Lawyer

Chapter 1015 Strong generals have no weak soldiers

"On the contrary, I think it is more dangerous for minors to hold knives. Adults may have some restraint and will not kill easily. But it is hard to say for minors. They are just a powder keg. You never know when the blood will get to you. Regardless of Sanqi 21’s random stabbing, it’s really life-threatening! It’s full of energy.” Lee Myung-bak retorted.

"Well, what you're talking about is a practical issue, but those theorists who haven't even fought in their lives think otherwise. Otherwise, how can it be said that the rule of law requires the contribution of lawyers." Du Yong laughed.

"Well, I understand what you mean. We are people who are fighting on the front line of the law. As the saying goes, the Prophet of the Plumbing Duck in the Spring River, we have the best experience of whether the law is fair or not, and whether it is right or wrong. That's why we are qualified to promote the progress of the rule of law. "Li Mingbo was startled, then he immediately came to his senses and replied.

"These are off topic. Now that there are judicial interpretations and various regulations, we have to follow the rules. Back to the topic we just talked about.

The second question is about the identification of 'a small amount of property'.

The standard for judging a small amount of property can refer to the standard for a larger amount of theft, with property worth less than 1000 yuan as the standard.

But this does not mean that using mild violence to rob property worth more than 1000 yuan will definitely be considered a crime of robbery. It must not be a one-size-fits-all approach.

According to the "Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Picking Quarrels and Provoking Troubles", forcibly taking public or private property worth more than 1000 yuan is also one of the criteria for the crime of picking quarrels and provoking trouble.

The third question is the standard of conviction for the crime of picking quarrels and provoking trouble.

Forcibly taking other people's property constitutes the crime of picking quarrels and provoking trouble, and the circumstances must be 'serious'.

The "Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Picking Quarrels and Provoking Troubles" clearly stipulates the standard of "serious circumstances":

1. Forcibly taking public and private property worth more than 1000 yuan;

2. Repeatedly taking public and private property by force, causing negative social impact;
3. Forcibly taking the property of mentally ill persons, disabled persons, vagrants and beggars, the elderly, pregnant women, and minors, causing adverse social impact;
4. Causing other serious consequences such as mental disorder or suicide;

5. Seriously affecting other people’s work, life, production, and business operations;

6. Other serious circumstances.

But the above explanation does not distinguish between adults and minors.In my opinion, minors should be distinguished from adults when applying the above provisions. " Du Yong said.

"In this way, the defendant in this case has repeatedly robbed minors of their money, which has caused certain bad social impacts. The circumstances are serious and should constitute the crime of picking quarrels and provoking trouble!" Li Mingbo's just-raised hopes were dashed.

"yes.

In this case, the public security organ filed the case for the crime of robbery, but the procuratorial organ prosecuted it for the crime of seeking a gap and provoking trouble, and the charges were inconsistent.But I personally think that the charges identified by the procuratorate are correct.

First of all, in this case, the two defendants are both men of about [-] years old and less than [-] years old. According to the provisions of the "Two Robbery Opinions", when a man of about [-] years of age uses or threatens to use slight violence to rob a small amount of property, it is generally punishable by law. It is not appropriate to be convicted and punished for robbery.

Judging from the intensity of the violence and threats used by the defendant, the defendant committed eight crimes in total, 3 of which were committed with daggers and intimidation. The remaining few did not use daggers, but used threats, intimidation, or punches and kicks. The crime was committed by kicking, and there was no personal injury to the victim, so it can be regarded as minor violence.

Judging from the amount of robbery, the two defendants committed eight crimes and robbed less than [-] yuan in total. The amount was relatively small and could be considered as a robbery of a small amount of property.Therefore, it is not appropriate to convict and punish the defendant for robbery.

Secondly, from a subjective analysis, the two defendants had the motive of provocation. Judging from the time and place of committing crimes, 8 of the 3 crimes committed by the defendant occurred during the day.And he chose to commit crimes in the same place many times.

Thirdly, from the perspective of the perpetrators, the victims in this case were all men who were not yet in their prime, and their usual routes were relatively fixed. The identity of the victim who was not in his prime meant that it was impossible for him to carry a large amount of property, nor was it possible to rob a large amount of cash. .

Finally, coupled with the problem of the defendant’s living environment and the defendant’s purpose of robbing money to vent his anger, it reflects that the defendant does not only illegally possess property, but has the tendency to bully the weak, seek mental stimulation, and act violently. provocative motive.

In this case, the defendant's behavior of forcibly demanding property from a dissatisfied man seriously disrupted the social order around the criminal responsibility. " Du Yong said.

After Li Mingbo and Du Yong left the office, they returned to their work stations.

Li Mingbo didn't expect that not only Fang Yi's professional ability is very strong in the team, but also Du Yong's professional ability is not bad at all. It seems that their fame is not accidental, but the result of long-term accumulation.Sure enough, a strong general has no weak soldiers.

……

Early the next morning, Du Yong and Cheng both went to the detention center to meet with Lu Ye.

Lu Ye is about 1.7 meters and a half tall, with fair skin and somewhat handsome appearance. He doesn't look like his father or mother. He is tall and tall, and the greenness on his face has not yet completely faded.

At this time, Lu Ye's spirit was a little sluggish, with dark circles under his eyes, and his eyes were dull.

Under Du Yong's questioning, Lu Ye's lips trembled, and he told the story of the crime intermittently, which was roughly the same as what his parents said, but more detailed.

"What's her name? I'm talking about her name?" Du Yong asked.

"Yan Xiaxia, her name is Yan Xiaxia." After Lu Ye raised his head and finished speaking, he lowered his head again.

"Remember carefully, how many times in total?" Du Yong asked unhurriedly.

"Four times..." After being imprisoned in the detention center, Lu Ye kept recalling the past. The whole incident was already familiar to him, so when Du Yong asked, he said it without thinking.

"When did you know that she was the year of cardamom?" Du Yong continued to ask.

"On New Year's Day, I asked her to go see a movie. While we were waiting to watch the movie, the topic came up for some reason, and then I found out her true situation. She also showed me a lot of old photos. , I didn’t take it seriously at the time." Lu Ye recalled.

"That is, since then, you know the real situation?" Du Yong looked at him.

Lu Ye nodded and said, "Well, she didn't mention it to me before, and I didn't think about it. Really! What I told is the truth. I'm like this, so there's no need to lie to you."

He seemed a little excited, with tears in his eyes.

Du Yong's eyes were full of doubts, and he obviously didn't believe his words.

(End of this chapter)