, a very fierce domestic crime film recently is being released. Like "Crazy Stone" and "Hot Pot Hero", this new film also tells the crime story that happened in the mountain city of Chongqing. Compared with the previous Chongqing movie stories, "Risk" does not have the black humor mixed with it in the past, but purely describes the crime, purely portrays the truest side of human nature after losing control, and purely allows the editor to watch the movie. Continuously analyze the criminal behavior of the characters in the drama in the immersive plot.
high-energy spoilers ahead
car repair shop owner Liu Xiaojun is a gambler who is eager to pay his debts. The second-hand car shop owner Lao Wan gave him the idea of stealing and reselling the black car, that is, Lao Wan sold the second-hand car to Zhang Qian. Liu Xiaojun stole the black car back. When Liu Xiaojun was stealing a car, he met his armed kidnapper brothers Xia Tao and Xia Xi. Finally, after Liu Xiaojun escaped by chance, he and Lao Wan found the kidnapped little girl Qiqi in the trunk of a used car.
When Liu Xiaojun planned to send Qiqi home and contacted Qiqi's mother, Qiqi's mother mistakenly thought that Liu Xiaojun was a kidnapper, eager to collect two million ransoms as soon as possible. Faced with a huge amount of money tied up, Liu Xiaojun tricked Qiqi into agreeing to take him to find his father, and planned with Lao Wan to take the money back. Since then, the above-mentioned parties fought for a ransom of two million.
The characters suspected of committing crimes in this film mainly include Xia Xi, Zhang Qian, Xia Tao, Lao Wan, and Liu Xiaojun. The editor decided to analyze their crimes one by one.
1. Xia Tao, Xia Xi, Zhang Qian
were the instigators of the entire kidnapping case, even though Zhang Qian’s criminal motive was to raise the operating expenses for Kiki’s father in good faith, but they hired Xia Tao to blackmail Kiki’s father. Xia Xi’s act of kidnapping Qiqi has already constituted the crime of kidnapping. As the executors of the kidnapping case, Xia Tao and Xia Xi naturally constituted the crime of kidnapping.
Xiaxi is the cold-faced killer in the play. The most popular criminal tool is a shotgun and carries a small amount of ammunition. According to Article 128 of my country's Criminal Law, Xiaxi’s behavior constitutes illegal possession of guns and ammunition. crime.
Xiaxi attacked the criminal police captain with this gun (the identification of the injury could not be determined), and had a gun battle with the police. Obviously constituted a crime of obstructing public affairs.
died from this shotgun and there was Lao Wan. In the second-hand car dealership, Xia Xi forced Lao Wan to find Liu Xiaojun. Lao Wan turned around and grabbed a knife to resist and was shot by Xia Xi. At that time, Xia Xi was holding a shotgun. Even if Old Wanna stabbed him to death while he was not prepared, it was a legitimate defensive behavior. Unfortunately, Old Wan failed. Xiaxi was justified by Lao Wan. Defensive behavior to counterattack, then constitutes the crime of intentional homicide.
After Xia Xi shot and killed Lao Wan, did he set fire to a second-hand car dealership in order to destroy the dead body? Does it constitute a crime of arson?
It depends on whether Xiaxi’s arson is enough to endanger public safety. If the fire spreads to the surrounding buildings and is enough to endanger the safety of people and property around the second-hand car dealership, it constitutes the crime of arson, but in the movie’s scenes It is temporarily unable to determine the surrounding environment of the second-hand car dealer.
In addition, after the death of Xia Tao, Xiaxi shot down the taxi driver and took the taxi to chase and kill Liu Xiaojun. It is also obvious that constituted a crime of robbery, and also had the situation of "robbing with a gun." my country's criminal law stipulates that it can be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty.
2. Lao Wan, Liu Xiaojun
From the time Liu Xiaojun was instructed by Lao Wan to steal and sell the second-hand black car for reselling, Liu Xiaojun embarked on the path of crime. After all, the estimated value of a second-hand black car can still reach the Chongqing city's standard for theft (2000 yuan). The actions of Liu Xiaojun and Lao Wan all constituted theft.
