In Zhengzhou, Henan Province, a man suddenly broke into the bedroom while Ms. Zhang was asleep, intending to plot against her. Unexpectedly, this man is no one else, it is the boss of Ms. Zhang's husband. It is said that the whole thing was instigated by Ms. Zhang's husband, and even said things like "you came to raise my wife and gave birth to a son when she slept". The husband's explanation was that the boss was here to pay for the work, but the next day he said they were drunk. At present, Ms. Zhang has called the police and the case is under investigation.
(Source: @Vista look at the world)
The real world is really more exciting than the TV series, offering a wife to the boss, I have only seen it in historical stories before, I did not expect that there would be such a thing in the 21st century.
If the situation in the news report is true, then Ms. Zhang's husband and her boss want to commit misconduct without Ms. Zhang's consent, how should their behavior be characterized?
Legally, husband and wife have the obligation to live together. Thus, under normal circumstances, marital rape is not recognized by law. However, due to the existence of joint crimes, marital rape and female rape of women are possible.
A joint crime is a joint intentional crime committed by two or more persons. The most common example is a conflict between women, which results in instigating a man to violate the other party, in which case the woman who instigates the man constitutes instigation, and the man is a joint crime and rape.
This is also the case in this case, Ms. Zhang's husband actually bravely wore a green hat, instigated the boss to invade his wife, and even thought about how to deal with it afterwards, and gave birth to a son the boss raised.
According to the Criminal Law, whoever instigates another person to commit a crime shall be punished according to the role he played in the joint crime. Although Ms. Zhang's husband did not personally commit the final criminal act, Ms. Zhang's husband arranged the entire criminal process, triggered the boss's intentions, and facilitated the crime, and the above acts were not only to help the crime, but actually played a major role in this case, and should also be treated as the main offender, that is, the provisions of "for accessories, lenient punishment or exemption from punishment" cannot be applied.
The news report did not specify whether the infringement occurred, and if Ms. Zhang was indeed not injured, it would be necessary to determine whether the case was an attempt to commit a crime or whether the crime was suspended based on the results of the public security organs' investigation. Attempted crime is when a crime has already been committed and has not been successful for reasons other than the will of the criminal. The suspension of a crime is to automatically abandon the crime or automatically and effectively prevent the occurrence of the result of the crime in the process of committing the crime. There is a difference between the two mainly in sentencing, and attempted crimes can be given a mitigated or mitigated punishment compared to that of a completed offender. Where no harm is caused to the suspension of the offender, the punishment shall be waived, and where the damage is caused, the punishment shall be mitigated.
Finally, there was a detail in the news report that I did not put in the case introduction because I was too frightened. According to reports, the boss did not leave after leaving the bedroom, when Ms. Zhang's husband and family were in the living room...
This "family" made me completely break the defense, I hope the media made a mistake [cover my face]
#普法行动 #
