Lawyer

Chapter 519 A Disappointing Thing
"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.

"The presiding judge and the judges: The public prosecutor believes that the defendant Sun Shengli illegally printed a large number of bath tickets and sold them in the society in order to seek illegal profits. His behavior seriously disrupted the economic order of the local market and caused certain losses to the operation of the county hotel. .

In addition, the bath ticket forged by the defendant has a certain value and is a valuable ticket.The defendant's behavior violated two crimes at the same time, which is an imaginary joint crime. He should choose one felony and be convicted and punished as the crime of illegal business operation.

Defendant Sun Shengli illegally printed a large number of bath tickets, which is in line with the "serious circumstances" of the crime of illegal business operations.In view of the fact that Sun Shengli has a good attitude of pleading guilty after being brought to justice, and has a certain degree of repentance, it is recommended that he be sentenced to one year and six months in prison and a fine of [-] yuan.complete. " said the inspector.

"Defendant Sun Shengli defended himself," said the presiding judge.

"I pleaded guilty and accepted the punishment, and I ask the judge to give me a lighter punishment. I really didn't sell a few bath tickets..." Sun Shengli felt that the sentence suggested by the prosecutor was a bit long, and hoped that the court would be lenient and reduce the time and fine. .

"Defendant Sun Shengli's defender, express his defense opinion." The presiding judge looked at Fang Yi.

"The presiding judge and judges: the defender believes that the evidence in the case cannot prove that the defendant Sun Shengli's behavior has seriously disrupted the local market economic order, and his behavior does not constitute the crime of illegal business operation, but should be punished as the crime of forging valuable documents. The reasons are as follows :
[-]. Bath tickets belong to "other valuable tickets"

Article 220 of the "Criminal Law" stipulates that forging or reselling forged train tickets, boat tickets, postage stamps or other valuable instruments, if the amount is relatively large, constitutes the crime of counterfeiting valuable instruments.

The "other valuable tickets" mentioned in the above provisions shall be valuable tickets with the same attributes as train tickets, ship tickets, postage stamps, etc., and shall be issued and managed by relevant departments in a unified manner. Tickets for services, such as bus tickets, subway tickets, etc.

These tickets all have common characteristics: first, they have a certain face value; second, they have certain economic benefits for the holder; efficient.Fourth, it is reflected in the provision or acceptance of certain services, and there is a clear legal relationship between the two parties.

In this case, the victim’s county hotel is a legally established operating unit whose business scope includes bathing services and has the right to print bathing tickets and sell them within a certain range.The bath ticket printed by the hotel is a written voucher with a definite denomination approved by the local price department and normally circulated and used in the local society.

Therefore, bath tickets, like train tickets, ship tickets, and postage stamps, have the characteristics of "other valuable tickets" stipulated in Article 220 of the Criminal Law. The defendant Sun Shengli forged the bath ticket, which constituted the crime of forging valuable tickets.

[-]. The defendant forged a relatively large amount of bath tickets
At present, the "Criminal Law" and judicial interpretations do not clearly stipulate the "large amount" stipulated in the first paragraph of Article 220.

Paragraph 220 of Article [-] of the "Criminal Law" juxtaposes the act of "forgery of other valuable tickets" with the act of reselling tickets. Therefore, the defender believes that the social harm of forgery of other valuable tickets and the act of reselling tickets lies in a certain The extent should be equivalent.Therefore, you can refer to the relevant judicial interpretations on reselling tickets and the filing standards for counterfeiting other valuable tickets.details as follows:
Article 1999 of the Interpretation of the Supreme People's Court on Relevant Issues Concerning the Trial of Criminal Cases of Reselling Tickets (Fa Shi [17] No. 5000) stipulates that reselling tickets at high prices, changing prices, or increasing prices in disguise, or reselling seats, sleeper signature numbers, and ticket purchase certificates, face The amount is more than 220 yuan..., which constitutes the "serious circumstances of ticket reselling" stipulated in the second paragraph of Article [-] of the Criminal Law.

Article 20 of No. 5000 of the "Regulations on the Standards for Filing and Prosecuting Criminal Cases Under the Jurisdiction of Public Security Organs (I)" (issued in June [-]) issued by the Supreme People's Procuratorate and the Ministry of Public Security stipulates that counterfeiting or reselling counterfeit other valuable tickets If the cumulative amount exceeds [-] yuan, a case shall be filed for prosecution.

The evidence in the case shows that the face value of the bath tickets forged by the defendant Sun Shengli in this case totaled 5000 yuan, which should be determined as a 'large amount'.Therefore, the behavior of the defendant Sun Shengli should constitute the crime of forging valuable documents.

In view of the fact that the defendant Sun Shengli had a good attitude of pleading guilty after being brought to justice, he showed a certain degree of repentance, and was a first-time offender, the defender suggested that the defendant Sun Shengli should be sentenced to five months of criminal detention.complete. "Fang Yi said.

When Fang Yi communicated with the prosecutors about the case before, the two sides agreed on the crime of forging valuable documents, but Fang Yi believed that Sun Shengli's behavior did not constitute imaginary competition.Therefore, Fang Yi believes that it is necessary to work hard on the crime of forging valuable documents, analyze the problem thoroughly, and explain it to the judges of the collegial panel.

Fang Yi believes that even if he does not mention the crime of forging valuable documents, the judges will think about it, because the prosecutor has already mentioned the concept of imaginary joint crime in the relevant prosecution documents.

In addition, as of now, Sun Shengli has been detained for more than three months. Fang Yi suggested that Sun Shengli be sentenced to five months of criminal detention, which has given the court time to issue a judgment.

……

"... this case has been deliberated by the collegial panel and has formed a judgment opinion. In view of 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:

Defendant Sun Shengli used illegal means to forge valuable certificates, the amount of which was relatively large, and his behavior constituted the crime of forging valuable certificates.

The facts of the crime charged by the public prosecution against Sun Shengli are clear, the evidence is reliable and sufficient, but the application of the law is wrong, and Sun Shengli does not constitute the crime of illegal business operations.

In view of the fact that the defendant Sun Shengli has a good attitude of pleading guilty after being brought to justice, and has a certain degree of repentance, he can be given a lighter punishment as appropriate.In accordance with Article 220, Paragraph 70, No. 70 Article [-], and No. [-] Article [-], Paragraphs [-] and [-] of the Criminal Law of the People's Republic of China, the judgment is as follows:
Defendant Sun Shengli committed the crime of forging valuable certificates and was sentenced to six months in prison, suspended for one year, and fined 5000 yuan. " said the presiding judge.

Although the collegial panel did not adopt Fang Yi's sentencing suggestion, it adopted Fang Yi's defense opinion on conviction and sentenced Sun Shengli to a suspended sentence for one year.

It is a great thing for Sun Shengli that he no longer needs to squat in the detention center.It's just that he has no money in his pocket, and Sun Rongrong has to help solve the fine.But Sun Rongrong felt that the money was worth the money, and her brother's freedom was far more important than money, even though her brother was an underdog.

After the court session, Sun Rongrong's family invited Fang Yi and Zhou Ying to have a meal in the county to express their gratitude.

(End of this chapter)