"I took a look, and everyone thinks that Zhang San's behavior belongs to seeing death and not saving him, and there is no mandatory legal constraint for not saving him, so he doesn't constitute a crime, right?"

"Let's first analyze this case to see if Zhang San's behavior can constitute a crime.

In the case, Zhang San and Li Si were good friends, and the two agreed to go to the swimming pool, and here, Zhang San and Li Si knew each other.

When a case occurs, from the point of view of the law enforcement unit, they will first use the elimination method.

Whether Li Si's death was accidental or man-made is unknown.

From the perspective of Li Si's family, Zhang San is deliberately killing people.

Why?

From the case, it was Zhang San and Li Si who went to the swimming pool together, but Li Si died, which was an unacceptable result for them as the victim's family.

A few minutes before Li Si drowned, he asked Zhang San for help, what was Zhang San doing at this time? He's reading.

Who would go to a swimming pool to read a criminal law book?

Why does he read? Isn't it just that he wants to cover up his true thoughts of wanting to kill Li Si in his heart.

The two went to the swimming pool together, if Zhang San could lend a helping hand when Li Si was killed, then Li Si would not have died, so if he didn't save him when he saw death, he would have killed intentionally, and Zhang San should be responsible for Li Si's death, and even pay for his life. ”

Li Si pushed his frame: "This is the true thinking of ordinary family members, who often lose their minds when their relatives are hurt. ”

"I think so."

"That's it, the last time I went out with my friends, the guy had a drink and had a conflict with his family, and I kept fighting, and his family also said that mine was not, that if I hadn't asked him out for a drink, this wouldn't have happened, and we haven't been in touch since."

"Let's look at this case from the perspective of law enforcement again."

Li Chen continued to analyze the case: "When a common homicide occurs, the law enforcement unit analyzes the case with the exclusion method in combination with the specific circumstances of the crime scene.

And the first thing in the method of elimination is always the other killing. ”

"Only by excluding man-made can we qualify as an accident.

Many people may feel uncomfortable listening to this sentence, but this is the case, and the main reason is that the actor's behavior is uncertain.

People are thoughtful, and people lie.

At the scene of the crime, there are only two people, Li Si and Zhang San, so Zhang San will be characterized as the main suspect in the case by the law enforcement unit.

Zhang San was taken by law enforcement units for questioning and asking him about his main suspicions.

There are two points of confusion in the case.

First, why did Zhang San read the criminal law book in the swimming pool.

This is an anomaly, and Zhang San needs to explain his abnormal behavior to the law enforcement unit.

The second point is whether Zhang San knew about Li Si's situation during the period when he was drowning.

The first point is easy to explain, Zhang San can say that he is studying law, so he doesn't dare to relax for a moment when he works overtime.

No one has a rule that you can't read a penal book in a swimming pool.

This point is actually not important, Zhang San wants to see what his freedom is, even if he brings a cover girl to study there, it doesn't hurt. ”

"The second point, which is also the main factor in whether the case can constitute intentional homicide, is whether Zhang San knew about Li Si's emergency."

Li Si drowned and needed to be rescued, and Zhang Sanzai's words were arrogant in his confession.

Lao Tzu knew that he was drowning, and he also asked me to ask for a swimming ring, and I went through the criminal law book and found that there was no law that required me to give him a swimming ring.

In Zhang San's confession, he knew that Li Si would not be rescued when he was killed, and the testimony of Li Si's family proved that Li Si and Zhang San had a conflict, so his behavior was not simply a matter of not saving him. ”

"A friend is not guilty of a crime in the form of omission in the theory of criminal law. The so-called "omission" refers to a situation in which the actor has an obligation to carry out and is able to carry out a certain positive act but does not do it, that is, a situation in which he should have done and could do it, but did not do it.

In daily life, it is very likely that you will be judged civil liability if you do not save yourself:

The first is that the perpetrator has an obligation to do some kind of positive act, which is a prerequisite for the omission. This includes: specific obligations under the law; Obligations required to be performed in the course of one's position or business; Obligations arising from the prior conduct of the perpetrator that puts an interest protected by law in jeopardy, etc.

Second, if the actor has a real possibility of performing a particular obligation but fails to do so, but for some reason does not have the actual possibility of performing that obligation, it does not constitute an omission.

Thirdly, the omission of the actor to fail to perform a specific obligation leads to the occurrence of a harmful result, that is, there is a causal relationship between the omission and the harmful result.

In the case, if Zhang San answered very arrogantly that he would not save him, it would very well constitute intentional injury and be punished by law.

To put it another way, Zhang San clearly pointed out in his confession that he didn't know that Li Si was killed, did it still constitute a crime?

In the case, Li Si tossed back and forth, resulting in physical exhaustion and cramps in his hind legs, which was the main reason for his death.

Because Zhang San studied criminal law, he put all his energy into criminal law, and he didn't know Li Si's situation at all.

And from the surveillance camera of the swimming pool, it can be seen that Zhang San really didn't know, because his attention was in the criminal law book from beginning to end, so his behavior was definitely not a crime. ”

"Will Zhang San's explanation, law enforcement units listen?"

"Tell a joke, there is no suspicion!!"

"Don't talk about it......"

Netizens talked about their dissatisfaction again, all of which were verified by real experiences.

"After watching your barrage, I also probably understand what you are talking about."

Li Chen began to explain with a serious face: "We can't rule out unreasonable interrogation and questioning, but whether it can constitute a crime still depends on the evidence."

There is a paradox here, and it is whether we need to prove our innocence.

First of all, if the law enforcement unit finds you, it means that you may be involved in illegal and criminal matters.

If there is evidence that you may have done it, then you have to prove that you did not do it.

And the Armed Forces Association department, they are responsible for filing and investigating, which is a very important node, and there are many lawyers who say on the Internet that this link is not important, the main reason is because we have no way to intervene. ”

In the initial stage of the case, the investigation of the Armed Forces Association had not yet been completed, and the lawyer could not view the evidence.

The first confession in the first stage is considered the main confession.

There are still a lot of contradictions in the laws of this world...

(End of chapter)