Uncover the lies and look at the legal knowledge behind
As the first domestic female polygrapher's criminal investigation short drama "The True Detective of Lies", it mainly tells the criminal police such as Ling Ran and Chen Hu of the Criminal Investigation Detachment of Bincheng City who used torture detection technology to investigate and crack a series of criminal cases in a short period of time. Wonderful story.
No lie is a reason to hide the truth. Justice will never be absent. The truth covered by a lie will one day be completely revealed.
In this issue of [Following Drama and Learning Law], Ren Zhanmin, a member of the "Rules of Law Daily" lawyer expert database and the executive director of Beijing Guanling Law Firm, will take us with us to understand the legal issues behind the confusing case.
Scene 1: Zhou Ruojun couldn't bear the long-term domestic violence and killed her husband Zhu Xiaodong with 19 consecutive stabbings.
However, with the in-depth investigation of the polygrapher Ling Ran, a deeper truth was revealed-domestic violence was only the appearance, and Zhu Xiaodong had been sexually assaulting the daughter of Zhou Ruojun and her ex-husband, and also photographed the crime. video.
What laws did Zhu Xiaodong's actions violate?
Domestic violence is an illegal act explicitly prohibited by the laws of our country. If the perpetrator commits domestic violence and constitutes a violation of public security management, public security management penalties shall be imposed according to law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
If Zhu Xiaodong abuses family members for a long time, the circumstances are bad, and he is suspected of constituting a crime of abuse.
In addition, the Criminal Law stipulates that anyone who rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Whoever commits adultery with a girl under the age of 14 shall be punished severely as rape.
Whoever rapes a woman or rapes an underage girl shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or the death penalty: (1) rape of a woman or rape of an underage girl with a bad circumstance; (2) rape of a woman or rape of many underage girls; 3) Public rape of women or underage girls in public; (4) Gang rape of two or more persons; (5) Rape of underage girls under the age of 10 or causing harm to the underage girls; (6) Causes the victim to be seriously injured or killed or cause other serious consequences of.
Zhu Xiaodong sexually assaulted Zhou Ruojun's daughter and was suspected of committing rape.
Scene 2: Miao Xiuli, the nanny of Professor Wang Zongwang's family at Binjiang University, accidentally fell off the building and died.
Subsequently, the police contacted the father of the deceased and learned that Miao Xiuli and Wang Zongwang had a child in their hometown.
Through a polygraph test, Ling Ran learned from Wang Zongwang that his daughter Wang Guang rejected his child Miao Xiuli in every possible way.
Wang Guang also emphasized that his father's property should belong to him. Before the incident, Wang Guang disagreed with Miao Xiuli and Wang Zongwang and insulted Miao Xiuli.
Does Wang Guang think that his father's property is his own reasonable?
Does she have the right to interfere with her father's marriage?
Wang Zongwang has the right to distribute his own property, and his children are not entitled to interfere with the parents' disposal of personal property.
According to the Civil Code, inheritance is inherited in the following order: (1) First order: spouse, children, parents; (2) Second order: brothers and sisters, grandparents, and maternal grandparents.
The children here include children born in wedlock, children born out of wedlock, adopted children and dependent stepchildren.
Parents include biological parents, adoptive parents, and stepparents who have a supporting relationship.
In addition to Wang Guang's daughter, Wang Zongwang also had children born to Miao Xiuli. Although they were born out of wedlock, they enjoyed the same inheritance rights to his father's property.
At the same time, the Civil Code stipulates that my country implements a marriage system featuring freedom of marriage, monogamy, and equality between men and women.
Protect the lawful rights and interests of women, minors, the elderly, and the disabled.
Wang Guang has no right to interfere with his father's marriage.
Scenario 3: A van spontaneously ignites, and the deceased's information is basically consistent with the information of the owner, Liu Yihui.
However, an on-site investigation revealed that the accident may have been a murder disguised as an accident.
After the visit, Ling Ran believed that the landlord's sixth brother had a major suspicion.
After investigation, it was determined that Liu Yihui came to Bincheng many years ago and deliberately concealed his personal information as "six brothers". Because of the extremely simple social relationship, it was convenient to use this to kill people and burn cars and create the illusion of auto-ignition, thereby defrauding high insurance money.
How will Liu Yihui be punished for his actions?
The Criminal Law stipulates that in one of the following circumstances, insurance fraud activities are carried out, and the amount is relatively large, and the penalty shall be fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge or there are other serious circumstances, the punishment shall be imposed. Fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is particularly large or there are other particularly serious circumstances, a fixed-term imprisonment of more than ten years and a fine of more than 20,000 yuan and 200,000 yuan The following fines or confiscation of property: (1) The policyholder deliberately fabricates the subject matter of insurance and defrauds insurance money; (2) The policyholder, the insured or the beneficiary fabricates false reasons for the occurrence of the insurance incident or exaggerates the extent of the loss to obtain insurance by fraud (3) The policy holder, the insured or the beneficiary fabricates an unoccurring insurance incident and defrauds the insurance money; (4) The policy holder or the insured deliberately causes the insurance incident for property loss and defrauds the insurance money; 5) The applicant or the beneficiary deliberately caused the death, disability or illness of the insured, and defrauded the insurance money.
If any of the acts listed in items 4 and 5 of the preceding paragraph constitute other crimes at the same time, they shall be punished in accordance with the provisions on the combined punishment of multiple crimes.
Liu Yihui’s actions were both guilty of intentional homicide and insurance fraud, and they belonged to other serious circumstances in the insurance fraud crime. He was punished for multiple crimes and may be sentenced to more than ten years of fixed-term imprisonment, life imprisonment, and death.
Scene 4: Chen Hu was kidnapped by the suspect Xue Tao during the investigation. Ling Ran discovered that Xue Tao's modus operandi was the same as that of his father's murder many years ago.
Ling Ran’s father was investigating a serial homicide case. He recorded in his notebook the suspect’s age characteristics, his usual criminal tactics and other evidence. The criminals killed Ling Ran’s father, took the notebook, and disappeared for 12 years. .
Xue Tao not only kidnapped Chen Hu, but also killed Ling Ran's father. How should he be convicted?
Xue Tao's kidnapping of the police violated both the crime of obstructing official duties and the crime of kidnapping.
In addition, the act of killing Ling Ran's father constituted a crime of intentional homicide, and he should be punished for the above acts.
The Criminal Law stipulates that anyone who kidnaps another person for the purpose of extorting property, or kidnap another person as a hostage, shall be sentenced to more than ten years imprisonment or life imprisonment, and shall be fined or confiscated; if the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. , And fined.
Whoever commits the crimes mentioned in the preceding paragraph, kills the kidnapped person, or intentionally hurts the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and confiscated property.
At the same time, it is stipulated that those who use violence or threats to obstruct the performance of their duties in accordance with the law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or fines.
Luo Congran Hao Yaxin