"We live in modern society, yet he's still threatening to sue and asking for money privately. What a joke! What does he think of the law? He thinks the court is his home!"
"And I have to say, your audience member did a great job too, absolutely flawless. He realized the takeaway was gone and then ordered another one of the same thing. That's really good, and very much my style, haha!"
Mr. Fang on the other end of the phone was talking so excitedly that Zhou Yi was used to it.
Every time Fang Dazhuang encounters something like this, he gets very excited.
This made Zhou Yi feel that he was far behind, because he was still teaching people before.
As a result, in this case, no one could tell that the other party was actually blackmailing. Of course, whether it was a crime or not was something that Lawyer Fang could not be completely sure of.
Because generally speaking, when we judge whether an act or an event is a crime, we will distinguish it based on its constituent elements.
However, in criminal law, it is sometimes difficult to distinguish between crime and non-crime based solely on the constituent elements. In this case, the various judicial interpretations of the Supreme Court must be used.
Mr. Fang kept talking, maybe this is the nature of lawyers?
Anyway, he is very talkative. He can directly derive countless laws from one thing and start a legal education session over the phone.
Every time Zhou Yi faced such a situation, he would have an idea: if he, Zhou Yi, sent this recording out to sell for money, would it constitute a crime?
To be honest, there was a moment when Zhou really had this thought...
But thinking about the fact that the person on the other side is Mr. Fang, I decided to give up.
Isn’t it good to live a good life?
"Actually, you could tell that viewer that she has two options. The first is to call the police and have the case handled as attempted extortion."
"The second option is to pay the money and then report it to the police. They will then treat it as extortion."
One thing that needs to be emphasized here is that extortion is a crime of behavior, not a crime of result!
What is the difference between an act crime and a result crime?
As the name suggests, a crime is committed by acting as long as you commit such an act. In theory, it constitutes a crime.
For example, the crime of extortion. As long as you commit extortion, it is a crime.
However, result crimes are different. They are the corresponding aspect of behavioral crimes and are also called substantive crimes.
That is to say, your criminal behavior must cause the criminal results predetermined by the elements of the crime in order to constitute a crime.
The most classic example of a result crime is intentional homicide, which only constitutes a crime if the statutory result is caused.
"In the case of attempted murder, the punishment will be reduced. Anyway, let them decide for themselves."
Mr. Fang said he was tired, hung up the phone with satisfaction, accepted the red envelope from Zhou Yi, and then continued to work.
On this side, Zhou Yi quickly told Guan Yan on the opposite side the results of the consultation.
"Call the police? Blackmail?"
Guan Yan on this side was also confused. Zhou Yi could probably think of a little bit, but Guan Yan really didn't think of it at all.
Because in the eyes of normal people, the other party just made a threat, so how could it constitute a crime?
Of course, Zhou Yi also said that whether it really constitutes a crime depends on the judgment of the judicial authorities.
It depends on her decision. If she gives the money, it might really constitute the crime of extortion.
One of the most important aspects of this crime is to create fear in the other party through malicious threats.
Then, out of fear, they dispose of their property.
"Yes, it's extortion. I can tell you, this is what Mr. Fang said. I also gave Mr. Fang your red envelope. Think about it yourself."
It was actually Lawyer Fang who did the consultation!
Guan Yan began to hesitate. The other party threatened to sue her if she didn't give her 5,000 yuan. Was she afraid? Normally, she wouldn't be afraid.
Because his takeaway food was stolen, and it wasn’t him who gave it to him.
But the other party said in the chat that Guan Yan did it on purpose and wanted to harm people, so I should also be... afraid?
At this moment, Guan Yan was a little envious of Zhou Yi. The other party sent the person in without hesitation, while she was considering the consequences.
Well, they are neighbors after all.
Just at this moment, the phone rang again, and a bunch of photos were sent to me, along with a number of voice messages.
When I opened it, it was the neighbor upstairs. He posted that his son's mouth was swollen like a sausage.
When I clicked on the voice, a roar suddenly sounded.
"You did it on purpose, didn't you? You knew it was my son's takeout, so you made it so spicy. Would a normal person eat something that spicy? I've never done that before!"
"Also, you really don't want to give it to me, right? I'm telling you, I've already consulted a lawyer, and you should take the responsibility!"
"Do you know what civil infringement is? Hurry up and either come over and pay the money or give it to me. Otherwise, I will sue you today!"
"The compensation you'll have to pay then won't be just this much, and what you're doing is even a crime, you know?"
"I'm only trying to be nice to you because we're neighbors. If you keep acting like that, I'm telling you, if I call the police, you'll be in big trouble!"
"It wouldn't be a good look to go to jail then!"
Guan Yan was stunned by every word he heard.
She had the illusion that she had done something wrong.
My takeaway was stolen, and someone else had problems after eating it, and now it seems like it’s all my fault!
If she hadn't consulted Ayi in advance, she would have felt that there was no law in this world.
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