Lawyer

Chapter 271 Chapter 274 Chapter 275 (Merge Chapters) Complicated Eyes
"Next, the defender of the appellant Xiao Song will ask questions." The presiding judge said.

"Okay, presiding judge. Xiao Song, what clothes did you wear when the case happened?" Fang Yi asked.

"It was summer and it was hot. I wore jeans and a big white vest." Xiao Song said.

"The victim heard that you were from the police station, how did he react?" Fang Yi asked.

"At that time, he was startled. Later, when he saw that I was not wearing a police uniform and smelled of alcohol, he asked me to get my ID. I didn't have a ID, so he kicked him down." Xiao Song said.

"Did you take anything in your hand when you carried out the robbery?" Fang Yi asked.

"I didn't take anything. I drank two more glasses with a few friends that night. It was already late when I went home. When I passed by the woods next to the park, I knew that there were people who were engaged in transactions. It was the kind of immoral transactions. I just want to go in and scare them and get some money." Xiao Song said.

"Did the victim resist during the robbery?" Fang Yi asked.

"He kicked me and wanted to run, but I finally pushed him to the ground." Xiao Song said.

"How did you get arrested later?" Fang Yi asked.

"I was walking on the street, and suddenly the police arrested me. I later found out that the victim reported it to the police." Xiao Song said.

"Presiding judge, the defender's questioning is over," Fang Yi said.

"The next step is to present and cross-examine evidence. Do the prosecutors, defenders, and appellants have any new evidence to submit?" asked the presiding judge.

"No." All three said.

……

"The court investigation is over and now for court debate.

Before the debate, the court draws the attention of both the prosecution and the defense that the debate should mainly focus on determining charges, sentencing and other controversial issues.

First, the appellant Xiao Song will defend himself. " said the presiding judge.

"When I robbed, I only verbally claimed that I belonged to the police station, and I didn't wear any badge of police identity. The first trial found that I pretended to be a policeman to rob, which was a mistake..." Xiao Song said.

"The defender of the appellant Xiao Song made a speech," said the presiding judge.

"The defender believes that, in accordance with the principle of consistency between subjectivity and objectivity, the conditions for determining "robbery by pretending to be military and police personnel" should not be too broad, but should be based on the general understanding of the public.

Specifically in this case, the appellant Xiao Song only verbally claimed that he was a policeman from the police station. The victim had doubts about his identity when he was robbed, and after that he waited many times near the crime scene to capture the defendant.It can be seen that the victim did not believe that the appellant Xiao Song was a policeman.

The court of first instance found that the appellant Xiao Song had "pretended to be a military and police officer to rob" and sentenced him to fixed-term imprisonment of more than ten years, which obviously did not match the crime and punishment.

To sum up, the defender believes that the aggravating circumstance of "pretending to be a military and police officer for robbery" should not apply to this case, and the sentence should be fixed-term imprisonment of not less than three years but not more than ten years.complete. "Fang Yi said.

"Now it's up to the prosecutor to speak." The presiding judge said.

"Presiding judge, judges, we believe that the determination of "robbing by pretending to be military and police personnel" should be understood literally, as long as the following two conditions are met:
The first condition is that the perpetrator has committed a crime of robbery, and the second condition is that he has the intention to impersonate a military or police officer in the crime of robbery, regardless of whether the act of impersonation is enough to convince the victim or others that he is a military or police officer.

Specifically in this case, the appellant Xiao Song claimed that he was a policeman and robbed the victim's property by means of violence. His behavior should fall under the aggravated circumstance of "robbing by pretending to be a military or police officer" stipulated in Article 260 of the Criminal Law, and should be sentenced to ten years in prison. Sentenced for more than one year.The court of first instance sentencing was appropriate, and the court is requested to reject the appellant's appeal. " said the female prosecutor.

"The prosecutor can respond to the defender's defense opinion." The presiding judge said.

"Okay, for the defender's defense, we mainly express the following points of view: First of all, we should not make a narrow interpretation of "robbing by pretending to be military and police personnel", but should interpret it literally in order to combat crime to the greatest extent and protect people's property Safety.

In addition, the appellant Xiao Song’s act of robbing by pretending to be a policeman caused damage to the image and reputation of the policeman, and he should be given a heavier punishment.complete. " said the female prosecutor.

"Defenders can respond to the prosecutor's statement." The presiding judge said.

