During the inspection, Gao met the hotel waitress and told the hotel owner to take the investigation away. Later, Gao will be taken to other hotel rooms prepared in advance, and verbally threatened as a policeman, and finally had two relationships with him. In the afternoon, Gao took the initiative to surrender to the police station. At present, Gao was prosecuted for alleged rape.
It turns out that Gao is not a policeman at all, but a fake! But even so, the hotel owner and the victim were frightened by Gao's little gesture, which is really incredible. Maybe something really got caught by Gao. But why didn't Gao pretend to be a policeman and was prosecuted only for rape?
The fake policeman is suspected of swindling and cheating. The crime of swindling and cheating refers to the act that the actor pretends to be a staff member of a state organ and seeks illegal interests. Fraud here is not limited to property, but also love, honor and so on. For example, in this case, Gao initially pretended to be a policeman and went to the hotel for inspection, probably to enjoy the pleasure of others being frightened and obedient, and actually achieved this goal.
The crime of swindling and cheating is an act of committing a crime, that is, Gao committed such an act, which constitutes a crime, but Gao was not charged with swindling and cheating. Why? This involves the question of modesty of criminal law. Simply put, it is whether the actor is bluffing or reaching a very serious level. What is serious is not clearly defined in the judicial interpretation, but we can find the corresponding basis from the Law on Public Security Administration Punishment to judge whether it constitutes the crime of swindling and cheating.
Both the Criminal Law and the Public Security Administration Punishment Law have provisions on this kind of behavior. If the circumstances are minor, it is an act of administrative punishment for public security, and if the circumstances are serious, it is a criminal act. In this case, Gao only went to the hotel for a noisy inspection and did not ask the hotel owner for property or other things. Because high behavior is only a "minor" public security punishment, let alone the crime of swindling and cheating. Some netizens may think that Gao's taking away as a policeman is an infringement. Isn't this a serious consequence?
It is of course a serious consequence for the court to sentence the man to surrender, but this kind of behavior has been evaluated in the crime of rape, so I won't go into details here. Therefore, in this case, Gao was only charged with rape, but not with rape and fraud. For Gao's swindling behavior, the case-handling organ should hand over the clues to the public security organ for handling, and the public security organ will impose administrative penalties on Gao's swindling behavior!