reached a sex transaction with a woman for 800 yuan. After the event, he realized that the money was owed by Huang to her husband's
Source: the criminal law around him.
[Case] At noon in August 2019, Huang secretly walked to the back window of Liu's house in the same village to peep. Seeing a certain Liu at home and wearing very little clothes, he suddenly became lustful and courageously said in a low voice: "I'll give you three hundred yuan, will you let me come into your house?" Liu was shocked and went to The back window saw Huang from the same village, and said: "No, let my husband know that he will kill me." Huang said, "Here you are 800." Liu couldn't help but shake, and whispered: "Just this time. "So Huang entered Liu's house, had sex with him, and later gave him 800 yuan. In the afternoon, Liu's husband returned home from the outside and asked: "Huang borrowed 800 yuan from me last month. He said he would send it today. Will it be delivered?" Liu Mou listened and instinctively reached into his mouth. Bag, the expression is extremely complicated, and said weakly: "It's here!" Handed over 800 yuan to her husband. The husband said: "Huang is okay, he is very creditworthy." (Adapted from a real case)
Such a case seems to be a joke, but there is such a true reality in real life. After adaptation, the author hides the location and real name, and aims to warn people to be careful about everything through the analysis of the case. The tricks of the liar are extremely clever and there are Time is really hard to guard against.
Huang does not constitute the crime of rape.
Criminal Law Article 236 [Rape] Whoever rapes a woman by violence, coercion or other means shall be sentenced to not less than three years and not more than ten years in prison.
The crime of rape refers to an act in which the perpetrator uses violence, coercion or other means to violate the will of the woman and force sexual relations with a woman.
In this case, the motivation for guiding the woman Liu to have sex with Huang was "800 yuan". After Huang had sex with Liu, he did give Liu 800 yuan, but it was Huang owes Liu’s husband’s debt. To put it plainly, in this case, the woman Liu’s motive was deceived, and the author argues that “the deceived motive is not a crime of rape”.
was deceived because of the motive of the woman Liu. Therefore, when Huang had sex with him, Liu was in a voluntary state. Therefore, when the two had sex, they did not violate Liu's will.
In summary, in this case, Huang does not constitute a rape.
Huang does not constitute a crime of fraud
" Criminal Law" Article 266 [Crime of Fraud] Fraud of public and private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, concurrently or solely with a fine; If the amount is huge or has other serious circumstances, it shall be sentenced to more than three years but not more than 10 years in prison and a fine; if the amount is particularly large or there are other particularly serious circumstances, it shall be sentenced to more than 10 years in prison or life imprisonment, and fined or confiscated. . If this law provides otherwise, follow the regulations.
The crime of fraud refers to the act of deceiving the victim by deceiving or concealing the truth. The victim was deceived and delivered property to the perpetrator based on misunderstanding, and the victim suffered property loss.
In this case, Huang's behavior is fully in line with the causal development process of the crime of fraud. Subjectively, there is also intention to deceive, but Huang still does not constitute the crime of fraud. The reason is that the object of the crime of fraud is property, including both tangible property and intangible property. But in this case, Huang defrauded Liu's guilty self-determination power and was not the object of the crime of fraud. Therefore, in this case, Huang did not Constitute a crime of fraud.
In this case, Huang's so-called "wisdom" is really useless. Although his behavior does not conform to the above two crimes in the criminal law, he will definitely be morally condemned. His perpetrators are despised and his personality is mourning. Exhausted. Liu, a woman who was greedy for petty gains, was eventually deceived and embarrassed.
Dear netizen, do you think Huang's behavior constitutes a criminal act? If it is a crime, what crime should be sentenced?
