The next day, at about four o'clock in the morning, Li Feiyang and Lu Shaolei, who had stolen vegetables overnight at Happy Farm, came to the gate of the vegetable wholesale market with cigarettes in their mouths and red eyes.

The two saw that there were a lot of cars parked in the parking lot at the gate of the wholesale market, and they must have come to the wholesale market so early to batch vegetables.

Lu Shaolei looked around and took a fancy to a three-jumper, the owner of the three-jumper was a man in his thirties, dark-skinned, and thin, who looked quite honest. When Lu Shaolei and the others leaned over, the thin man had just loaded the vegetables on the cart into the three jumpers, preparing to return to the wholesale market again.

Lu Shaolei and the others didn't say a word, and loaded the ten packets of cabbage in the van directly onto the three jumpers. At this time, the thin man had not gone far, and when he heard the noise, he turned around and saw two strangers loading vegetables into his car.

The thin man hurriedly ran over, Lu Shaolei saw that the owner was coming, and without waiting for the other party to speak, he directly offered a package of cabbage for 100 yuan, a total of 10 packs, 1,000 yuan, and asked the thin man to pay for it.

The thin man reacted instantly, isn't this a forced buying and selling, and immediately refused Lu Shaolei's request, asking the two to unload the dishes, otherwise they would call the police.

Li Feiyang stayed up all night in order to make some money, and when he had nowhere to vent his anger, he grabbed the thin man's neck and dragged him to the back of a truck in the parking lot to beat him. Li Feiyang is strong, plus Lu Shaolei, two to one, the thin man is not an opponent at all, and he was beaten.

After stopping, Lu Shaolei continued to ask for money for cabbage, and the thin man pretended to give money, and punched Li Feiyang in the chest with all his strength, knocking him into the truck behind him, grinning in pain.

The thin man turned around and ran, but before he ran far, he was kicked to the ground by Lu Shaolei, and the two of them tore up. Li Feiyang ran over to help, and both sides were anxious.

During the fight, Li Feiyang slashed the thin man on his heels, and then took out the dagger he carried with him and stabbed him three times in the abdomen, back and right buttocks. Lu Shaolei stood aside and looked stupid.

Seeing that Li Feiyang moved the knife, the wail of the other party being bombed continued, Lu Shaolei secretly said that it was not good, pulled Li Feiyang, and the two got into the car and fled the scene.

When the security guard at the wholesale market saw someone fighting, he called the police and called the emergency number, and soon an ambulance arrived at the scene and took the thin man to the county hospital for rescue.

Based on surveillance footage and eyewitness accounts, the police quickly identified the suspects as Li Feiyang and Lu Shaolei. Li Feiyang had a criminal record, which was easy to find, and Lu and Li were arrested by the police a day later.

Later, after a judicial evaluation, the victim's thin man's descending colon ruptured, the inferior abdominal wall artery ruptured, and blood in the peritoneum cavity, constituting serious injuries.

"Da Ge, this case is not complicated, it is the father of the defendant Lu Shaolei who entrusted us. Defendant Lu Shaolei confessed to the facts of the crime, but he insisted that the purpose of calling another defendant Li Feiyang at that time was to force him to buy and sell for some money, and he didn't want to use the knife.

The two defendants in this case will definitely be sentenced, but the problem is that both of them committed the crime of forced buying and selling, which constitutes the crime of forced trading. However, in the process of forcibly buying and selling, the defendant Li Feiyang used a knife and stabbed the victim to serious injuries, the nature of which changed, and he constituted the crime of intentional injury.

The question now is, in the course of a joint forced transaction, if one person seriously injures the victim with a knife, how should the other defendants who participated in the joint forced transaction be convicted and punished?

On the way back, I kept thinking about this question, and I couldn't eat it accurately. Du Yong said.

Originally, Du Yong wanted to go to Fang Yi to ask this question, but Meng Guangda came over, Du Yong knew that Meng Guangda had been practicing for a longer time than himself, and he had also taught criminal law in the university before, so he wanted to hear his thoughts.

"Well, that's what I thought.

On the basis of article 226 of the Criminal Law, where violence or threats are used to forcibly buy or sell goods, or to compel others to provide services, or to compel others to accept services, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.

In this crime, the perpetrator must be intentional in the subjective aspect, and from the perspective of judicial practice, the perpetrator of the crime of forced transaction generally has the motive of greedy profits.

In the objective aspect, it is mainly the use of violence or threats to force the purchase and sale of goods, the use of violence or threats to force others to provide services, and the use of violence or threats to force others to accept services.

The crime of forced trading is a circumstantial offence and can be constituted if the perpetrator compels another person to trade by means of violence or threat, and the circumstances are serious.

The seriousness of the circumstances mainly includes: during the forced transaction, the perpetrator committed violence, such as beating others, and the means were heinous; Threats of on-the-spot violence; Repeatedly forced to trade and refuse to change; Forcing transactions to make a huge profit; Forced transactions disrupt production or trade order, causing serious consequences, etc.

Regardless of whether the act of coercing the transaction is carried out or not, as long as the above-mentioned circumstances exist, the crime of coerced transaction is constituted, and it is completed.

In this case, the two defendants wanted to forcibly sell 10 packets of cabbage to the victim at a price of 100 yuan per pack, and after being refused, the two defendants beat the victim and caused serious injuries to the victim Peng Wenbin. After Meng Guangda finished speaking, he habitually brushed the sparse hair on his head that was almost countable to the naked eye.

"Well, I agree with that, and I think so too." Du Yong nodded.

In addition, in the course of committing the criminal act of forced trading, the defendant Li Feiyang caused serious injuries to the victim, constituting the crime of intentional injury.

In this case, it should be handled in accordance with the principle of criminal law punishment for implicated offenders, that is, in accordance with the principle of 'one heavier punishment', the defendant Li Feiyang should be found to have committed the crime of intentional injury, and the punishment for multiple crimes should not be imposed on him.

There is a question that needs to be confirmed, that is, whether the defendant Li Feiyang was carrying a dagger, and whether the defendant Lu Shaolei knew about it. Li Feiyang stabbed the victim with a dagger, was it Lu Shaolei's acquiescence? When Li Feiyang stabbed someone, did Lu Shaolei assist?

If the defendant Lu Shaolei did not know in advance that Li Feiyang was carrying a dagger to participate in the forced transaction, and during this period, he could not have foreseen that Li Feiyang would suddenly take out the dagger he was carrying with him and stab the victim, and Lu Shaolei did not simultaneously harm the victim or assist Li Feiyang in committing the murder when Li Feiyang stabbed the victim with a knife.

The consequences of Li Feiyang seriously injuring the victim with a knife exceeded the joint criminal intent formed by Li Feiyang and Lu Shaolei in the criminal activities of forced trading, and the consequences of the victim being stabbed and seriously injured can only be borne by the defendant Li Feiyang, who committed the act of seriously injuring him.

In this case, the court may convict and punish the defendant Li Feiyang for the crime of intentional injury, and the defendant Lu Shaolei for the crime of forced trading. Meng Guangda continued.

Today's three watches! Save some drafts, and then explode more ha.

(End of chapter)