Why in Chapter 208 this world will have to plan such deep man!( Asked monthly ticket) 第208章这个世界上为什么会有算计这么深的男人！(求月票) „Modern society, but also threat prosecution, but also asks for money in private, cracks a joke, he works as the law is anything, he works as the court is his family/home!” “现代社会了,还威胁起诉,还这么私下要钱,开玩笑呢,他当法律是什么,他当法院是他家啊！” „Moreover has saying that your audience does is also very good, is watertight, discovered that went did not have, then selected the operation that went similarly, was really good, had my style, haha!” “而且不得不说,你那位观众做的也很好,滴水不漏啊,发现外卖没了,然后又点了一份同样外卖的操作,真的是不错,有我的风范,哈哈！” That that side Dazhuang of telephone that head said called a sputtering, excited, Zhou resolute were used. 电话那头的方大状说的那叫一个口沫横飞,激动万分,周毅都习惯了。 side Dazhuang experiences such matter is very excited each time. 每次方大状遇到这样的事都会很激动。 This makes Zhou resolute feel oneself miss is a little far, because he also attended class before. 这让周毅觉得自己差的有点远,因为他在之前还叭叭给人上课呢。 In result matter had not looked obstinately the opposite party can extort unexpectedly, naturally is the crime, this point side Dazhuang there is unable to determine completely. 结果这件事里愣是没看出来对方居然会是敲诈勒索,当然是不是犯罪,这一点方大状那里也无法完全确定。 Because of generally speaking, us judges a behavior, an event whether crime, according to its constitution important document will distinguish. 因为一般来说,我们判断一个行为,一个事件是否犯罪,都会按照其构成要件来区别。 However in the criminal law pure is not quite sometimes good to differentiate the crime according to the constitution important document with the non- crime, then must use various judicial interpretations of Supreme Court at this time. 但是刑法中有时候单纯依照构成要件不太好区分罪与非罪,那么这时候就要用到最高法的各种司法解释。 side Dazhuang is still keeping saying, probably this is the instinct of attorney? 方大状还在不停地说,大概这是律师的天性？ Can say in any case specially, from a matter, can expand the innumerable laws directly, opened a law popularization in the telephone. 反正就是特别能说,从一件事,可以直接引申出无数的法律来,就在电话里开启了一次普法。 Facing such situation, Zhou resolute will have an idea each time, if, if his Zhou resolute sends to sell for money this sound recording, commits the crime. 每次面对这样的情况,周毅都会有一种想法,如果,如果他周毅把这录音发出去卖钱,构不构成犯罪。 Jokes aside, has flash that his Zhou really had such idea...... 说真的,有那么一瞬间,他周某人真的生出了这样的想法…… However thinks that opposite is side Dazhuang, is ok. 但是想想对面是方大状,还是算了吧。 Okay is living, isn't good? 好好的活着,不好吗？ „Actually, you can tell that audience, her choice has two types, first is the direct warning, according to extorting attempted processes.” “其实吧,你可以告诉那个观众,她的选择有两种,第一呢就是直接报警,按照敲诈勒索未遂来处理。” „Second gave money, then reported to the police, when the time comes can extort the accomplished offense to process.” “第二呢就是给了钱,然后再报警,到时候会以敲诈勒索既遂来处理。” One that here need emphasized that that is, extorting was the behavior suspect, rather than result suspect! 这里需要着重强调的一句,那就是,敲诈勒索是行为犯,而不是结果犯！ What finally does the behavior violate with the difference that violates is? 行为犯和结果犯的区别是什么呢？ As the name suggests, behavior suspect, you, so long as had such behavior, that committed the crime theoretically. 顾名思义,行为犯,你只要有了这样的行为,那从理论上来说就构成了犯罪。 For example extorts the crime, so long as you had the behavior of extorting, that is the crime. 比如敲诈勒索罪,你只要有了敲诈勒索的行为,那就是犯罪。 But finally violated was different, is corresponding that the behavior violated, was called the substantive suspect. 