Although Qiao Moumou used a knife to "robbery" and other behaviors, he objectively used violence to seize other people's property, but subjectively he had no purpose of illegally possessing other people's property. He just wanted to achieve the purpose of entering the detention c

Source: Liuzhou Evening News 2020-05-10 09:04:42 Let me talk about reading times

First, he called the police and falsely claimed that his house was set on fire. Then he beat the police because he wanted to be detained. Then he "robbed" gas station staff with a sickle, smashed pedestrians and car windows... A man in Liucheng County, Qiao Moumou, committed a series of illegal behaviors due to drunken impulse. Recently, the Liucheng County People's Procuratorate prosecuted the man for the crime of obstructing official duties and picking quarrels and provoking trouble.

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Case review

In the early morning of January 2020, 22-year-old Qiao Moumou called the police to report that his house had been set on fire. After the police were dispatched, the police investigated and found that the cause of the fire was actually caused by Qiao Moumou being drunk, smoking and throwing cigarette butts. Therefore, the police gave Qiao a verbal education and warned him not to lie to the police, etc. After handling the matter, the police were preparing to leave the scene.

At this time, something unexpected happened. When the police were about to leave the scene, Qiao Moumou grabbed the policeman's shirt and refused to let him leave, and asked the police to detain him. Upon seeing this, the police asked Qiao to let go, but Qiao refused to listen and suddenly hit the policeman on the face and yelled, "Isn't this enough to detain him for 15 days? Don't leave if you can." Just when the police returned to the police car to get police weapons and prepared to arrest Qiao, Qiao thought that he wanted to go to the detention center but failed, so he took a sickle from home and went out...

Qiao came to the convenience store of the gas station in the nearby highway service area with a sickle in hand and threatened the staff member Lu. , stole more than 800 yuan and two packs of cigarettes, and when the police arrived to arrest him, he held Lu Moumou hostage and threatened the police. He also smashed the window glass of a car Liu drove into the service area and tried to threaten the driver to stop and let him get in the car and escape. When Qiao Moumou took Lu Moumou hostage and returned home, he returned the money and a pack of Zhenlong cigarettes he had robbed to Lu Moumou, took Lu Moumou to his home for about half an hour, released him and called the police to surrender.

Qiao Moumou had the absurd idea of ​​going to the detention center because of impulse after drinking, and then committed a series of irrational behaviors. On the second day after the incident, Qiao Moumou expressed regret, but it was too late.

The prosecutor said

Qiao Moumou's behavior of using violence to obstruct state agency staff from performing their duties in accordance with the law has violated the provisions of Article 277 of the "Criminal Law of the People's Republic of China" and constitutes the crime of obstructing official business; Qiao Moumou's "robbery" and other behaviors with a knife, although objectively he used violence to seize other people's property, subjectively he did not have the purpose of illegally possessing other people's property. , He only wanted to achieve the purpose of entering the detention center by robbing other people's property, and he had returned the main property he robbed to the victim on the way to kidnapping the victim. Therefore, Qiao Moumou's behavior of causing trouble in public places, threatening others with a weapon, arbitrarily damaging other people's property, and disrupting public order is a kind of provocative behavior that pursues mental stimulation and violates the provisions of Article 293 of the Criminal Law of the People's Republic of China, constituting the crime of provoking trouble. In summary, Qiao Moumou should be held criminally responsible for the crime of obstructing official business and the crime of picking quarrels and provoking trouble.