled as follows:

1. Defendant Tian Lijie committed the crime of intentional homicide and was sentenced to death and deprived of political rights for life; Guilty of extortion and sentenced to four years' imprisonment. It was decided to carry out the death penalty and deprive him of political rights for life.

2. Defendant Tian Lijie compensated the plaintiff in the attached civil lawsuit for funeral expenses, transportation expenses, child support, alimony, and other expenses.

However, the court did not uphold the plaintiff's claim for compensation for death compensation in the attached civil action, because the court held that such expenses did not fall within the scope of the attached civil action. The legal basis for the Court's decision is Article 119 of the General Principles of the Civil Law.

Article 119 of the General Principles of the Civil Law (now invalid and replaced by the Civil Code) provides that if a citizen's body is infringed and death is caused, funeral expenses and necessary living expenses of the deceased's supporters shall be paid. ）

After the first-instance judgment, the plaintiff in the attached civil lawsuit appealed and demanded compensation for the death compensation of the defendant Tian Lijie, but the High Court ruled that the appeal was rejected and the original judgment was upheld on the grounds that the death compensation claimed by the plaintiff did not fall within the scope of the attached civil lawsuit.

After Du Yong got the verdicts of the first and second instance, the other party's judgment was more convincing. This also established Fang Yi's position in the criminal field of the team.

Some people will ask, shouldn't the professional ability of a team leader be the ceiling of the team's professional ability? In fact, the reason why the boss of many teams became the boss is because he has resources, to put it bluntly, he can bring cases to the team and control the economic lifeline of the team, but his own professional ability may be very crotch-pulling.

It's like a company owner who doesn't understand the law, but can pay a lawyer or in-house counsel.

At 10 o'clock in the morning, Zhou Ying and Du Yong ended their meeting, walked out of the detention center, came to the parking lot, and drove back to the law firm.

"Lawyer Du, what your cousin Kong Shu said is basically the same as what we learned about the case, although Kong Shu did not surrender, but he assisted the police in arresting another defendant, Xiang Qingbin, there are meritorious circumstances, and the court will consider it when sentencing.

This is already the case, don't worry too much, wait for the case to be transferred to the procuratorate, and then discuss it with Boss Fang after reading the file. Zhou Ying comforted.

Du Yong's face was solemn and nodded, when he met in the detention center just now, he didn't say a word, just stared at his cousin, seeing that the latter didn't dare to look at him.

He couldn't wait to pull his cousin out and blow him up, his heart was already in turmoil, and from this point of view, a lawyer is really not suitable for representing relatives in cases, especially criminal cases.

……

(End of chapter)