而结果犯就不同了,是行为犯的对应方面,又称为实质犯。 That is, your criminality must create the crime result that the constitution important document is scheduled, will commit the crime. 就是说,你的犯罪行为必须造成构成要件所预定的犯罪结果,才会构成犯罪。 The result violates the most classical example is the homicide, must create the legal result, will commit this crime. 结果犯最经典的例子就是故意杀人罪,必须造成了法定的结果,才会构成这个犯罪。 „In attempted situation meets the mitigated punishment, in brief makes others decide.” “未遂的情况下会减轻处罚,总之让人家自己决定吧。” side Dazhuang said tired, made the telephone call very much satisfied, took Zhou resolute the red packet, this continued to work. 方大状说累了,很是满意地挂掉了电话,又收了周毅的红包,这才继续工作。 But here, Zhou resolute was of quick the result consulting to tell opposite pass/test Yan. 而这边,周毅则很快将咨询到的结果告诉了对面的关雁。 „Warning? Extorts?” “报警？敲诈勒索？” Here pass/test wild goose is also a face compels ignorant, Zhou resolute can also think probably little, but pass/test Yan, that has not really thought. 这边的关雁同样是一脸懵逼,周毅大概还能想到一点点,但是关雁,那是真的一点都没想到。 Because in the normal person eyes, the opposite party did not threaten, how to commit the crime? 因为在正常人眼里,对方不就是威胁了一下,怎么就会构成犯罪了呢？ Naturally, Zhou resolute also said that whether really commits the crime, but must look at the judgment of judicial organ. 当然,周毅也说了,是否真的构成犯罪,还得看司法机关的判断。 Also must look at how she chooses, if gave money, perhaps that really may constitute to extort the crime. 还要看她怎么抉择,如果把钱给了,那或许真的有可能构成敲诈勒索罪。 In this crime has important one, through the malicious threat, making the opposite party have the dread. 这个罪里面有很重要的一条,就是通过恶意威胁,让对方产生恐惧心理。 Then punishes the property under this dread. 然后迫于这种恐惧心理而处分财产。 „To extorts, I can tell you, this was side Dazhuang said that your red packet I also gave side Dazhuang, yourself thought.” “对就是敲诈勒索,我可以告诉你,这是方大状说的,你的红包我也给了方大状,你自己想吧。” Unexpectedly is the consultation that side Dazhuang makes! 居然是方大状做的咨询！ Closed the wild goose to start hesitant, the opposite party threatened gives 5000, did not give sues her, did she fear, normal did not fear. 关雁开始犹豫了,对方威胁说给五千块,不给就去起诉她,她怕不怕,正常来说是不怕的。 Because own going was stolen, did not say oneself to him. 因为自己的外卖被人偷,又不是说自己给他的。 However the opposite party is chatting said that said that pass/test Yan is intentionally, wants to injure someone, therefore oneself should also probably...... the fear? 但是对方在聊天中说了,说关雁是故意的,就是想害人,所以自己好像也应该……害怕？ This little while pass/test Yan a little envied Zhou resolute on the contrary, the opposite party delivered without hesitation, but she is considering some consequences. 这会儿关雁反倒有点羡慕周毅了,对方把人送进去毫不犹豫,而她则在考虑一些后果。 How can I say, after all is the neighbor. 咋说呢,毕竟是邻居。 Finally at this time, the cell phone made a sound, one pile of pictures of sent, has voices. 结果就在这个时候,手机又响了,一堆的照片发了过来,连带着的还有一条条语音。 Opens has a look, is the neighbor in building, what his can send is pouting of his son becomes the appearance of sausage. 打开看看,还是楼上的邻居,他这会发的是他儿子的嘴肿成香肠的样子。 The point opens the voice, immediately angrily roars to resound. 点开语音,顿时一个怒吼响起。 „What you are intentional is, you know that is going that my son takes, intentionally therefore you make is so spicy, the normal person will eat that spicily? Before never had!” “你就是故意的是吧,你知道是我儿子拿的外卖,所以你故意弄的那么辣,正常人会吃那么辣的吗？