Lawyer

Chapter 474 Chapter 516 517 I severely condemn them

"Presiding judge, judge: ... the defendant Luo Daying entered the bank with an ax for the purpose of snatching it. When the victim took out cash and put it on the counter to handle the deposit business, Luo Daying snatched all the victim's cash of RMB 50, and was later arrested. Caught red-handed.

This court believes that the defendant Luo Daying entered a financial institution with a murder weapon and robbed depositors of a huge amount. His behavior constituted a crime of robbery, and it is recommended to be sentenced to death.complete. " said the inspector.

What?Suggest the death penalty!Luo Daying's eyes straightened immediately. Although he had heard people inside tell him that he might be sentenced to death, he always had a little luck in his heart. He hoped that the procuratorate would be lenient. Now he can only hope for the court. up.

"Defendant Luo Daying defended himself," said the presiding judge.

"I... I didn't rob the bank, I robbed that woman's money, I didn't rob the bank..." Luo Daying's head was in a mess, and his brain went blank.

"Defendant Luo Daying's defender issued a defense opinion." The presiding judge said.

"The presiding judge, the judge: the defender believes that the defendant Luo Daying entered the bank to rob savings customers' funds, the amount was huge, and his behavior constituted a crime of robbery. However, the defendant Luo Daying did not use violence during the robbery process, and it was an attempt. According to the "Criminal Law" Based on the basic principle of matching the crime with the punishment, the court is requested to give a lighter punishment, and it is recommended that the defendant Luo Daying be sentenced to 15 years in prison." Fang Yidao.

"The public prosecutor can respond to the defender's defense opinions." The presiding judge felt that it was necessary for both parties to express their defense opinions in depth. The current defense opinions of both parties are too superficial, which is not conducive to the collegial panel's review of the case.

"Okay, in response to the defender's defense, we would like to make two comments:
[-]. This case involves two circumstances of robbery involving a huge amount of robbery and bank robbery, and should be severely punished.

Article 260 of the "Criminal Law" stipulates eight circumstances that require heavier punishment. Robbery involving a huge amount and robbing a bank are one of the circumstances that require heavier punishment. Heavier punishment should be within the range of fixed-term imprisonment of more than ten years, life imprisonment, and death penalty.

The crime of robbery is a violent property crime with serious social harm. In order to achieve the unity of legal effect and social effect, the death penalty should be applied to deter criminals.

[-]. There is no attempt in the crime of aggravated robbery.

Article 260 of the "Criminal Law" stipulates that whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment Or death penalty, fine or confiscation of property...

In our opinion, the crime of robbery is divided into ordinary robbery (that is, fixed-term imprisonment of more than three years but not more than ten years, and a fine) and aggravated robbery (that is, with eight circumstances, sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty and a fine or confiscation of property).

For ordinary robbery crimes, the completed and attempted crimes should be distinguished by whether or not property is obtained; for aggravated robbery crimes, there should be no attempted circumstances.

The eight aggravated punishments stipulated in Article 260 of the "Criminal Law" include: ([-]) robbery at home; ([-]) robbery on public transportation; ([-]) robbery of banks or other financial institutions; Robbery or a huge amount of robbery; ([-]) robbery causing serious injury or death; ([-]) robbery by pretending to be military or police personnel; ([-]) robbery with guns; .

The above eight situations of aggravated punishment include aggravated circumstances and aggravated results.Whether the above-mentioned eight aggravating circumstances are met is the condition for the establishment of an aggravated crime.Therefore, the aggravated crime of robbery only has the question of whether it is constituted or not, and does not distinguish between unaccomplished and attempted.

That is to say, regardless of whether the defendant forcibly and illegally occupied the victim's property, as long as the robbery has the statutory aggravating circumstances, it meets the conditions for aggravated punishment, that is, there is no attempted robbery for a heavier punishment.

The defendant in this case, Luo Daying, entered the bank and robbed a huge amount of savings customers’ funds. At the same time, he committed two aggravating circumstances of robbing the bank and robbing a huge amount. He has already robbed and was caught during the escape. His behavior is considered to be a completed robbery and should be severely punished. , sentenced to death.complete. " said the inspector.

What's the situation!Why is it still linked to robbing a bank?Fang Yi was startled, robbing a bank is a situation with aggravated punishment, which is what ordinary people call a "felony".

"The defender can respond to the prosecutor's opinion." The presiding judge is quite satisfied with the prosecutor's opinion. With such an opinion, at least a few more pages can be written in the judgment.

