On September 13, the China Biodiversity Conservation and Green Development Foundation and the Care of Companion Animals Special Fund said: "I have received help from several victims one after another. The suspects have abused and killed the cat...
On September 13, the China Biodiversity Conservation and Green Development Foundation and the Care of Companion Animals Special Fund said: "I have received help from several victims one after another. The suspects have abused and killed the cats they adopted through the salted fish platform. The person involved claimed: "The day after I got the cat, the criminal first asked for my nude photos and nude videos showing my face, and then asked me to transfer 300 yuan to him. After that, he abused and killed the cats.
Currently, six victims have been tortured and killed, and one man has been extorted for more than 1,000 yuan. It is understood that the suspect was criminally detained by the police on the night he called the police.
Legally speaking, the man is suspected of extortion.
extortion refers to the perpetrator intimidating the owner or holder of the property by actively infringing on the act of infringement. For example, it is intimidating to kill, hurt, expose privacy, destroy property, etc. This case fully meets the definition of extortion, but whether the amount meets the standards of criminal cases is more than 3,000 yuan in accordance with the judicial interpretation.
Generally speaking, the actual value of a stray cat does not meet the filing standards for fraud, so it should not bear criminal liability for fraud. Should
be detained?
According to Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China": Those who steal, fraud, loot, rob, extort, or intentionally damage public and private property shall be detained for not less than 5 days but not more than 10 days, and may be fined for not more than 500 yuan; if the circumstances are serious, they shall be detained for not more than 10 days but not more than 15 days, and may be fined for not more than 1,000 yuan. The man's behavior was a complete fraud, extortion, and intentional damage to property, so it was legal detention!
This behavior is not only illegal, but also a perfect behavior.
Putting aside the attribute of "cat", it is very unethical to deceive others into affectionate things in this way and then use them to blackmail the parties. It is not only a stray cat that is rescued or a pet that is raised by the home, but also a commemorative thing that has been with you for many years, the relics of relatives, and the tokens of love between lovers.
Generally speaking, animals will not actively harm humans. Some may just protect their instincts and fight back when they realize that they will be hurt. But people are different. If this case is lightly sentenced or not sentenced because it is "just cat abuse", many people will definitely follow the trend and do this business. Once these deliberate evils become the instinct of some people, the consequences are unimaginable.
Guozun Law Firm recommends that when adopting pets, it is best to sign a written adoption contract, after all, cat abuse does not violate the existing laws. Previous news has also reported many incidents of attracting fans to make profits by using cat abuse videos! If various events that are unfavorable to small animals occur, relying on the contract, we can pursue the adopter's liability for breach of contract, claim to return the pet, and protect the life safety of the pet as much as possible.
