Lawyer

Chapter 427 Chapter 450 Chapter 451 (Merged Chapters) He didn't live enough!

"What happened later?" The inspector's eyes were like knives.

"Later I climbed over the wall and entered her house, pried open the door and entered the house. She was sleeping on the kang, and suddenly woke up and saw me. I was afraid that she would shout, so I rushed to cover her mouth with my hand, and then I grabbed her neck, covered her head with a quilt, and had sex with her, I really didn't mean to kill her..." Gao Qiang became more and more excited as he spoke.

"Why is the victim's gold ring in your hand?" asked the prosecutor.

"When she was struggling, I went to break her hand and saw the gold ring by accident, so I took it off and took it home." Gao Qiang said.

"Before you confessed that after the rape was carried out, she was lying motionless on the kang, and you rolled it off her hand. Now you say that you rolled it off during a fight. What happened?" the prosecutor said coldly. asked aloud.

"I misremembered it before, but I recalled it again these days. I pulled it off her finger during the fight." Gao Qiang said.

"When you left, what was the victim's state?" the inspector asked.

"She...she's out of breath. I tried it with my hand, but she wasn't breathing. I didn't mean to..." Gao Qiang looked at the inspector with fear in his eyes.

"Presiding judge, we're done asking." The prosecutor said.

"Does the defendant's defender need to ask the defendant questions?" said the presiding judge.

"I need to ask a question." Fang Yi said: "Defendant Gao Qiang, for what purpose did you enter the victim's house?"

"At that time, I was drinking, and I just wanted to have sex with her, and I didn't think about anything else." Gao Qiang said.

"Chief examiner, I'm done asking." Fang Yi said.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"Presiding judge and judge: We believe that the defendant Gao Qiang sneaked into the victim's home after drinking, raped the victim by violent means, and caused the death of the victim. His behavior constituted a crime of rape; The defendant who caused death by burglary should be punished for several crimes. We recommend that the defendant be sentenced to death. Finished!" said the prosecutor.

"The defendant will defend himself," said the presiding judge.

"I was deceived by lard at the time, I shouldn't have gone to the little widow's house..." Gao Qiang confessed again, but unfortunately he was not in a church, but in a court, so this kind of rhetoric was useless.

"The defendant's defender issued a defense opinion." The presiding judge said.

Fang Yi did not disagree with most of the prosecutor's allegations, but he disagreed with the prosecutor's point of view on the point of burglary and death.

"The presiding judge and the judge: the defender has no objection to the accusation of rape charged by the prosecutor against the defendant. However, the defender has different opinions on the burglary causing death. The defender believes that the defendant is strong and does not constitute burglary causing death The reasons are as follows:

[-]. The purpose of the defendant's entering the house was to commit the crime of rape, not for robbery, so it cannot be identified as "household robbery".

According to the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Snatching", the illegality of the purpose of "entry into the house" is the key to determining the robbery of the house entry.Entering another person's residence must be for the purpose of committing a crime such as robbery.Although the robbery occurs indoors, if the perpetrator does not enter the residence of others for the purpose of committing robbery or other crimes, but temporarily commits robbery indoors, it does not belong to "household robbery".

According to the above provisions, the defender believes that the key to determining whether the defendant in this case constituted "household robbery" lies in his purpose of entering the house.

In this case, the defendant Gao Qiang entered the victim's residence for the purpose of rape, which did not meet the requirements for burglary. Therefore, the defendant Gao Qiang's behavior of temporarily robbing the victim's gold ring during the rape process cannot be deemed as burglary.The reasons are as follows:
([-]) According to the above-mentioned opinions, "entering another person's residence must be for the purpose of committing crimes such as robbery" means that when the theft is discovered after entering the house, the perpetrator uses violence on the spot or uses violence to hide stolen goods, resist arrest, or destroy criminal evidence. If the act of violence or violent coercion occurs indoors, it can be identified as "household robbery.

According to Article 260 of the "Criminal Law", "household robbery" is an aggravated circumstance, and according to Article 260 of the Criminal Law, theft, fraud, snatching and other acts can be transformed into the crime of robbery under certain conditions.

Therefore, when the perpetrator enters the household for the purpose of robbery, or enters the household for the purpose of theft, fraud, snatching and other crimes and converts it into the crime of robbery, it can be identified as "personal household robbery".