"In response to the Prosecutor's defense opinion and response, the defender issued the following defense opinion:

[-]. The act of the defendant Luo Daying was not a bank robbery.

According to Article 260 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases, the term "robbing banks or other financial institutions" stipulated in Item ([-]) of Article [-] of the Criminal Law refers to robbing banks or other Financial institutions' operating funds, marketable securities, and customer funds, etc., emphasize the funds of financial institutions such as banks, not customers.

Defendant Luo Daying's act of entering the bank to snatch the funds of customers who were preparing to make deposits does not belong to the above-mentioned 'customer's funds'.The reasons are as follows:
From the perspective of the original intention of the legislation, the reason why the "Criminal Law" regards robbing banks or other financial institutions as a serious punishment is to highlight the crackdown on crimes against banks or other financial institutions in order to protect the safety of financial institutions.

At the time of the incident, the victim entered the bank and was preparing to handle savings at the window. At this time, the cash was still in the hands of the customer and had not entered the bank. The customer and the bank were two independent subjects, so the defendant Luo Daying's behavior should not be regarded as a crime against the bank. Bank robbery.

Only when the victim's cash has been delivered to the bank staff, Luo Daying's robbery constitutes a bank robbery.

The defender believes that the "client's funds" in the above explanation should be the client's funds under the control of the bank or financial institution, not the cash that the savings client intends to deposit in the bank in this case.

[-]. The crime of aggravated robbery has both completed and attempted cases.

The defender believes that the crime of robbery, which has been aggravated, still has completed and attempted situations.According to the "Criminal Law", the crime of robbery violates complex objects, including both property rights and personal rights. Whether it is robbing property, causing personal injury to others, or both, it is considered accomplished; if Those who did not rob property and did not cause personal injury to others should be regarded as attempted.

Among the eight aggravated circumstances stipulated in Article 260 of the "Criminal Law", except for the aggravated circumstances of "causing serious injury or death due to robbery", the remaining circumstances all have the problem of consummation and attempted robbery. The defendant shall be punished in combination with the relevant provisions of the Criminal Law on attempted crimes.

In this case, the defendant Luo Daying did not commit violent acts from the beginning to the end during the snatching process, and never harmed others.

The defendant, Luo Daying, took advantage of the victim's unpreparedness and snatched the lockbox containing the cash. On the surface, the victim had lost control of the cash in the lockbox.But for the defendant Luo Daying, he did not escape from the banking hall, he did not actually control and obtain the cash in the lockbox, and the defendant was arrested on the spot before running out of the banking hall when the case happened, so the defendant Luo Daying's behavior should be considered an attempt.

[-]. The basic principle of adapting the crime to the punishment stipulated in the Criminal Law should be observed under any circumstances.

The eight aggravating circumstances stipulated in Article 260 of the "Criminal Law" are relative to the general circumstances (imprisonment for not less than three years but not more than ten years).

It can be seen from the provisions of the above-mentioned articles that the application of this article should be carried out from light to heavy, first with fixed-term imprisonment of more than ten years, then with life imprisonment, and finally with death penalty.

Therefore, robbery with eight aggravating circumstances should also follow the basic principle of adapting to the crime, and the applicable sentence should be selected according to the specific circumstances of the case.Whether the robbery caused personal injury or death to others and whether it constituted an accomplished crime should be fully considered when sentencing.

In this case, the defendant Luo Daying robbed with an ax. Although it should be treated as the crime of robbery, which has aggravating circumstances (the amount of robbery is huge), the defendant never used violence or threatened violence, and did not cause any personal injury to others. injury, and is an attempted crime.According to Article 20 of No. [-] of the "Criminal Law", an attempted crime may be given a lighter or mitigated punishment in comparison with an accomplished crime.

To sum up, we recommend that the defendant Luo Daying be sentenced to 15 years in prison.The collegial panel is requested to adopt the opinion of the defender.complete. "Fang Yi said.

……

After the trial, the presiding judge did not announce the verdict in court, and Fang Yi and Zhou Ying returned to the law firm.

"Lawyer Fang, you are so awesome. When the prosecutor brought up Luo Daying's 'robbing a bank' in court, I was taken aback. I didn't expect you to react immediately." Zhou Ying said with admiration.

"When we talked about the case before, didn't you read the entire Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases?" Fang Yi smiled.