"Based on the Prosecutor's comments and responses, the defense makes the following defense:

First, from the perspective of criminal law hermeneutics, similar interpretations should be given to several items that are stipulated side by side in a legal provision.

According to Article 260 of the "Criminal Law", the crime of robbery protects the dual objects of public and private property ownership and citizens' personal rights. The more serious the object is violated, the heavier the punishment that the perpetrator should receive.

Among the eight aggravated punishment circumstances for the crime of robbery stipulated in the appeal clause, "the robbery caused serious injury or death" and "the amount of robbery was huge" directly reflects the seriousness of the infringement on the object, which is quite harmful to society and must be severely punished according to law .

According to the same interpretation rules, the social harm of the other six aggravated punishment circumstances should be roughly equivalent.But in reality, the literal meanings of the other six aggravating circumstances are too broad. Although some behaviors apparently meet the constituent elements of aggravating circumstances, they are not harmful to society. Therefore, the defender believes that it is necessary to restrict interpretation and narrow their meanings.

For example, for "robbing on public transport", the judicial interpretation sets two requirements: one is that the motorized public transport is in operation;cannot be applied exactly literally.

It can be seen from this that "robbing by pretending to be military and police personnel" should not only look at the literal meaning, but also look at its essence.Specifically in this case, the appellant Xiao Song only verbally claimed that he was from the police station. Compared with wearing police uniforms or showing police IDs to make people mistakenly believe that he is a policeman, the social harm is less harmful, and it is no different from general robbery.

Second, from the point of view of the purpose of the legislation, "robbery by pretending to be military and police personnel" as an aggravated punishment is mainly due to the consideration that this kind of behavior seriously damages the image and reputation of the military and police. the provision.

But in reality, not all acts of impersonating police and soldiers can really achieve the effect of impersonation, so as to cause damage to the image of soldiers and police.Sometimes the perpetrator's poor "performance" is seen through on the spot, and the victim does not believe that the perpetrator is pretending to be a military or police officer, let alone form a mental coercion on the victim through "pretending". After the perpetrator fails to impersonate, he can only rely on violence achieve its criminal purpose.

Under such circumstances, the act of impersonation did not play a substantial role in promoting the crime of robbery, and the act of impersonation did not cause damage to the image and reputation of the military and police. Legislation is inconsistent.

In this case, the behavior of the appellant Xiao Song fell into the above situation. He claimed to be from the police station, but the victim did not believe him and asked him for his certificate.Because of failing to achieve the effect of impersonation, Xiao Song resorted to violent means to rob property.

Third, the criminal law sets the statutory aggravating circumstance of "robbery by pretending to be a military or police officer", and sets a severe sentence of more than ten years' imprisonment, which shows that the social harm of this behavior is more serious than ordinary robbery crimes.

The act of robbing by pretending to be a military or police officer not only causes damage to the image and reputation of the military and police, but also makes the victim lower his awareness of defense, dare not resist, or loses the best opportunity to resist when he mistakenly believes that the other party is a military or police officer. Compared with ordinary robbery, this kind of robbery shows greater social harm.

In this case, the appellant Xiao Song's performance was so poor that his act of "pretending" to be a military and police officer was not recognized by the victim at all, and the victim did not think he was a policeman.It can be seen that Xiao Song's robbery is no different from the social harm of general robbery. In this case, the court of first instance imposed a heavier punishment for "robbing by pretending to be a military and police officer" and sentenced Xiao Song to more than ten years of fixed-term imprisonment. , The sentencing is abnormally heavy, and the crime and punishment are not suitable.

To sum up, the appellant Xiao Song claimed to be a plainclothes policeman from the police station when he robbed. Although he acted as a military police officer, he only verbally claimed that he was a policeman. He neither wore a police uniform nor drove a police vehicle. Or use police equipment, etc., and did not show a police certificate, and the identification ability of ordinary people can easily see through their false identities.

According to the case files provided by the public prosecutor, after the incident, the victim went to the scene of the crime every night, trying to catch Xiao Song who robbed him. It can also be seen from this that the victim did not believe that Xiao Song was a policeman at all , Xiao Song’s impersonation obviously did not achieve the desired degree and effect, nor did it damage the image of the police. The social harm is no different from general robbery, and should not be identified as “robbery by impersonating military and police personnel.”Ask the court to change the sentence according to law.complete. "Fang Yi said.

