我的眼睛看世界

2011年03月4日

听律师讲解该怎样依法对付小偷

Filed under: 故事 — gcd0318 @ 02:43

问:遇到小偷怎么办,我能制止它偷我东西吗
答:当然可以,如果它正在偷你的东西,你可以和它抢,那么它就不再是盗窃,而是抢劫。你还可以一巴掌打在它手上,这个叫正当防卫
问:如果它扔下我的东西,或者我已经抢回了我的东西,能揍它一顿吗
答:不能,它已经停止了偷你东西的动作,你再打它就是防卫过当
问:那我扭送它到派出所
答:不行,在法院宣判以前,它没有罪,就算有罪你也没权力限制它的人身自由
问:那报警呢
答:这个当然没问题,但是你不能要求它和你一起等警察
问:哦对,是的,它也是自由的嘛。那么我拍它照片给警察
答:不行,你侵犯它肖像权了
问:那我使劲看争取记住总可以吧
答:那没问题,不过小偷也有权力挡着脸不让你看到
问:如果它已经偷了我的东西要逃跑呢,我只能跟踪它了吗
答:可以跟踪,但是如果它提出抗议,你就不能再继续跟踪。而且,考虑到它可能会打你,还很有可能有同伙,所以你最好考虑清楚了再跟踪
问:不过大不了,我就是犯法取证嘛
答:但是非法取得的证据在法庭上跟没有也差不多
总结一下就是:如果我不能第一时间制止小偷,那么我所有能做的就是,看清楚它的脸,然后报警
也就是说,小偷只要跑的快,蒙着脸,除非在警察面前干活,否则还是很安全的

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