Prosecution: Zhang's behavior constitutes robbery.
Defense: Zhang's behavior does not constitute robbery.
The other debater said well, we are all vicious people. What should we do if someone wants to rob something? Arrest him and order him to rob! This answer is so natural that we won't even ask, is this really legal?
The other party does not deny that stalking itself is meaningless in criminal law evaluation, but why did the other party get the wrong definition? Because there is a logical error, a legal error and a value error hidden under the argument of the other party.
The logical error of the other party is the distortion of causality. If you decide to rob, when will it be completed? If the threat of not reporting the case is accomplished, then the first thing is to obtain property, and finally the verbal threat, and the consequences precede the means. What is causality? The other party said that it was accomplished to ask for property, so before asking for property, Zhang Lianwei threatened nothing. What is causality?
Of course, this is about stalking, which is the other party's second mistake, a legal mistake, and an improper extended explanation of coercion. In criminal law, the coercion of robbery must be a real personal suppression, not out of expectation, fear and prevention. Why? Because people's perceptions and reactions to danger vary widely. If Hongmou finds that his tail is too tight today and he dies of a heart attack, should he be considered to have robbed and caused death?
The wrong values of the other side are the conviction of subjectivism. After all, what is the most fundamental reason why the other party decided to rob today? Because Hongmou thinks that Zhang wants to harm her, we think that Zhang wants to harm Hongmou, and Zhang himself has confessed that he once wanted to harm her. However, this is an evaluation of will, can it overshadow the evaluation of objective behavior?
Don't forget that Hongmou didn't deliver the property, but abandoned it, because she was not sure whether she was being followed or not, so she made a calculation, made a temptation and took a precaution: if the other party robbed the money and left the bag, it would be over; If the other person is a passer-by, I will spend thousands of dollars to buy a peace of mind; If the other party is stealing color, then I have to make other plans.
Ladies and gentlemen, we have all experienced the inner struggle and struggle when we are going to do something wrong, let alone a crime. Zhang wandered from the night before until the early morning of the next day, because he was also struggling, and he was also afraid that once he committed a crime, he would fall into an endless abyss. We can even imagine that if Hongmou didn't lose the packet, would it be possible for him to give up at the last minute? It's entirely possible. Now, he is standing on the cliff of life, waiting for us to tell him that there is still a turning point in his life, or is it a heinous crime from now on? Will fate open a window for him or close all the doors? Gentlemen, it's up to you.