Village Live: Start as a Genius Lawyer

The young host continued: "Now the plaintiff, Fang Xiaoming, and the defendant, Fang's biological mother, how will the two be convicted and sentenced? Lawyers for both sides should start their defense!"

After Jiang Xiaobai heard about this case, he gasped. There was no cerebral thrombosis for 20 years, so he probably couldn't think of such a complicated case.

The TV series I have watched before have not been so exciting.

However, the students in the audience seemed to be very excited. This kind of fairy question can always arouse everyone's infinite thirst for knowledge.

The representative of the plaintiff's lawyer, Fang, is a handsome boy, and he said, "From this case, we can see that Xiao Ming has been a victim from the beginning to the end. He married the daughter of the coal boss, but found that the identity of the other party seemed to be very strange.

From the beginning to the end, we believe that the defendant first committed the crime of child abduction and trafficking. This is beyond doubt. In addition, as a wronged woman, prostitution and whoring are illegal. "

It suddenly sounded reasonable and well-founded, and everyone present nodded. In fact, people with strong logical ability can easily sort out the interpersonal network relationship.

The lawyer for the defense is a beautiful girl whose role is to defend the biological mother.

"As the plaintiff, in my opinion, he has also committed the crime of abducting and trafficking women, and his experience is indeed bloody, but I think everyone should pay more attention to the relationship between the coal boss's daughter and the coal boss.

So this case looks complicated, but in fact, within the scope of illegality, it is all carried out around the word abduction and trafficking. We believe that in terms of subjective malice, the two sides still have differences.

The biological mother abducts and sells her son because she is forced by the environment and is forced to abduct and sell her son. However, the son subsequently abducts and sells his mother with obvious subjective malice. If he wants to sell it for a good price, he should be given a heavy sentence. "

The girl answered neatly and quickly won the applause of the students present.

The old teacher sat on the judge's seat, adjusted his glasses, glanced at the auditorium, and asked, "Do you have any other opinions? You can stand up and discuss."

A fat man stood up and said: "The coal boss takes in minors to dig coal, which should constitute the crime of illegally employing child labor!"

A skinny man stood up and said, "Xiao Ming's adoptive mother should also be a human trafficker, and the buyer should be guilty of the same crime."

A man who was neither fat nor thin stood up and said: "Whether there is a crime of rape or abduction between the coal boss and her daughter, and whether it involves illegal raising is also worth investigating."

Everyone talked a lot, but the old teacher seemed not satisfied.

"Everyone's guess is correct, but one thing everyone needs to understand is that the law always pays attention to evidence, before considering whether the trafficking of the two constitutes a criminal fact.

It must be understood whether the circumstances and elements of the case itself meet the definition of the case. Now I need a classmate to serve as a judge. Has anyone volunteered?
If you were a judge and this case really existed, how would you judge these crimes, and would you be willing to bear the corresponding legal responsibility for your possible misjudgment.

If the sentence is fair today, I am willing to protect this classmate for postgraduate study. If the sentence is unfair, I need to repeat the grade for another year. "

As soon as these words came out, everyone present was silent.

No one is willing to take this risk. Although the temptation is great, if you are not careful, you will repeat the grade. This is no joke.

However, some people are not afraid of this risk.

Jiang Xiaobai raised his hand. To be honest, he really wanted to experience what it was like to be a judge in the courtroom.

Seeing someone standing up, the old teacher nodded in relief, and gave up his seat to welcome Jiang Xiaobai.

Jiang Xiaobai strode up confidently, stood up straight, and said to the hundreds of faces present: "Hi everyone, let's continue today's trial, and everyone has heard the statements of both sides in the case just now.

But before I pronounce the sentence, I need to add a little definition about mutual abduction.

In this case, the most obvious criminal feature is based on the fact that Xiao Ming's mother abducted Xiao Ming, and Xiao Ming abducted Xiao Ming's mother.

So let's first understand a little bit, is it considered abduction if parents sell their children?

According to our daily law enforcement guidelines, if parents sell their own children, the public security department will confiscate the illegal gains and impose a fine.

If it constitutes a crime, it should be investigated for criminal responsibility in accordance with the law. The constituted crime mentioned here refers to the crime that violates the provisions of the criminal law by selling one's own child, and is a crime that is regulated by the criminal law, such as the crime of abandonment.

To constitute the crime of abducting and trafficking children, even if they are biological children, they need to have one of the six situations stipulated in the "Criminal Law" to constitute a crime.

According to the relevant provisions of the "Criminal Law", abduction and trafficking of women and children refers to one of the acts of abducting, kidnapping, buying, selling, transporting, and transferring women and children for the purpose of selling, which constitutes the crime of abducting and trafficking women and children.

It can be seen that the crime of abducting and trafficking in children is limited to the above six objective acts, and does not include selling one's own children as a crime of abducting and trafficking in children.

Buying children can be bought from other traffickers or relatives of the victim.

Trafficking is the reselling of a child in possession to another person.

Picking up refers to those who are responsible for hiding, guarding, and transferring vehicles and ships during the process of child abduction. death penalty.

In this case, the biological mother's behavior of betraying Xiao Ming was only suspected of child abduction and trafficking, which is a joint crime. Generally, criminal responsibility is not pursued, and illegal gains can be confiscated and a fine can be imposed, unless the circumstances at the time are bad and can be punished as the crime of abandonment, but Obviously, it seems that the crime of abandonment is not sufficient in the current situation.

Next, let's look at the experience of the birth mother. Xiao Ming subjectively and deliberately kidnapped the birth mother and sold it to Dongguan. Before the incident, Xiao Ming did not know that the person in front of him was the birth mother. constitutes the crime of trafficking in women. "

After Jiang Xiaobai finished speaking in one go, the old teachers in the audience were all stunned.

"But if you want to judge, you can't make a rash decision. We still need to confirm when Xiao Ming abducted and trafficked his biological mother.

According to the "Criminal Law", if the statutory maximum penalty is less than 5 years of fixed-term imprisonment, the statute of limitations for prosecution is 5 years.

If the statutory maximum penalty is fixed-term imprisonment of 5 to 10 years, the statute of limitations for prosecution is 10 years.

If the statutory maximum penalty is fixed-term imprisonment of more than 10 years, the statute of limitations for prosecution is 15 years.

If the statutory maximum penalty is life imprisonment or the death penalty, the statute of limitations for prosecution is 20 years.

As for the birth mother, it has been too long since Xiao Ming grew from a child to an adult, so he mainly focuses on criticism and education, and no longer pursues responsibility.

To sum up, only by being more rigorous in this case can the most accurate judgment be made, thank you everyone! "