"I went to rob just to come in and go to jail and heal." A ridiculous robbery occurred in Shanghai. Wang Mou is a barbershop apprentice, suffering from "social fear", does not like people around him, he decided

"I went to rob just to come in and go to jail and heal." A ridiculous robbery occurred in Shanghai.

Wang Mou is a barbershop apprentice, suffering from "social fear", does not like people around him, he decided to escape to prison, avoiding the crowd.

Last year Chinese New Year's Eve, Wang, armed with a fruit knife, came to a convenience store with few customers and prepared to carry out "robbery". On-site surveillance showed that he took a cigarette handed by his boss, timidly took two steps back, took out the knife in his pocket, and waved it casually next to him to show "threat". When you're done, say to the boss, "I'm robbing, you call the police!" ”

The boss thought he was joking and ignored it. Wang Mou was helpless, took a cigarette out of the door, the boss "beckoned" him to come back to pay, he "obediently" returned to the store, and then said to the boss " I robbed, you call the police!" As a result, the boss still ignored it, and casually took the cigarette back from his hand and put it on the shelf.

Wang Mou was helpless and walked outside the door to call the police.

After Wang was arrested, the appraisal found that he suffered from "mixed anxiety disorder" and had the ability to limit criminal responsibility, and the procuratorate finally decided not to approve his arrest and decided not to prosecute him. (Source: The Paper, Wang Mou is a pseudonym)

#男子为入狱治 "Social Terror" Knife Robbery#

Is this really so dark and humorous, want to "go to jail for treatment"? "Think beautiful!" Social fear, do not want to be around someone, how did you think of going to prison to "cure the disease"? There are all the people around there, and there are people 24 hours a day, and they are so close that there is no place to escape!

I don't know if Wang Mou felt the difference between "ideal" and reality after being arrested, but during an interrogation by the procurator, he changed his attitude of wanting to go to prison before, saying that he fully realized his absurdity and mistakes, and hoped that the procuratorial organs could give him a chance to reform himself.

However, the joke is a joke, this case is not a joke for Wang's family and Wang's own, or it is necessary to actively treat Wang to prevent self-injury and injury.

In this case, the prosecution ultimately held that Wang was indeed sufficient to constitute the crime of robbery, but only found that Wang had no subjective malignancy, that the social harm of the criminal act was relatively small, and that there were mitigating and mitigating circumstances such as voluntary surrender, admitting guilt and accepting punishment, and obtaining the victim's forgiveness, that the decision not to prosecute was made.

But I don't know if the report doesn't reflect the full case, or if the understanding is different. Personally, I believe that according to the reported incident, Wang Mou should not have constituted the crime of robbery, it is not a crime, and even if he really prosecutes, I am afraid that the court may determine that it does not constitute a crime.

Why?

Because the crime of robbery refers to the act of the perpetrator using violence, coercion or other methods on the spot to forcibly snatch the property from the victim for the purpose of illegal possession, using violence, coercion or other methods.

To constitute robbery, there must be a purpose of unlawful possession, that is, the purpose of appropriating property that does not belong to oneself. Without this purpose, robbery cannot be constituted.

For example, Zhang San owed Li Si 100,000 yuan and never repaid it, one day, Li Si broke into Zhang San's office, pointed a knife at Zhang San, and demanded that Zhang San repay the loan immediately, otherwise he would give Zhang San a "good look". Zhang San was helpless and took out 100,000 yuan from the safe to return to Li Si.

In this case, Li Si's conduct could not be regarded as robbery because it did not have the purpose of illegal possession. However, his threatening behavior with a knife constitutes a violation of public security and requires public security punishment. If it really caused Zhang San to suffer more than minor injuries, it would also constitute the crime of intentional injury.

At the same time, to constitute robbery, violence, coercion or other means must be used on the spot. Violence, coercion or other means here must be sufficient to cause fear in the victim or to make the general public feel coerced. In this case, although Wang also took out a fruit knife, it was only compared, and there was no real meaning to use, nor did it make the boss feel afraid.

Afterwards, the boss even said that he did not treat the incident as a robbery at all, did not feel threatened from beginning to end, and issued a letter of understanding.

Therefore, I am afraid that Wang's behavior will hardly constitute the crime of robbery.

Of course, our analysis is based on the report, and it is not clear whether the real case is completely consistent with the report.

In the whole incident, the procuratorate did a lot of work, and professional psychologists, medical staff, and volunteers set up a "WeChat group for Wang's case work" to grasp Wang's work performance and mental condition at any time, and dynamically adjust the help and education measures for Wang according to the situation. People's supervisors are also invited to participate in public hearings and reviews and listen to the opinions of the public. It is to prevent the incomprehension of the public

And now this discretion not to prosecute, in law, Wang is also innocent, no criminal record, the result is the same. I hope that Wang can actively treat diseases, truly review society as soon as possible, and contribute to society.

What do you think of this case? Feel free to leave a message in the comments section and exchange views with everyone!

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