(In order to unify the adjudication standards, the Supreme People's Court issued the "Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery" issued by the Supreme Court on January 2016, 1. Whether the person wears a military or police uniform, carries a gun, or presents a military or police certificate and other circumstances will be comprehensively reviewed to determine whether it is enough to make others mistakenly believe that they are military or police personnel.

Where the perpetrator only wears military or police-like clothing or only verbally claims to be a military or police officer but does not carry a gun or show a military or police ID and commits a robbery, the specific circumstances of the robbery location, time, violence or threat shall be considered in accordance with the law. Ordinary people judge the standard to determine whether it is identified as "robbery by pretending to be a military or police officer".

Interested readers can check the above guidelines. )
There were people in the auditorium who were happy and some were hated. Mr. and Mrs. Xiao felt that Fang Yi was talking a lot. Although they couldn't understand, they felt that Fang Yi was working hard, and in their hearts the lawyer on the other side recognized it.

The victim's friends secretly scolded Fang Yi in their hearts for being meddlesome, for defending the robbers, for being wicked, for giving birth to a child without an ass hole.It's a pity that their wish could not be realized.

"The court debate is over. According to Article 160 of the "Criminal Procedure Law of the People's Republic of China", the appellant now makes the final statement. The appellant Xiao Song makes the final statement." said the presiding judge.

……

"Now the court is adjourned for 10 minutes. After the collegial panel deliberates, the verdict will be pronounced in court. Please ask the bailiff to take the defendant out of the court." As the gavel in the hands of the presiding judge fell, the trial ended.

10 minutes is not long, Mr. and Mrs. Xiao sitting in the auditorium looked at their watches from time to time, counting the time.At this time, their moods were very complicated. They were afraid of the final verdict, but also wanted the judge to pronounce a verdict as soon as possible to end the suffering in front of them.

The sound of the gavel sounded, Mr. Xiao and his wife stood up with the crowd, then sat down again, and then looked forward.

"...The court session will continue now, please ask the bailiff to bring the appellant Xiao Song to court.

The case has been judged by the collegial panel.In response to the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

…The appellant only verbally claimed that he was a policeman from the police station. The victim doubted his identity and waited at the scene of the crime many times. Finally, the appellant Xiao Song was arrested, which showed that the victim did not believe that the appellant Xiao Song was a policeman. Under such circumstances, the court of first instance believed that Xiao Song had "pretended to be a military and police officer to rob" and imposed a penalty, which was obviously not suitable for the crime and punishment. Therefore, the appeal reasons of the appellant Xiao Song and his defenders were accepted.

In accordance with Article 220, Paragraph 260, Item 20 of the Criminal Procedure Law of the People's Republic of China, Article 60, No. 34, Article 5000, Paragraph [-], No. [-], Article [-], Paragraph [-], and Article [-] of the Criminal Law of the People's Republic of China, the judgment As follows: [-]. The District Court’s Criminal Judgment No. [-] is revoked; [-]. The appellant (defendant in the original trial) Xiao Song committed the crime of robbery and was sentenced to six years’ imprisonment and a fine of RMB [-]…”

After hearing the verdict, Fang Yi breathed a sigh of relief, and changed the sentence from 11 years to six years. This result should be explained to Teacher Xiao.

After the verdict was pronounced, Teacher Xiao and his wife in the auditorium did not appear excited, but tears flowed down their cheeks. They got up and stared at their son who was taken out of the court.

The moment Xiao Song left the court, he saw his elderly parents. His eyes were full of reluctance, remorse, and mixed with some complicated emotions. After the court door was opened, he glanced at his parents, He was taken out of court by the bailiff.

"Lawyer Fang, thank you." Teacher Xiao whispered at the door of the court.

"Go back, six years in prison, if Xiao Song behaves well, maybe his sentence can be commuted and he can be released early. You must take care of your health and don't be too sad." Fang Yi advised.

"Well, I used to scold him and hate him every day. He was really sentenced, but I kept thinking about him in my heart, hey!" Teacher Xiao sighed, as if he had aged a lot, and then he helped his wife out of the court.

Fang Yi turned his head and saw that everyone in the auditorium looked at him unkindly, and his heart tightened. These guys probably want to take revenge on the lawyer.Thinking of this, he hurriedly used the mobile phone app to hail a black car. After waiting for everyone to leave, he hurried downstairs and took the black car back to the law firm.

　February has begun, here are [-] words!Ask for monthly tickets, recommended tickets, collections!
　　Not much to say, five more chapters today!Bow to all book friends!Thank you for your great support!

　　
　
(End of this chapter)