I don't know dear citizens
Did you go to the movies during the Spring Festival?
In addition to "Chosin Lake's Pratunam Bridge" and "Miracle"
There is also a comedy that has attracted much attention
That's "This Killer Is Not Calm"
The baggage is constant and the laughter is incessant
With excellent comedic effects
The film became the biggest dark horse
The film "This Killer Is Not Calm" starring Ma Li and Wei Xiang is unfolded by an unsuccessful dragon set actor Wei Chenggong (Wei Xiang), who realizes his lifelong dream of playing a male protagonist who, under the "persuasion" of the big star Milan (Ma Li), accidentally breaks into a dangerous scam.
That's it
An actor thinks he's playing a killer
A group of gangsters thought he was a real killer
All kinds of identity dislocation, fake drama really do
The laughter generated makes people can't help but laugh
But you think this movie only has "hahaha"?
NO!NO!
There are a lot of them in this movie
It is worth learning legal knowledge
Today, Pu Fajun will take you to look at the movie from another angle
(PS: the following contains slight spoilers, read with caution)
01
Gold medal killer Carl (Allen) is hired to assassinate the local gang boss Harvey (Chen Minghao), only to have an accident while shooting, only to injure Harvey's ear with a shot.
Will Karl's attempted killing be mitigated?
Karl is suspected of intentional homicide, and Carl's shooting accident that only injures Harvey's ear is an act that has not been successful for reasons other than the will of the perpetrator, constituting an attempted intentional homicide. Attempted intentional homicide is still pursued as criminal responsibility for intentional homicide, and the punishment may be mitigated or mitigated in comparison with that of the convicted offender.
Law:
Article 23 of the Criminal Law provides:
A crime has been committed and has not been successful for reasons other than the will of the criminal is an attempted crime. For attempted offenders, the punishment may be mitigated or mitigated in the same way as for the completed offender.
Article 232 of the Criminal Law provides:
Whoever intentionally kills person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; if the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
02
Big star Milan and his brother Miller (Wong Cailun) trick a dragon suit actor named Wei Chenggong into pretending to be the killer Carl in the name of filming, wei Chenggong thinks that he can finally play the male number one, but he is not aware of being involved in a real gangster fight.
Is Milan's successful act of deceiving Wei a fraud?
The crime of fraud refers to the act of defrauding a relatively large amount of public or private property for the purpose of illegal possession, using fictitious facts or concealing the truth. Milan did not defraud Wei of success's money, which is not a criminal law fraud. Milan coaxed Wei into posing as Carl in the name of filming, and Wei successfully believed it to be true, and Milan belonged to civil fraud that concealed the truth.
Article 148 of the Civil Code provides:
Where one party fraudulently uses fraudulent means to cause the other party to carry out a civil juristic act against its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
03
After Wei successfully joins the gang as Carl, he is taken by the gang's second boss, Jimmy (Zhou Dayong), to trade guns with others.
Firearms and ammunition are strictly controlled by the state, what is the crime of illegally buying and selling firearms and ammunition?
Illegally buying and selling firearms and ammunition violates the mainland's gun control regulations, and is suspected of the crime of illegally manufacturing, buying, selling, transporting, mailing, and storing firearms, ammunition, and explosives.
Article 125 of the Criminal Law provides:
Whoever illegally manufactures, trades, transports, mails or stores firearms, ammunition or explosives shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
04
It turns out that the employer who originally hired Carl to shoot Harvey was Harvey's subordinate Jimmy, who had always wanted to kill Harvey and then become his own boss.
How is Jimmy's murder sentenced?
Jimmy and Carl constitute a joint crime, Jimmy buys the murderer as the mastermind and belongs to the main culprit, and Carl commits the murder, which is an accessory, and is criminally liable for intentional homicide. If Jimmy and Carl played a basically equal role in the joint crime, they could not distinguish between the main and accessory.
Article 25 of the Criminal Law provides:
A joint crime is a joint intentional crime committed by two or more persons. If two or more persons commit a crime of joint negligence, they shall not be punished as a joint crime; if they should bear criminal responsibility, they shall be punished separately according to the crime they have committed.
05
After the real killer Carl fails to shoot, Jimmy wants to use Wei to successfully help him assassinate Harvey.
Wei Chenggong did not know that he was holding a real gun, thinking that it was just a prop gun for filming, so he shot and injured Harvey, should Wei Chenggong be held responsible?
Wei Chenggong has always thought that he is acting, mistaking a real gun as a fake gun, and should rule out the possibility of intentional homicide. Therefore, it is necessary to judge whether Wei Chenggong is negligent, and if the real gun is mistaken for a fake gun, and there is negligence, the crime of causing death by negligence is established. If there is no fault, it is an accident and does not constitute a crime.
Article 16 of the Criminal Law provides:
Although the act objectively caused the result of the damage, it was not caused by intent or negligence, but by reasons that could not be resisted or foreseen, and was not a crime.
Article 233 of the Criminal Law provides:
Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Where this Law provides otherwise, follow those provisions.
06
After Harvey is injured, Jimmy becomes a gang boss, kidnapping Milan's brother Miller in order to blackmail Milan into marrying him.
Is the marriage valid for forcing someone else to marry?
Milan was coerced into marrying Jimmy, which was a coerced marriage, and Milan could request the people's court to annul the marriage.
Article 1052 of the Civil Code provides:
Where marriage is forced, the coerced party may apply to the people's court for annulment of the marriage. Where a request is made for annulment of a marriage, it shall be submitted within one year from the date of termination of the coercive act. Where a party whose personal liberty has been unlawfully restricted requests annulment of the marriage, it shall be submitted within one year from the date of restoration of personal freedom.
Wei Chenggong, who has the dream of the protagonist
How do you end the farce in the end?
This Pufajun is not a spoiler!
After everyone learns the above knowledge
Take your friends to the movies!
Maybe, in front of your friends
Stage a learned "good play"!
Source: Rule of Law Daily