以前从来没有！” „Also, you really do not give right, I told you, I have consulted the attorney, should you shoulder the responsibility!” “还有,你是真的不给对吧,我告诉你,我已经去咨询律师了,就是应该你来承担责任！” „Knows that what is the civil tort? You hurry, either comes the payment, either gives me money, otherwise, I sue you today!” “知道什么叫民事侵权吗？你赶紧的,要么过来交钱,要么把钱给我,否则,我今天就去起诉你！” „When the time comes you must compensate may not be now this, moreover your even is the crime, knows?” “到时候你要赔的可就不是现在这点了,而且你这样子甚至是犯罪,知道吗？” „I am read everyone am a neighbor, therefore said to discuss with you, if your also such, I told you, if I reported to the police, you will unable to eat to capture!” “我是念大家都是邻居,所以才和你好说好商量,要是你还那样子,我告诉你,要是我报警了,你会吃不了兜着走！” „When the time comes was imprisoned is not quite attractive!” “到时候坐牢就不太好看了！” The words hear pass/test Yanzhi god one after another. 一句一句话听得关雁直愣神。 She has an misconception, probably this matter was really makes the mistake was the same. 她有种错觉,好像这件事真的是自己做错了一样。 Own going was stolen, others eat to have problems, then now probably is own mistake! 自己的外卖被偷了,别人吃出了问题,然后现在好像都是自己的错！ If not and resolute has consulted ahead of time, she felt that this world did not have the law. 如果不是和阿毅提前咨询过,她都感觉这个世界没有法律了。 Actually do their brains how think? 他们的脑子究竟是咋想的？ Has flash that pass/test Yanzhen wants to return to one, you know that what does not extort. 有那么一瞬间,关雁真的想回一句,你知道什么叫敲诈勒索不。 Since , others simply had not worked as himself the neighbor like this even probably, oneself why. 那既然这样了,就算了吧,人家好像根本没把自己当邻居,那自己又何必呢。 These was owing you like the life in money, then in your extremely difficult time not also „relative”. 正如同生活中那些欠了你钱,然后在你极其困难时候都不还的“亲戚”。 The men, everyone is attaches importance to face, taking advantage of money, is thinking that is a relative, is giving a thought to this relations, do not open mouth good that wants. 男人嘛,大家都是好面子的,借出去钱了,都想着那是亲戚,顾着这点关系,还是不要张嘴要的好。 Finally, others draw cash probably forget, you were very even difficult, various types suggested him, he has not been serious. 结果呢,人家好像拿了钱就忘还了,你就算是很困难了,各种暗示他,他都没有当回事。 When you cannot bear come to want finally, trades is actually others a few words, this money you as for! 等到你终于忍不住上门去要,换回来的却是人家的一句话,就这点钱你至于嘛！ You must have no consideration for face, others do not give, said that is the relatives, but also comes to ask for money anxiously. 你要撕破脸,人家更是不给,说都是亲戚,还巴巴地上门要钱。 What? Your difficulty? Others do not listen. 什么？你的困难？人家根本不听。 Therefore you should realize at this kind of time, others have not worked as the relative you from the start, you why. 所以在这种时候你就应该意识到,人家心里压根没把你当亲戚,那你何必呢。 What to do should what to do, the blood brothers clearly do accounts, lends the person, pays attention good of eye. 该咋办咋办呗,亲兄弟都明算账呢,给人借钱,多留点心眼的好。 pass/test Yan looks at the cell phone to smile. 关雁看着手机笑了。 Immediately on the face had the smile to send out a few words. 随即脸上带着笑容发出了一句话。 „No, Uncle Zhang, I gives, I do not return good, 5000, I give, do not report to the police do not sue, I give......” “别,章叔叔,我给,我给还不行嘛,五千块是吧,我给,你别报警别起诉,我给……” I am afraid very much, I was daunted by your threat, therefore I decide to money, deft to money, only asked you do not sue, do not report to the police. 我很害怕,我被你的威胁吓住了,所以我决定给钱,麻利的给钱,只求你不要去起诉,不要报警。 The man who the hospital, is called Uncle Zhang is smoking outside, his wife is taking care of the child in inside. 医院,被叫做章叔叔的男人正在外面抽烟,他老婆在里面照顾着孩子。 Going where the son takes, his gate is clear. 