Becoming a lawyer starts with raising a Xiezhi

Chapter 354 What is Instigation
After the meeting, Meng Lang and Liu Hu came out of the detention center. Liu Hu smiled and said, "Deputy officer, why didn't you ask about the details of the rape?"

Meng Lang laughed, "The police asked for the details. How can we ask her? If you're interested, just go back and read the transcript."

Liu Hu chuckled and said, "This Zhang Li looks good, I wonder if we can succeed in getting her bail."

Meng Lang said: "We will try our best to fight for it. If what she said is true, I think we can guarantee success."

The two discussed this matter for a long time, and then went back and helped Zhang Li write a release application for bail pending trial, and handed it over to the police station.

Release on bail is a criminal coercive measure. In fact, it is a kind of criminal measure like detention and arrest, except that it does not require custody.

However, in the eyes of ordinary people, as long as a person comes out of the detention center, they think that the police station has released the person and there is no need to punish him in the future. In fact, this is a wrong understanding. Before the court makes a decision, whether he is detained, arrested or released on bail pending trial, Residential surveillance is the same, and the suspect cannot be found guilty.

These kinds of coercive measures are only to ensure the normal conduct of criminal proceedings.

The detention rate in Tao country is relatively high, but in the judicial system of western countries, unless the heinous crimes, general crimes, as long as the bail is paid, they can basically be released on bail.

In Tao Country, release on bail is only allowed for extremely minor crimes or if the case is controversial and likely to be acquitted.

Meng Lang had helped suspects get bail pending trial many times, some were relatively smooth, while others were somewhat difficult. The police station's considerations were completely different from those of lawyers, so the police station was very picky about lawyers' opinions.

After receiving the application, the chief of the legal department of the police station called him and asked him to come over and listen to his opinions in person.

After receiving the call from the legal section chief, meng lang rushed over immediately.

The head of the legal department was a comrade in his thirties, he looked very upright, he politely asked him to sit down, and discussed the matter of Zhang Li with him.

"Lawyer Meng, you said that Zhang Li did not constitute a crime, but she did instigate Liu to commit a crime. How do you explain this?" asked the head of the legal department.

Meng Lang said: "Instigating a crime is different from the perpetrator. The perpetrator commits the crime himself, while instigating a crime refers to instigating others to commit a crime. This instigation cannot be just a verbal command. There must be a relationship between the instigator and the instigator. There must be another special connection.

For example, if your boss orders you to embezzle public funds, this is not only an order, but also the subordinate relationship between you and the boss. In this case, you may obey his instigation and commit a crime, but if it is not you boss.

For example, if a passerby suddenly says to you, "Go for corruption, corruption will make you rich," he seems to be instigating you, but you may call him a lunatic. I have nothing to do with you, and I will definitely not listen. Yours, and if you really commit corruption, it can only be your own will and cannot be attributed to the instigation of passers-by. If this is the case, some bad trends in society will affect the suspect's will. , There is more than one person who instigated him.

And if the passer-by suddenly says to you, go to embezzlement, if you are corrupt, how much I will give you, then this will form a kind of causal force and play the role of instigation, because there is a relationship between the passer-by and you. If there is no monetary connection, this kind of monetary connection is enough to play the role of instigating, and the subjective viciousness of the instigator is reflected.Or the passer-by is a woman, and she tells you, go to embezzle. If you dare to embezzle, I will marry you and make a promise with my body. This kind of promise of benefits will also serve as an abetment.

In addition, if the instigator does not promise money or other benefits, but just teaches you how to commit a crime, then he will also constitute instigating a crime, because at this time he and you have formed a special relationship of master and apprentice, and the two of you also There is a causal force, and he is also instigating.

However, in this case, Zhang Li and Liu did not form a special relationship that could play a role of instigation.Zhang Li just met Liu on the Internet, and their relationship was not enough to prompt Liu to commit a crime. Zhang Li told Liu that asking him to rob and rape her roommate was just a matter of fact. An act of venting anger when she was chatting with Liu, she didn't really want to implement it.

She did not give Liu enough instigation and stimulation. She did not give him financial encouragement, nor did she want to marry him with her body. She did not teach Liu how to commit crimes. This can also be seen from the aftermath. If she was really To instigate Liu to commit a crime, she could not have stayed in the dormitory and asked Liu to rob and rape her. There could not be such an instigator in the world, instigating others to commit crimes against her, right?

The only reason why Liu went to rape Zhang Li was that he had the intention of committing a crime, and Zhang Li’s abetting behavior just coincided with his thoughts. Therefore, it would be absurd to determine that they were joint criminals. Yes, it is extremely unfair to Zhang Li herself, the instigator should have the ability to control the will of the instigator.

In this case, Zhang Li obviously does not have this ability, and if she does not have this ability, the criminal will of the abetted person is his own criminal will, not the criminal will of the instigator, and I think Zhang Li is innocent , She should be condemned for instigating Liu, but it has not yet reached the point where punishment is required. Chief Zhu, this is my personal opinion. "

After listening to Meng Lang's words, Chief Zhu felt that what he said made sense. The investigators had a somewhat mechanical understanding of the law. If Zhang Li's instigation constituted a crime, then in daily life, sometimes he would say, "If you have the ability, go kill someone." "Ah" or "you can grab it if you have the ability" and other words, it constitutes abetting crime.

When people say these words, it may be a kind of indoctrination of values, such as those gangster movies, which may constitute the instigation of young people and let them go on the road of breaking the law and crime, but it does not constitute the instigation of crimes, because people have self-consciousness, What other people say requires him to make his own choice, and he will not listen to others in everything. Only when there is an unequal relationship between the instigator and the instigated, the behavior of the instigator should be held accountable.

For example, adults instigate minors to commit crimes. Since minors are immature in intelligence and lack the ability to distinguish, if adults instigate minors to commit crimes, even if there is no other money or other incentives, it still constitutes abetting crimes.

Others, if they take advantage of money and hire murderers to kill people, it is a typical abetting crime.

(End of this chapter)