Legal gas station
Eating out of households is a bad habit in Chinese feudal society. It means that if the family does not have a son, there will be people in the village who will find ways to loot their money. Because they have no sons. So, sometimes, I can understand why some people are desperate to have a son.
I write this out of anger. Some people are more terrible than ghosts.
In the past two days, the news that a "man who eats no household" has swept away 4.5 million has appeared on the hot search. It is probably said that Ms. Fu, a woman with a slight IQ impairment in Shanghai, her father passed away and her mother remarried. and the elderly grandmother depends on each other. They live together in a small house in Shanghai. As Ms. Fu grew up, her grandmother also grew old. The other children are already married. Grandma just can't rest assured that this granddaughter who has no father or mother and is not very smart.
Later, a neighbor in the chess and card room of the community introduced a man from Jiangxi to Shanghai to work. The introducer said that Xiaohu was particularly hardworking and kind.
In 2015, Grandma Fu's old house moved and obtained a 44-square-meter resettlement house worth 3.5 million yuan and more than 1 million yuan in cash compensation.
In 2018, Xiao Hu asked to marry Ms. Fu. They became a legal couple.
Later, Xiaohu began to ask for a bigger house, saying that they would not be able to live with children in the future. He also said that if he didn't change it, he would throw his grandmother down from the 14th floor. An old lady, a woman with an intellectual disability. There was no way to sell the house for 3.5 million. Plus the previous demolition compensation. Now Grandma Fu has 4.5 million in her hands.
Xiaohu and Ms. Fu said: Your grandmother's money will be your aunt's in the future, you go and get your grandma's bank card. Isn't mine yours! andMs. Fu was provided with a bank card that looked the same as Grandma Fu's ICBC card. Quietly replaced Grandma Fu's bank card.
After Xiao Hu took the money, the person disappeared. I haven't seen him buy a house either.
Later, Ms. Fu and Grandma Fu had no savings due to their lack of ability to earn a living. I started borrowing money from relatives and friends. The family found out about it. And found the "Legal Special Service Group" column for help. It was only then that this matter was exposed to the world.
*Ms. Fu's husband, Xiaohu, was contacted. Xiaohu's attitude was very tough, saying that the money had been spent. He said he felt he was at fault. Hope to punish him. In short, in a word, there is no money.
So how do you characterize his behavior? Illegal? Crime? Or is it a property dispute between husband and wife?
1. How should the behavior of husband Xiaohu and wife Ms. Hu be characterized?
Personally, I think that her husband Xiaohu's behavior is more like an indirect principal offender of theft.
"Indirect principal offender" refers to a person who, with his or her own criminal intent, uses a person who is incapable of responsibility or a person who has no criminal intent to commit a criminal act in order to achieve his or her own criminal purpose. For example, an adult with normal intelligence asks a child to steal someone else's money, and when the stealing is done, he takes it back and gives it to the adult. This is a classic indirect recidivism.
As an intellectually disabled person with limited or no responsibility capacity, Ms. Fu is not well aware of the consequences of her actions. And his behavior of asking Ms. Fu to quietly replace the bank card is a typical theft. So I think they should be held criminally responsible for theft.
As for Ms. Fu, according to the relevant provisions of the Criminal Law, if she is intellectually disabled, the punishment can be reduced or exempted.
2. Are there any civil liabilities?
Even if the 4.5 million can be used as joint property of the husband and wife, then when one party disposes of it, it must be agreed by the spouse. If it is processed without consent. It is possible to file a lawsuit in court.
3. In fact, I personally think that 4.5 million is very incredible to consume in more than a year. There should still be a large part of the property hidden in some places, or in the hands of certain people.