([-]) The "robbery and other crimes" in the above opinions should not be interpreted as all crimes, but only robbery, theft, fraud, robbery and other money-seeking crimes.

The above-mentioned opinions clearly stipulate that the purpose of entering another person’s residence must be to commit crimes such as robbery. In order to achieve accurate qualitative and sentencing balance.

Because if no distinction is made, the act of entering a house for the purpose of committing any crime and temporarily initiating a robbery will be treated as a house robbery, and the perpetrator may be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or the death penalty.It is possible to infinitely expand the scope of "household robbery" stipulated in the Criminal Law, which will easily lead to heavy sentences for misdemeanors.

In this case, the defendant Gao Qiang went to his sister's house for dinner after being beaten by his wife, and entered the house after drinking to commit the crime of rape.According to the on-site inspection and inspection records provided by the public prosecutor, no other property was robbed at the scene of the crime, and the evidence in the case proved that the defendant only robbed a gold ring, which shows that Gao Qiang did not enter the house to rob for money. Therefore, it does not meet the conditions of home robbery.

([-]) The public prosecutor defined the defendant's act of entering the house as a means of rape and robbery at the same time, which is a repeated evaluation of the same act.

Prohibiting multiple convictions or punishments for the same criminal act of the same defendant is a basic principle followed in the theory and practice of criminal law in our country.Its purpose is to prohibit repeated criminal law evaluations for the same behavior, protect the rights of the defendant, and achieve equality between crime and punishment.

In this case, the purpose of defendant Gao Qiang's entry into the house was to commit the crime of rape, and this entry should not be evaluated as a means of robbery.Otherwise it will cause the act of entering the house to be identified as means of rape and robbery respectively.This not only violates the principle of repeated evaluation, but also violates the principle of conviction that the subjectivity and objectivity are consistent.

To sum up, the defendant Gao Qiang entered the victim's home for the purpose of committing the crime of rape, and temporarily snatched the victim's gold ring during the rape process. This behavior should not be considered as 'household robbery'.

[-]. The death of the victim in this case was caused by the violent rape of the defendant, so it cannot be identified as death caused by robbery.

According to Article 260, Item ([-]) of the "Criminal Law", whoever "causes death by robbery" shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty.

In judicial practice, only when there is a causal relationship in the criminal law between the robbery and the death of the victim, and the defendant bears criminal responsibility for the death of the victim, can it be determined that "robbery caused death".

According to the evidence materials provided by the public prosecutor and the defendant’s statement, the incident happened as follows: the defendant Gao Qiang entered the house and used violent means to subdue the victim, and then had a relationship with him, and took away the victim’s gold ring during the rape, which eventually led to the victim’s death .

According to the confession of the defendant Gao Qiang, he used violence such as covering his head with a quilt, choking his neck, and covering his mouth during the crime.The autopsy report also confirmed that the victim died of mechanical asphyxia due to external pressure on the neck and mouth.

It can be judged from this that the violent acts such as covering the head, choking the neck, and covering the mouth carried out by the defendant Gao Qiang in order to commit the rape were the direct causes of the death of the victim.

The defendant Gao Qiang's act of robbing the gold ring during the rape was of a mild degree of violence.It can be seen that there is no causal relationship in criminal law between the defendant Gao Qiang's act of robbing the gold ring and the death of the victim.

In summary, the defender believes that the defendant Gao Qiang committed the crime of rape and robbery in this case, but it did not constitute a house robbery causing death. After being brought to the case, the defendant Gao Qiang truthfully confessed, pleaded guilty and accepted punishment, and showed remorse. The court is requested to give a lighter punishment .complete. "Fang Yi said.

Although he was very reluctant in his heart, Fang Yi, as the defender of the defendant Gao Qiang, still proposed a lighter punishment to the court.

……

After the trial ended, everyone waited for the final decision. Ten minutes later, members of the collegial panel walked into the courtroom.

"...According 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 defendant Gao Qiang’s actions have constituted the crimes of rape and robbery respectively. The crimes are heinous, the consequences are serious, and the society is very harmful. They should be punished for several crimes.The facts of the crime accused by the public prosecution agency against Gao Qiang are clear, the evidence is solid and sufficient, and the conviction is accurate.