When Liu Xiaojun found out that Qiqi wanted to call the police, Lao Wan tried his best to stop it and said: "Reselling a black car, if you catch it, you will be sentenced to three to seven years." Only in the following plot did you know that Lao Wan had been in because of a black car reselling. According to Article 312 of my country’s Criminal Law, if it is known that the proceeds of crime and the proceeds are concealed, transferred, purchased, sold on behalf of or otherwise concealed or concealed, constitutes the crime of concealing or concealing the proceeds of crime.
Lao Wan said that in the three to seven years, it proved that Lao Wan's reselling of black cars has reached the severity of the circumstances. According to Chongqing's sentencing standards, Lao Wan may conceal or conceal the total value of criminal proceeds of more than 100,000 yuan or conceal or conceal theft. Five motor vehicles were robbed, defrauded, and robbed. In addition, Lao Wan took out a complete set of vehicle documents and packaged the black car into a legal second-hand car and sold it to Zhang Qian. Not to mention whether it involved forgery and the sale of state agency documents. At least Lao Wan’s behavior constituted a crime of fraud (Chongqing City Fraud The standard for filing a case is 5000 yuan).
returned to the protagonist Liu Xiaojun. Facing the high amount of money tied up, he fell into the abyss of desire. While tricking Qiqi into agreeing to take him to find his father, he blackmailed Qiqi’s mother for the money tied up, and finally he succeeded in getting the money. Tied up gold.
Liu Xiaojun’s above behavior constitutes the crime of kidnapping or extortion?
The key point is whether Liu Xiaojun violated Qiqi's will and restricted Qiqi's personal freedom.
First of all, Liu Xiaojun has never used violence or coercion against Qiqi since he met Qiqi. He just deceived Qiqi and agreed to take him to find his father, so that Qiqi willingly followed him out and took to the streets, etc., and Did not violate Qiqi's will, restrict Qiqi's freedom. The crime of kidnapping has the characteristics of using violence, coercion or narcotic methods to hijack or control others with strength.
Secondly, Liu Xiaojun did not intentionally infringe on Qiqi’s personal freedom in subjective purposes. Even he and Qiqi developed a certain relationship because of their close relationship, and his subjective purpose was to blackmail and tie money. Therefore, Liu Xiaojun’s subjective purpose Objective behaviors are more inclined to infringe upon property rather than infringement of personal freedom, so it is more appropriate to characterize as the crime of extortion and .
During this period, agreed to participate in Liu Xiaojun’s money-back plan, but used the trick to violently kidnap Qiqi from Liu Xiaojun’s home, which constitutes the crime of kidnapping.
-Summary-
1. Zhang Qian: kidnapping
2. Xia Tao: kidnapping;
3. Xia Xi: illegal possession of guns and ammunition; kidnapping; 4
z6; zzzz4. Old Wan: theft; concealing and concealing criminal proceeds; fraud; kidnapping5. Liu Xiaojun: theft; racketeering
. Finally, the editor thinks it is expected and reasonable, everyone gets it. In order to match the ending, no legal sanctions were stated, leaving an open ending for the protagonist Liu Xiaojun. After all, the focus of the film is on the complexity of human nature, not on the education of law, but in the editor's opinion, it has already linked the causes and effects of various roles, which is logically imperfect but very complete.
Xia Tao's repeated emphasis on "people are rich" reflects the desire for money. Xia Xi is a cold killer who does not love money but has lofty feelings for her brother Xia Tao. Liu Xiaojun degenerates from the beginning to the final incarnation. The hero, perhaps the police father who died in the line of duty, made the justice in his heart immortal and found himself.
The whole film is full of darkness, violence, and desire, which just presents the truth and complexity of the human heart. There is no absolute between good and evil, and it is difficult to distinguish between good and bad. If there is pure light in the whole film, then it is a little girl.
PS: The case in the film is a criminal case involving minors, and it is the responsibility of the juvenile procuratorial department to transfer to our procuratorial agency!
Source: Whampoa Inspection
