"I don't feel like I've committed a crime, but the other party is the third brother, maybe it was intentional injury?"

"Intentional injury, 100 percent, my third brother can send you in at a glance, and dare to do it?"

"This slap can't come down for ten years!"

Seeing these replies from netizens, Li Chen couldn't help but twitch the corners of his mouth slightly, and began to answer the charge for netizens: "Let's analyze the crime of intentional injury you mentioned."

The crime of intentional injury refers to the criminal act of intentionally and unlawfully harming the body of another person and reaching a certain level of seriousness, which should be punished by the criminal law.

If no injury is caused or more than minor injury, if the level of injury is not reached, or if the injury is slight, it cannot be punished as intentional injury.

In this case, Li Si's slap could not constitute a slight injury. ”

Li Chen saw that there were different opinions in the live broadcast room, so he continued to compensate: "Of course, the results obtained by individuals are different depending on their physique.

In reality, someone knocked out two of the other party's front teeth with a slap and lost 20,000 yuan, and there was an even more outrageous other party who was already sick, and he fell into a coma directly after a slap, resulting in a recurrence of the disease, and even had to pay one or two million.

And here, Zhang San is a normal one, blocking Li Si's slap and reducing his strength, but it didn't cause much consequence. ”

However, netizens in the live broadcast room still insisted on intentional injury:

"Lawyer Li is right, but my third brother said that he had a concussion, how should Your Excellency defend himself?"

"Zhang San: Lawyer Li, you'd better reframe your argument."

"Zhang San: Lawyer Li, do you want to go in?"

Seeing that these netizens were so stubborn, Li Chen had no choice but to continue to refine the case: "The intentional injury that everyone is talking about is a criminal case, I have already said it just now, this situation is to report to the Armed Forces Association department, and they will file the case for investigation and transfer it to the local prosecutor's office for prosecution, and Li Si here found him after more than a month."

A person who was injured and only remembered to call the police after a month, do you think it is possible? ”

After speaking, Li Chen pushed his glasses and continued: "Therefore, the crime of intentional injury does not exist here.

Zhang San, on the other hand, reported the case to the Armed Forces Association on charges of extortion, and Li Si was finally sentenced to six months in prison for serious extortion. ”

Hearing Li Chen's reply, netizens in the live broadcast room instantly exploded:

"Extortion? Didn't Li Si take the initiative to compensate? ”

"Brothers, I always feel wrong, I'll go search on Qiandu."

"Upstairs, don't search it, taking the initiative to compensate is not extortion."

"How can it be extortion?"

"I took a look at the barrage in the live broadcast room and found that many people said that they took the initiative to compensate, and it was not extortion."

Li Chen pushed his glasses and said with a serious face: "If this matter is according to what you say, it really does not constitute the crime of extortion.

Let's now re-analyze the behavior of Li Si and Zhang San.

First of all, it is necessary to understand the constituent elements of this crime

The crime of extortion may be determined through the following elements: the object of the crime is the ownership of public or private property and the personal rights or other rights and interests of others; Objectively, it is manifested as the perpetrator's use of threats, coercion, intimidation, or other means to compel the victim to hand over property; The perpetrator is a natural person who has reached the statutory age of criminal responsibility and has the capacity for criminal responsibility; In the subjective aspect, it is manifested as direct intent, and must have the purpose of illegally extorting the property of others.

Article 274 of the Criminal Law

Where public or private property is extorted, where the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

And here, Zhang San offered to compensate, and because he couldn't take out so much money to Li Si at one time, he transferred money to Li Si in three installments by borrowing money from friends and other methods.

In the process of transferring, due to the time difference and other reasons, Li Si will definitely ask Zhang San for compensation.

You said to give me 25,000, and it took a week to give me 500 yuan, hurry up and pay Lao Tzu, otherwise this matter is not over!

So here, Li Si's behavior is threatening, and the purpose is also very clear, that is, to ask for the compensation promised by the other party.

Here I would like to state once again that Zhang San's behavior was not a crime from the very beginning.

In China's criminal law, there is no provision that seducing someone else's wife is illegal, and the most is moral condemnation.

In other words, there is no need for Zhang San to compensate, and Li Si rushed in to arrest the rape and take photos is a crime in itself.

And Zhang San, because he was taken a fruit photo, temporarily succumbed, and wanted to prevent Li Si from making the photo public through compensation.

The compensation here is analyzed from our point of view:

Li Si's wife cheated, and Zhang San took the initiative to compensate for the loss, which is reasonable but illegal.

And Zhang San was also annoyed by his constant asking for money afterwards.

Because he took the initiative to compensate, he just wanted to get out of the predicament, and he didn't really want to compensate.

According to his ideas.

Lao Tzu doesn't spend money on prostitution, your wife took the initiative to seduce me, I still have to compensate you 20,000 yuan, why?

And the more he thought about it, the more angry he became, he found the martial arts association department and reported Li Si for extortion.

And the Armed Forces Association, after listening to his words, checked his chat records with Li Si again, and found that the other party did ask for property in a threatening tone, which constituted extortion. ”

Hearing his explanation, netizens were a little angry while understanding.

It is clear that the other party took the initiative to compensate, but after regretting it, it can be convicted of extortion, which really should not be.

There are also netizens who feel sympathy and dissatisfaction with Li Si's personal experience.

Obviously he is a victim, and he is miserable enough to be green, and now he is still being sent in by the other party.

Some netizens expressed their dissatisfaction with the derailment, so corresponding laws should be set up to restrain them.

Only legislation can ensure that such things do not happen and that immoral behavior will not occur.

Because of cheating, the last person who was hurt was the other half of their family, and there was no way at all.

"The problem you are talking about is not something that we can decide, let alone something that can be changed in a short period of time, and it is even more impossible to change, because this problem is not a one-sided problem, but a two-sided or even three-sided problem, and there are many constituent factors."

Li Chen pushed his glasses and continued: "I have no way to change others, I can only be myself.

Okay, let's move on to the mistakes made by Li Si in this case. ”

After answering netizens' questions, Li Chen continued to tell the case...

(End of chapter)