儿子从哪里拿的外卖,他门清。 Even before once he saw the son with going of downstairs that miss, behind also said one superficially. 甚至之前有一次他都看到了儿子拿楼下那姑娘的外卖,后面也只是不痛不痒地说了一句。 Goes in any case, is not anything. 反正一份外卖而已,也不算什么。 After all this is a son, several generations of sole lines of descent, then from the older generation to them is various favoring, goes with. 毕竟这是儿子,几代单传,那从老一辈到他们都是各种宠,拿个外卖而已。 The result has not thought after this time ate, had problems. 结果没想到这次吃了之后出问题了。 Directly that mouth swells same did not say with the sausage, nausea, vomit, distension of the abdomen abdominal pain and so on symptom. 那嘴直接肿的和香肠一样不说,还有恶心,呕吐,腹胀腹痛之类的症状。 The doctor said that eats the symptom of poisoning that the excessive hot pepper caused. 医生说是是食用了过量辣椒导致的中毒症状。 Here must explain how does not mean the hot pepper, because the short time eats the symptom of poisoning that many hot pepper had. 这里要说明,并不是说辣椒咋样,而是因为短时间食用了过多辣椒出现的中毒症状。 We know, regardless the dosage discussed the toxicity is to play the hooligan. 我们都知道,抛开剂量谈毒性就是耍流氓。 The founder of contemporary toxicology, that big shot had said that in some sense, all things include the toxin, nothing is completely non-toxic. 现代毒理学的奠基人,那位大佬曾经说过,从某种意义上来说,所有东西都含有毒素,没有什么东西是完全无毒的。 Simplest drinking water, your short time drinks water many can swim the poison, you definitely cannot say that pours water is poisons. 最简单的喝水,你短时间喝水过多都会水中毒呢,你肯定不能说给人倒水就是投毒吧。 Therefore in confirmed with the son going that takes after downstairs there, he walked in directly. 于是在和儿子确认了就是从楼下那里拿的外卖之后,他直接就找上门了。 What finds the attorney, how he possibly finds the attorney, went to hundred degrees celsius, then said directly. 什么找律师,他咋可能找律师呢,就是去百度了一下,然后直接去说的。 He felt, the son ate your going to eat to have problems, whom you were not responsible for being responsible. 他就觉得,儿子是吃了你的外卖吃出问题的,你不负责谁负责。 What? Does my son take secretly? 什么？我儿子是偷拿的？ This already others selective neglected, the opposite party does that intentionally, on the hundred degrees celsius said that must ask her to ask for money. 这早已经被人家选择性的忽略了,对方就是故意这么做的,人家百度上说了,就得找她要钱。 Wants for the first time, has not thought that so will be for the second time smooth. 第一次要没要到,没想到第二次会这么顺利。 „Ok, you hit now money, I ensure does not sue!” “行啊,你现在把钱打过来,我保证不起诉！” Said that these words shortly , that side pass/test Yan direct WeChat transferred accounts, transfers 5000 to come. 说完这句话没多久,那边的关雁直接微信转账,转了五千块过来。 Zhang Guohua was comfortable immediately. 章国华顿时舒服了。 Was colored 5000 regarding the medical expenses, who knows that he in any case what wanted was 5000. 至于说医药费是不是花了五千,那谁知道呢,反正他要的是五千。 „little pass/test, your Uncle Zhang did not say that must want this money, mainly your matter does not know very much typically, works as the long lesson, 5000 not many......” “小关,你章叔叔也不是说非得要这个钱,主要你这个事做的很不地道知道吧,就当长个教训,五千块也不多……” Receives money, that will speak some bullshits naturally. 收了钱,那自然而然会说一些屁话。 pass/test Yan looks that by account transfer that the opposite party gathers instantaneously, hehe smiles. 关雁看着被对方瞬间收取的转账,呵呵一笑。 5000 many that you also want anything. 五千块不多那你还要什么。 Handled, today has a look at the time already not early, that fixes the evidence, early tomorrow morning reported to the police! 搞定了,今天看看时间已经不早,那就固定好证据,明天一早去报警！ However in order to be safe, first asks others, looked that this can be the evidence, after all she heard before, the chat record of WeChat probably in serving as the evidence has the limit. 不过稳妥起见,还是先问问别人,看这能不能作为证据,毕竟她之前听说,微信的聊天记录好像在用作证据上有限制。 However this is not good to ask again Zhou resolute, thinks, right, week of goddess! 但是这个就不好再问周毅了,想了想,对哦,还有周女神呢！ ............ ………… Next morning, pass/test Yan asked for leave directly, takes taxi to arrive at the recent police station, walked directly. 第二天一早,关雁直接请假,打车来到了最近的派出所,径直走了进去。 „Police comrade, I was extorted 5000 by my neighbor.” “警察同志,我被我的邻居勒索了五千块。” ? Police comrade who is responsible for receiving gawked, this point talent just went to work, this people reported to the police, but gets up reports to the police on the spot. 啊？负责接待的警察同志愣了一下,这个点才刚刚上班,这就有人报警了,而起还是现场报警。 „Miss do not worry, sits to say slowly,, I must remind you, reported the false alarm, but must shoulder the legal liability!” The police little elder brother looks that front young miss said. “姑娘别着急,坐下来慢慢说,还有,我得提醒你,报假警,可是要承担法律责任的！”警察小哥看着面前的年轻姑娘道。 „Comrade, I am not the report false alarm, I have the evidence!” pass/test Yan makes a fear the appearance to say. “同志,我不是报假警,我有证据！”关雁做出一副害怕的样子道。 Has saying that opens was too right, a prettier woman who shameless his mother said that will deceive people. 不得不说,张无忌他妈说的太对了,越漂亮的女人越会骗人。 Although pass/test Yan did not deceive people, the appearance that but she set was very lifelike...... 虽然关雁并不是骗人,但她做出的样子还是很逼真…… Unexpectedly the evidence, the police little elder brother took the cell phone to start to glance through inside chat record. 居然还有证据,警察小哥拿过了手机开始翻阅里面的聊天记录。 But pass/test Yan starts to tell matter that oneself experience. 而关雁则开始讲述自己遇到的事。 „Comrade, is this, I selected one to go, the spicy hotpot, was stolen, because I liked eating spicily, therefore in that was abnormal spicy......” “同志,是这样的,我点了一份外卖,麻辣烫,被偷了,因我喜欢吃辣,所以那里面是变态辣……” Jokes aside, an importance of experience rich attorney, did not say to a great extent after your crime was grasped how can. 说真的,一个经验丰富律师的重要性,很大程度上不是说在你犯罪被抓了之后能咋样。 In our, criminal offense actually many people should know, discuss Dianzhen has not imagined so many. 在我们这,刑事犯罪其实很多人都应该知道,辩点真的没有想象中那么多。 However, the experienced attorney can actually make you before coming across the issue, provides for a rainy day! 但是,经验丰富的律师却可以让你在遇到问题之前,就未雨绸缪！ Zhang San has not said that he can make the perfect crime to come, will not be punished by the law. 张三不是说过嘛,他可以做出完美的犯罪来,而且还不会受到法律的惩罚。 Knowledge thing, is really the strength. 知识这东西,真的是力量。 Listened to pass/test Yan narration, in addition that proof strength extremely strong evidence, the little elder brother is not calm. 听了关雁的讲述,再加上那证明力极强的证据,小哥不淡定了。 This is equivalent to anything, this is equivalent to the merit places at present! 这相当于什么,这相当于把功劳放在眼前啊！ Hurries to shout the leader, after full investigation 赶紧把领导喊出来,经过充分的调查 After several hours, in pass/test Yan the hand took the reporting receipt to walk, on the face the appearance of that young female student vanished instantaneously. 几个小时后,关雁手里拿着报案回执一路走了出来,脸上那副小女生的样子瞬间消失。 This probably is the life. 这大概就是人生吧。 Life such variable, for example Li Hua of Jingzhou, after undergoing the trial, condemns to imprison, suspends sentence for eight months. 人生就是这么的无常,比如京州的李华,经过了审判之后,判处拘役,缓刑八个月。 Regarding this ruling, Li Hua decided that does not appeal. 