套路贷案件定罪研究——以196份刑事判决书为切入点

A Research on Conviction of Trap Loan Cases——Based on 196 Criminal Judgments

近年来,套路贷案件呈现高发态势,特别是2019年《关于办理“套路贷”刑事案件若干问题的意见》出台后,各地纷纷加强对套路贷案件的打击力度。在涉刑套路贷案件的审判工作中,各地法院的定罪思路差异化明显,导致了不同法院对同类别的案件在罪名选择和罪数处理上都有较大差别。在进行罪名认定时,应当以各罪构成要件为基准,在深刻理解诈骗罪、敲诈勒索罪、抢劫罪、寻衅滋事罪等罪名构成要件区别的基础上确定适用罪名。在罪数选择上,严格遵循“禁止重复评价”的原则,严格区分一行为和数行为,严格区分目的行为和手段行为,从而正确区分“择一重罪处罚”和“数罪并罚”的场景。唯有如此,才可以对套路贷案件进行精准定罪,最大限度地避免“同案不同罪”的乱象。

In recent years,trap loan cases have shown a trend of high incidence.The Opinions on Several Issues concerning the Handling of"Trap Loan"Criminal Cases was issued in 2019.thereafter,several districts have stepped up their crackdowns on trap loan crimes.In the trial work of criminal trap loan cases,the conviction ideas of the courts in different regions are obviously different,resulting that different courts,in the same category,usually give clearly different opinions on conviction and sentencing.When determining the crime,the constitutional elements of each crime should be used as a benchmark,and the applicable crimes should be determined on the basis of a deep understanding of the differences in the constitutional elements of the crime of fraud,extortion,robbery,and quarreling.Regarding the selection of crime number,we strictly follow the principle of"prohibition of repeated evaluation",strictly distinguish one behavior from several behaviors,and strictly distinguish between objective behaviors and means behaviors,so as to correctly distinguish between"choosing a heavier punishment"and"combining punishment for several crimes".Only in this way,can the trap loan case be accurately convicted and the chaos of"different crimes in the similar case"can be avoided to the greatest extent.