"The theoretical distinction between the crime of robbery and the crime of extortion is relatively clear, and there are two substantive differences between the two:

First, the main mode of conduct of the crime of robbery is to commit violence, which is a violent crime, and even if it is a threat, it is a threat of violence on the spot. The violence of the crime of robbery is directed against the victim.

The main form of extortion is coercion, including threatening violence against the victim or his relatives and friends, revealing privacy, destroying property, etc., and forcing the victim to hand over money and property out of concern for possible personal and property damage.

The second point is that the crime of robbery commits violence and obtains property on the spot, and in simple terms, it must meet the requirements of 'two scenes', that is, the violence committed on the spot and the acquisition of property on the spot.

However, if the crime of extortion is to extort money through the use of more serious violence, the violence and the acquisition of money cannot be both on the spot. If property is obtained on the spot, it cannot be violence on the spot, but a threat of violence in the future, otherwise it is robbery. If violence is committed on the spot, the act of taking money is generally afterward, otherwise it is also robbery.

In this case, in the course of committing the crime, Sha Shengcai et al. simultaneously threatened the victim with singing and singing, and carried out acts of encirclement and beating by multiple people, which on the appearance seemed to meet the constitutive characteristics of the crime of extortion, but based on the analysis of factors such as the circumstances in which the crime occurred and the victim's reaction, the violent means used by Sha Shengcai and others had already caused personal injury to the victim on the spot—minor injuries.

The victim was surrounded by many people in a relatively closed space and could not escape, and was beaten whenever he resisted or did not cooperate, and his personal safety and freedom of movement were seriously violated, and he was in real danger.

The victim is objectively in a state of powerlessness to resist, and subjectively is at a psychological disadvantage of having to obey. In this case, the victim was forced to pay for the consumption by swiping the credit card, and immediately called the police after getting out.

It can be seen that the victim was forced to hand over the money mainly to get out and avoid putting himself in danger, not for fear of being reported and singing.

Therefore, the conduct of Sha Shengcai and others in this case was to commit violence on the spot and obtain money on the spot, which meets the characteristics of the crime of robbery and constitutes the crime of robbery. Cao Yongzheng explained.

"Well, it's still lawyer Cao who has rich experience, Boss Fang has always said that lawyers are done, not learned, and if you want to have long experience, you have to handle cases in a down-to-earth manner, eat the case thoroughly, and draw inferences from one another.

This time I can understand why, not only to know the reason, but also to know the why.

When Mr. Xie assigned me the case, he said that it was a small case, and it was very simple, and it seemed that the small case was not simple. Yun Qiao blinked his big eyes and was a little worried.

"There are no small cases, only small lawyers." Yu Wendong answered.

"Oops! Comrade Yuwen, why don't we continue to talk about the story of 'that kind of place'. Yun Qiao said with a wicked smile. Sample, I can't cure you anymore.

"Uh...... That Sister Yun, let's talk about what to eat at noon. Yu Wendong smiled awkwardly, he really didn't mean what he said just now, he was feeling.

……

Today, Du Yong's daughter-in-law's colleague Qu Hongguo invited Du Yong to dinner and wanted to consult some legal issues. Du Yong didn't want to go and wanted to ask the other party to go to the law firm for an interview, but Du Yong's daughter-in-law said that the other party didn't want to make a fuss and wanted to meet in private. There was no way that since the other party didn't want to go to the law firm, and the daughter-in-law agreed to the dinner for herself, Du Yong could only go to the appointment.

Qu Hongguo is a white fat man, always smiling, according to Du Yong's daughter-in-law, he is very popular in the company, and he is the master of the technology department.

A bottle of Fenjiu drank most of the bottle, and the dishes were over five flavors, and Qu Hongguo and Du Yong became familiar with each other.

"Lawyer Du, what I want to consult with you is about my brother-in-law." Qu Hongguo took out a Huazi and handed it to Du Yong to help him light it.

Du Yong didn't answer, waiting for his later text.

"My brother-in-law Zheng Zhao was eating at a restaurant with his buddy Bian Zhenxiang in August 1997, but there was a man at the next table who drank too much and went crazy with alcohol, saying that Bian Zhenxiang looked at him and scolded the two of them.

Bian Zhenxiang was scolded and anxious, rushed over and slammed the opponent's crotch with his knee, and then punched the opponent's chest, the opponent was hit by a knee, and after being punched again, he fell to the ground in pain.

After the other party fell to the ground, my brother-in-law Zheng Zhao kicked the other party's body again. Seeing the other party fall to the ground and hunch over like a prawn, the hotel later called the emergency and called the police, no one expected that the other party died within an hour after being sent to the hospital.

According to the forensic examination, the other party was drunk and mildly myocarditis, and the external force acted on sensitive parts such as the chest and abdomen, resulting in vagus nerve reflex inhibition cardiac arrest and death.

Later, the police came and took the two of them back to the police station, and when they learned that the other party had died, the two were dumbfounded. If you want me to say that these two people are just a little back! Qu Hongguo sighed.

"The two of them were sentenced?" After listening to this, Du Yong asked.

"No, something happened.

At that time, the procuratorate indicted the defendant Bian Zhenxiang for the crime of intentional injury. During the trial of this case, no one expected that Bian Zhenxiang, who looked strong, would die of illness, and the court had to rule to terminate the trial.

Back then, after the police asked my brother-in-law Zheng Zhao to learn about the case, they released him, and the case was never filed.

In the middle of this year, the district bureau suddenly opened a case for investigation against my brother-in-law, Zheng Zhao, on the charge of intentional injury. The case was later sent to the District Court.

I don't understand, this case has been going on for more than ten years, why the case was only filed this year, and the procuratorate sent the case to the court.

I have approached our company's legal counsel before, and he said that my brother-in-law's case is fine, and it has been more than 15 years since the case occurred, and the statute of limitations has expired, and the court will not pursue my brother-in-law's criminal responsibility.

But I've been beating the drum in my heart, and I heard that you specialize in criminal cases, so I wanted to ask you if my brother-in-law would be sentenced. After Qu Hongguo finished speaking, he looked at Du Yong.

"Well, not necessarily." Du Yong thought for a while and asked, "How many years have you been engaged in sending a case to the police?" ”

"Less than twenty years, almost nineteen years and ten months." Qu Hongguo replied.

"According to article 87 of the Criminal Code, the offence shall not be prosecuted after a certain period of time:

(1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;

(2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed;

(3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

(4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

However, the case of your brother-in-law Zheng Zhao happened at the time when the new Criminal Law was alternating with the old Criminal Law, and there was some trouble in determining the maximum punishment. Du Yong thought for a while and said.

"What do you mean? Is my brother-in-law's case more troublesome? Qu Hongguo looked dazed.

(End of chapter)