对于这个判决,李华决定不上诉。 Goes out of the court, Li Guoliang and his wife look that week that really extremely thanked joyfully. 走出法院,李国良夫妻看着周欣然那真的是万分感谢。 „Attorney Zhou, anything did not say that you are the savior of our family/home, has not thought that this magnificence Huadu did not need to be imprisoned.” “周律师,啥也不说了,你就是我们家的救命恩人,没想到这次华华都不用坐牢了。” „Yes Attorney Zhou, did not need to be imprisoned to be good, magnificence magnificence, has not thanked Attorney Zhou quickly.” “是啊周律师,不用坐牢可太好了,华华,还不快谢谢周律师。” Li Guoliang looks around Li Hua dao. 李国良看着旁边的李华道。 Li Hua sets an appearance of thanks to say again: „Thanks Attorney Zhou.” 李华再次做出一副感谢的样子道:“谢谢周律师。” „Is all right.” The week showed the smile joyfully: „This is I should do, but I need to remind, the suspension of sentence, did not say was all right completely.” “没事没事。”周欣然露出了笑脸:“这是我应该做的,不过我需要提醒一下,缓刑,可不是说完全没事了。” „Needs to conduct the community rectification, must coordinate the work of our community rectification personnel to know well.” “需要进行社区矫正,一定要好好配合咱们的社区矫正人员的工作知道吗。” „If during you suspend sentence , the crime, who could not rescue.” “要是你缓刑期间犯罪了,那谁来都救不了。” Zhou Xinran is reminding diligently. 周欣然在努力地提醒着。 Opposite Li Guoliang carelessly un, said immediately must go back to treat, the celebration daughter is all right. 对面的李国良胡乱的嗯了一声,随即就说要回去请客,庆祝女儿没事。 „in this period of time this matter presses in my chest, solves finally now, must celebrate!” “这段时间内这件事压在我的心口,总算现在解决了,必须庆祝一下！” „Attorney Zhou, together?” “周律师,一起？” „Doesn't use, I first went back, matter.” “不用不用,我就先回去了,还有事。” The ruling was completed, the contract of bailment has fulfilled. 判决完成了,委托合同就已经履行完了。 Zhou Xinran prepares to go back to summarize, she said that how oneself have possibly met the non- common people. 周欣然准备回去总结一下,她就说嘛,自己怎么可能一直遇不良人。 You looked that this time case is not very normal. 你看这次的案子不就很正常嘛。 The week returned to the law firm joyfully, the time was flowing as before, not, because somebody will stop the footsteps. 周欣然回了律所,时间则依旧在流淌,不因为某个人就会停下脚步。 The Zhou's second video came. 周某人的第二个视频出炉了。 Although was sentenced the suspension of sentence, but also was delivers, was the parents is most mainly reasonable. 虽然被判了缓刑,但也算是送进去了,最主要是人家父母通情达理。 The video sends out, naturally brought in an audience master's disaffection, everyone said, facing this person, should not forgive her! 视频发出,自然引来了一种观众老爷的不满,大家纷纷表示,面对这种人,就不应该谅解她！ Should make her be imprisoned! 就应该让她坐牢！ Naturally, no one knows, should very happy Li Hua, after going home, closed/pass oneself in the room. 当然,谁也不知道,应该很高兴的李华,回到家之后就把自己关在了房间里。 Probably is this period of time continuously outside reason, reason that does not need to be imprisoned probably, before sat the experience on regret chair with having a dream to be the same. 大概是这段时间一直在外面的原因,大概是不需要去坐牢的原因,之前坐在后悔椅上的经历就和做梦一样。 But now, Li Hua felt oneself were all right. 而现在,李华觉得自己没事了。 „Why in this world will have to plan such deep man!” “这个世界上为什么会有算计这么深的男人！” In the evening leads to inform to see the customer, Chapter 3 may not have. 晚上领导通知去见客户,第三章不一定会有。 Thank opens up wasteland to triumphal return, martial writing long bow, shallow, if said that double, book friend 2021, thank hitting of several brothers to enjoy, thanks. 感谢开荒凯旋,武文长弓,浅若兮云,double,书友2021,感谢几位兄弟的打赏,谢谢。 ( This chapter ends) (本章完)