Legal analysis of hacking storm TV series
01
case context
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Mai Zili was killed
(1) First of all, Dong Yao constituted the crime of intentional homicide, and Dong Yao faced the project that he built, and the village could be passed through the village of Mai z3 In the case of the report, the tools and conditions were prepared, the drug was mixed into the kiwi juice, and after he fainted, he took a hammer and hit Mai Zili on the head, causing Mai Zili to die, which constituted the crime of intentional homicide. At the same time, disposing of the corpse after the fact and helping to destroy the evidence is an unpunishable afterthought.
(2) Secondly, Marshal does not constitute a joint crime of intentional homicide, but may constitute a crime of helping to destroy evidence. There was no intention to contact between Ma Shuai and Dong Yao. They did not know that Dong Yao had planned to kill Mai Zili. After Mai Zili was fascinated, Dong Yao committed the act of killing Mai Zili. Ma Shuai was just a bystander and did not harm him. Mai Zili’s behavior therefore does not constitute a joint crime of intentional homicide; because the two placed the body in a woven bag after the incident and instigated Chen Jianbo to bury the body, it constituted a crime of helping to destroy evidence.
(3) In the end, does Chen Jianbo constitute the crime of helping to destroy evidence? I think it constitutes. Chen Jianbo said that he did not know what was buried, but from Chen Jianbo’s performance in the plot, it can be seen that Chen Jianbo knew or should know that he buried a corpse. Even if he did not know who it was, it would not affect the establishment of the crime. Constitute the crime of helping to destroy evidence. At the same time, Chen Jianbo had a certain plot of surrender. Before the public security organs had yet to grasp the true circumstances of the case, he took the initiative to surrender, actively pleaded guilty, and accounted for Dong Yao and Ma Shuai's criminal facts, which constituted surrender.
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Gao He rapes case
(1) Gao He constitutes rape. Gao He uses violent methods to pull women to remote corners, threatens to use violence and other methods, infringes on women’s sexual autonomy and constitutes rape.
(2) His father Gao Mingyuan constituted the crime of bribery, false accusation and intentional homicide. Gao Mingyuan faced his child Gao He's imprisonment, in order to seek a light sentence, commutation and other illegitimate benefits, giving state officials property, constituted a crime of bribery. At the same time, facing the fact that Lin Han, the policeman, discovered that Gao He was Sun Xing, Gao Mingyuan carried out violent acts, killed Lin Han, and forged the fact that he had fallen into the river. He put cash in the trunk of the car to falsely accuse Lin Han of taking bribes. To constitute the crime of intentional homicide and false accusation.
(3) His mother, He Yun, constitutes the crime of bribery, false accusation and perjury. He Yun faced his child Gao He's imprisonment, and in order to seek a light sentence, commutation and other illegitimate benefits, he gave state officials property, which constituted the crime of bribery. Faced with Lin Han’s about to reveal the secrets of his children, his husband first killed Lin Han and put a series of gold coins in Li Chengyang’s cabinet to achieve the purpose of framing Li Chengyang for accepting bribes. He was expelled from the police force, which constituted a crime of false accusation. Later, he instigated Song Tao, a forensic doctor, to falsify Lin Han's autopsy, which constituted the abettor of the crime of perjury.
04
Xu Xiaoshan's case
(1) Whether Xu Xiaoshan constitutes a crime of extortion, I think it constitutes a crime of extortion. After learning that Sun Xing is Gao He’s secret, Xu Xiaoshan told Sun for the purpose of illegally possessing Sun Xing’s property. If Xing does not give money, he exposes the corresponding secrets and poses a certain threat to him. Sun Xing delivers property based on the threat, which constitutes extortion, but the crime of extortion is a reconcilable case. According to the provisions of the Criminal Procedure Law, As stipulated in Chapters 4 and 5 of the Criminal Law's special rules caused by civil disputes, cases that may be sentenced to a fixed-term imprisonment of less than three years can be settled, and the crime of extortion in this case is a case that can be settled.
(2) Sun Xing constituted the crime of illegal detention, intentional injury, and gang rape. When Sun Xing learned that Xu Xiaoshan threatened him, he arrested Xu Xiaoshan, carried out soft violence, poured water into his nose, etc., which constituted the crime of illegal detention. Faced with Xu Yingzi’s plea, Sun Xing asked him to bite the corner of the table, causing his teeth and other injuries, which constituted the crime of intentional injury. At the same time, the act of rape against him by taking turns with his brothers constituted the crime of gang rape, and the presence of other people may constitute public The crime of rape is extremely bad.
(3) Director Hu constitutes the crime of favoritism, bribery, and destruction of evidence. Director Hu’s behavior in seeking improper interests, soliciting or accepting bribes constituted the crime of accepting bribes. At the same time, facing the case of Sun Xing, Sun Xing constituted a certain crime, and Director Hu knew hisRefusal to pursue investigations if guilty constitutes a crime of favoritism. After seeing the corresponding video taken by Xu Xiaoshan, the act of deleting it constitutes the crime of destroying evidence.
(4) Gao Mingyuan and Lao Ning constitute the crime of intentional homicide. Lao Ning and Gao Mingyuan attempted to kill Lin Han 14 years ago, Xue Mei and Chen Jianbo 14 years later.
The plot of the Sweeping Storm TV series is taken from real cases, such as the shocking case of the burial in the playground and the case of Sun Xiaoguo. We must know that literary works depict only the silhouette of reality. The reality may be more complicated, but it is like forbearing ten. Like Li Chengyang, who has been searching for the truth for four years, as long as he is full of faith in his heart and is not afraid of evil forces, he can usher in a bright future. At the same time, don’t underestimate the central government’s determination to build a country under the rule of law. "Sweeping the underworld and eliminating evil" is not only a heroic battle, but also an endless action. After it was over, "sweeping gangsters and evil" moved towards normalization and institutionalization.
