The so-called non-punishment without explicit provisions in the law means that if the law does not clearly state that your fault is a crime, it is not called a crime, and if the law does not clearly stipulate that your behavior needs to be punished, you can not be punished.

From duty crimes to criminal law, I have to say that when Su Nan's tutor was in class, his thinking was quite divergent.

But it is undeniable that this way of teaching has really taught Su Nan a lot.

Afterwards, when Su Nan and Song Tingchuan talked about this, Song Tingchuan laughed

"My mentor also told an example about this, but this example is a bit obscene, do you want to listen to it?"

Wretched

Su Nan's head was full of black lines

"Tell me about it."

"Lao Wang went to IAO to prostitute and made an appointment for 5,000 a night, but the woman was angry afterwards, because Lao Wang gave 5,000 coins, how should this case be handled."

Su Nan twitched the corner of his mouth, "Your case is quite obscene." ”

Song Tingchuan couldn't help laughing

"If you think about the outcome of this case, you will find that it is even more obscene."

Su Nan lowered his eyes and pondered for a few seconds, and then slapped his head, a little accepting of incompetence.

The result of this case is very simple, Lao Wang is not guilty.

Some people's first reaction will be that Lao Wang constitutes a QJ crime, but in fact, the two agreed at the beginning, so the woman's consent is valid, and it does not constitute a QJ crime.

It is also said that it constitutes the crime of using counterfeit money.

composition

Not.

The "counterfeit money" that uses counterfeit money must cause damage to the public credit of the currency, and the circulation of the dark currency in the market will cause the people to dare not use the yuan.

Because the difference between the Pluto Coin and the Life Coin is still quite big, can it be said that you use a 250 Pluto coin to go to the store and say, "Come, find me money", do you see that the merchant cares about you?

Therefore, it does not constitute the crime of using counterfeit money.

Third, it does not constitute the crime of fraud

On this point, there is a concept involved, property.

How to understand property

First of all, there must be three points of view on any issue, the pro, the negative, and the compromise.

It is said that what is called property must be the interest protected by the law.

So in this sense, if I steal your DU product, it is not called theft, because DU product is not protected by law.

But on the contrary, I think this is too inappropriate, as long as it has economic value, it is called property, so stealing your goods constitutes theft.

However, according to this argument, it will lead to an infinite expansion of the scope of punishment, so there is a compromise theory.

The compromise theory holds that a property is worthy of protection if it has an economic value, but that economic value must be recognized by the norm.

and is not recognized by the norm.

Therefore, in judicial practice, the so-called white prostitution does not constitute the crime of fraud.

That is to say, every time Lao Wang goes to IAO prostitution, he is not ready to give money, only the dark coin, Lao Wang is very bad, he is a scumbag, but he can't deal with him.

He can only be morally condemned, not criminalized.

At most, punishment will be imposed in accordance with the public security regulations, and both men and women will be arrested and detained for several days.

Song Tingchuan knew that she had already figured it out when she looked at Su Nan's expression, and grinned, "I didn't expect it, this is called not a crime if there is no express provision in the law, and no punishment if there is no express provision in the law." ”

The case is obscene, but classic.