"Well, I used that one to read that one, and I really didn't think much about it." Zhou Ying said with a chuckle.

"The lawyer's trial response is trained in the long-term trial. Remember that in the future, the public prosecutor will bring up the situation that he does not know. Don't panic. Once you get confused, the defense effect in the trial will definitely not be good." Fang Yidao.

"Then what should we do?" Zhou Ying asked suspiciously.

"According to local conditions, it depends on circumstances!" Fang Yi said with a mysterious smile.

"This is too difficult!" Zhou Ying said with a bitter face.

"Some things can only be understood but cannot be expressed in words. You have to constantly feel and experience during the court trial. Even if I tell you now, you will have to forget it when your mind is disturbed.

This is the same as marching and fighting. No matter how good the teaching in school is, it is only on paper. It is useless if you have not been on the battlefield (never been in court). The situation on the battlefield (trial) is changing rapidly. When the time comes, no one can help you. .Understand! "Fang Yi said.

"Oh, I see, you just have to hone it in actual combat and understand it yourself, right!" Zhou Ying nodded.

"Yes! But the quality of the heart comes first. If the quality of the heart is not good enough, if you can't bear the pressure, you won't be able to handle major or serious cases, and of course you won't be able to make a lot of money." Fang Yi smiled.

Zhou Ying nodded.

"Okay, you prepare the materials for Sun Dalin's kidnapping case, and make more preparations before the trial. Print out all the legal provisions and judicial interpretations involved." Fang Yi said.

"Okay." Zhou Ying agreed and went out.

During this period of time, Fang Yi has been busy with three criminal cases with legal aid. Fang Yi only took a few simple interviews, and his income dropped sharply.The purpose of handling cases is to make money and improve life. Legal aid cases are overwhelming, and only a few cases will definitely not make money. This is a very real problem, which also makes him quite depressed.

Just as he was thinking wildly, the door opened and Wan Kefa walked in.

"Good guy, the old monk seems to be in meditation, what are you thinking?" Wan Kefa said with a smile.

"It's nothing, I'm thinking about how to rub your luck and make more money." Fang Yi said with a smile.

"Do you feel that the case aided by the method has delayed your money?" Wan Kefa said.

"No, absolutely not. Who is spreading rumors? I severely condemn them." Fang Yi pretended to be serious.

"Xiao Fang, you have learned badly from Lao Huang and Ma Yi! You don't even blush when you tell lies." Wan Kefa pouted his lips and said, "I'll give you a chance to make meritorious deeds."

"Why don't you just make meritorious service and atone for your sins! Lao Wan, you can't wrong me." Fang Yi argued.He didn't know what the fat old man was planning.

"It's useless to talk less, Qian Wen has resigned, you can see if there is a suitable lawyer to take over Qian Wen's job." Wan Kefa said.

Ever since Qian Wen was depressed, Wankefa had the idea of ​​recruiting a lawyer, but it has not been able to find a suitable lawyer, so the team assigned Qian Wen's legal aid case to other lawyers in the team, but this was only a stopgap measure , not for long.

Lawyers who don't want fat jobs. It's normal not to catch a cold for the tasteless tasteless food of legal aid, and everyone will definitely have opinions after a long time.Therefore, Wankefa recommends internal recommendation to solve the problem of legal aid lawyers.

"Only legal aid cases?" Fang Yi asked.

"Focus on legal aid, and without delaying the legal aid case, you can do other cases without restriction." Wan Kefa said.

"I'll keep an eye out, I have a suitable recommendation for you." Fang Yi said.

A few days later, Luo Daying's case came to a verdict, and Fang Yi went to the Intermediate People's Court to receive the criminal verdict.

The Intermediate People's Court held that the defendant Luo Daying robbed other people's property with a murder weapon, the amount was huge, and his behavior constituted the crime of robbery.The charges of the public prosecution organ were found guilty and should be confirmed.

Defender Fang Yi's defense opinion on attempted crime is not accepted because the defendant Luo Daying was caught while fleeing after robbing the victim's money, and his crime has been completed.In accordance with the provisions of Article 260, Paragraph 260 and Article [-], Item ([-]) of the Criminal Law of the People's Republic of China, the judgment is as follows:
[-]. Defendant Luo Daying committed the crime of robbery and was sentenced to death, deprived of political rights for life, and confiscated all personal property.

[-]. The murder weapon, the ax, was confiscated and destroyed according to law.

(End of this chapter)