Regarding Gao Qiang's defender's defense opinion that Gao Qiang's behavior did not constitute home robbery, after investigation, Gao Qiang entered the victim's room to commit rape, not robbery.Forcibly snatching the gold ring from the victim's hand was a temporary intention of the defendant during the rape.According to the criminal law principle of consistency of subjectivity and objectivity, this defense opinion is adopted.The current judgment is as follows:
The defendant, Gao Qiang, committed rape and was sentenced to death and deprived of political rights for life; for robbery, he was sentenced to five years in prison and a fine of RMB 1.The two crimes were punished together, and it was decided to execute the death penalty, deprived of political rights for life, and fined RMB 1. " said the presiding judge.

After Gao Qiang in the dock heard the verdict, he slumped on the chair, his eyes were straightened, and tears flowed down instantly.He didn't live enough!
When Fang Yi walked out of the court, Gao Qiang's daughter-in-law walked over quickly: "Lawyer Fang, how are you?"

"Sentenced! Death penalty!" Fang Yi looked at her and said.

With a sound of "Wow", Gao Qiang's daughter-in-law burst out crying, covering her face with her hands and squatting on the ground, weeping uncontrollably.

Although her husband did shameless things, which made her and the children feel embarrassed, they are a family after all, and they still have feelings after beating and scolding for a long time.

"Gao Qiang is clamoring for an appeal in court. I can draft an appeal petition for you, but..." Fang Yi hesitated to speak.His original intention was: For such a thing, you should stop wasting money and hire a lawyer. There is no hope for the second trial.

Gao Qiang's daughter-in-law nodded, she cried a little less, and got into the car with the support of her natal brother.Fang Yi didn't know if the other party understood what he meant, the matter had come to this point, and this was the only way to go.

On the fourth day after the criminal verdict of the high-strength rape case came down, the case of the crime of embezzlement by deputy general manager Zhang, a subsidiary of Shengfeng Group, also opened a court session. Finally, the county court adopted the proposal of the procuratorate, and according to Shengfeng Group and the live broadcast company The agreement reached confirmed the amount of stolen money that should be recovered.

After the criminal verdict came down, the live broadcast company deducted [-]% of the service fee and returned the remaining money to the subsidiary of Shengfeng Group.

Sister Lan kept her word, and on the second day after the money arrived, she paid Fang Yi more than 160 million yuan in legal fees as agreed before, plus a reward of 10 yuan.

After deducting 30.00% of the legal fees, Yike obtained more than 110 million yuan. Of course, this is the amount without personal tax deductions.Considering that the one-time withdrawal of personal tax was too high, Fang Yi did not rush to withdraw the money after the lawyer's fees arrived.

This was the highest legal fee that Fang Yi had received since practicing law, which made him excited for several days.

At the end of October, Wan Kefa walked into the law firm with arrogance, and he finally came back after finishing his treatment.

When Fang Yi was called into the office, the fat old man was observing his rosy face with a mirror.

"What do you need from me?" Fang Yi asked carefully.

He didn't know what kind of medicine the fat old man in front of him was looking for him on the first day he came back, so he was very cautious.

"Xiao Fang, can you see if the skin on my face is a little loose?" Wan Kefa fiddled with the mirror.

"Ah!?" Fang Yi thought in his heart: Isn't it like this when you get older?She's already quite old, but her skin can still look as supple as that of an eighteen-nineteen-year-old girl?Montenegrin old demon!
"What? I'm asking you." Wan Kefa glanced at Fang Yi and said.

"That... your skin is much stronger than Director Hua's. I think it's even better than Huang Huang's. You're flushed and healthy!" Fang Yi flattered.

"Hmph! How can someone surnamed Hua compare to me. I'm thinking about getting a beauty injection these days. I heard from the little nurse at the hospital that the effect is good. At least ten years younger, what do you think?" Mirror side said.

I am a god!After finally climbing out of the drinking pit, the fat old man is going to jump into the beauty pit!Is this a habit of jumping into a fire pit or what!
How should I answer this?At that time, the proprietress will not kill the teacher and ask the teacher for the crime, she will say that the fat old man's beauty treatment is her own instigation!
Fang Yi twitched sadly: I am too difficult!Boss, can't you change your pit?

(End of this chapter)