Lawyer

At this moment, Feng Danian, Feng Lin's son, was brought by the police across from Fang Yi and sat down.

Feng Da is tall and thin, with a long face and a big nose. Although his facial features don't match well, he doesn't look annoying.

"Feng Danian, I am Fang Yi, a lawyer from Wanhua United Law Firm, and this is my assistant Zhou Ying. Do you know Feng Lin?" Fang Yi asked.

"Yes, he is my father." Feng Danian said with his head down.

"Your father Feng Lin entrusted us to be your defender. If you agree, sign the entrustment formalities." Fang Yi said and handed the entrustment formalities to the other party.

"I agree." Feng Danian nodded as he took the document handed over.

"Do you know what charges the procuratorate has charged you?" Fang Yi asked.

"I know, robbery." Feng Danian said.

"Do you agree with this crime?" Fang Yi asked.

"I don't know if it counts as robbery. I don't know much about it." Feng Danian said, biting his lip.

"Do you still remember what happened?" Fang Yi asked.

"Remember..." After a while, Feng Danian recounted the incident.

At the beginning of the year, Feng Danian was entrusted by a friend to convert [-] U.S. dollars into RMB. During the process of exchanging U.S. dollars, he got acquainted with the victim He Shengguo.

After the deal was concluded, the two sat together and chatted. He Shengguo patted his chest and told him that he had been in this business for more than ten years. In recent years, business has not been good, and many colleagues have changed careers. Let Feng Danian find him in the future. , He has sufficient funds in his hand.

Feng Danian felt that the person surnamed He didn't seem to be telling a lie, so he had a crooked idea in his heart. He thought that the money in this business might not be seen in the light, and it was a cash transaction, so he planned to blackmail the other party.

So in May, Feng Danian rented a small office on the eighth floor of the office building in the county below, and then remodeled the office, replacing it with anti-theft windows and doors.

Afterwards, Feng Danian called He Shengguo and told him that he had [-] U.S. dollars and urgently needed to exchange them into RMB.
After some haggling, the two negotiated the exchange price, and agreed to trade in Feng Da Nian's newly rented office the next afternoon.

In the afternoon of the next day, He Shengguo came to Feng Danian's office alone with 15 yuan in cash, and handed over the canvas bag containing the cash to Feng Danian.

After counting, Feng Danian put the money into the black plastic bag prepared in advance, poured a cup of tea for He Shengguo, then came to a metal cabinet, took out the key to open the cabinet, and there was a small safe inside.

Because there was a transaction before, He Shengguo was more at ease. Seeing Feng Danian opening the safe, he sat on the sofa and drank tea, planning to make another fortune this time.

At this moment, Feng Danian grabbed the black plastic bag and ran out of the door, then slammed the anti-theft door, and then ran downstairs and drove away.

Feng Danian's operation stunned He Shengguo who was leisurely drinking tea. When he woke up, he realized that he had been cheated. At this time, Feng Danian had disappeared at the door.

He Shengguo hurriedly got up and chased after him, but when he came to the anti-theft door, he found that there was no door handle inside the anti-theft door, and there was no device to open the door. There was only a keyhole, and the anti-theft door had been modified.

In a hurry, he wanted to jump out of the window to chase after him, but the eighth floor was too high, and there was a small window on the wall, but it was installed with a security net.It was an hour before he called and called someone over.

Although he knew what he was doing was illegal, but the 15 yuan was unacceptable. How could He Shengguo swallow his anger after being hacked? In the end, he chose to call the police.

A week later, the police arrested Feng Danian at the train station.Feng Danian confessed to the crime and handed over all the 15 he had stolen.

"What did you do before?" Fang Yi asked.

"It's the financial industry." Feng Danian said.

"Financial? Work in a bank?" Fang Yi asked.

"No, I do it myself. I usually do some stitching work, and occasionally help people exchange foreign exchange. If I have nothing to do, I can be regarded as a freelancer in the financial industry." Feng Danian thought for a while.

Whoa!It will really beautify the profession. What kind of job is this? It is similar to unemployment. According to the new term, it is flexible employment.

"Did you install the anti-theft door at the crime scene?" Fang Yi asked.

"Yes, I installed it after I rented the house. I also modified the door handle." Feng Danian said.

"Why did you do that?" Fang Yi asked.

"It's just to trap He Shenguo and prevent him from chasing me. It's all my fault that I was blinded by lard for a while..." Feng Danian's face was full of remorse, and he didn't know if it was true or not.

In the afternoon of the next day, Zhou Ying stood in front of the whiteboard in Fang Yi's office, frowning as she looked at the case elements of Feng Danian's robbery case written on the whiteboard.

"How is it? Have you thought about it?" Fang Yi asked while sitting on a chair, holding a teacup.

"From the point of view of the method of committing the crime, Feng Danian did not use any violence during the crime, nor did he threaten violence. Instead, he took advantage of the victim's unpreparedness and suddenly took away other people's property, which fits the characteristics of the crime of robbery.

However, in this case, Feng Danian fabricated the facts, causing the victim He Shengguo to fall into a misunderstanding and voluntarily handed over the money to Feng Danian.In other words, Feng Danian actually did not have US dollars to exchange for. He used the method of fictitious facts to make the victim "voluntarily" hand over the property to him, which is also in line with the characteristics of the crime of fraud.

The procuratorate accused Feng Danian of robbery. I think there is some truth to it. After all, Feng Danian remodeled the doors and windows of the rented office.

Especially after the anti-theft door was hit, it couldn't be opened inside. Ten thousand yuan in cash, which is in line with the characteristics of robbery.

To be honest, I researched until past one o'clock in the morning yesterday, but I didn't figure out what charges should be charged in this case.Attorney Fang, can you give me a hint, what crime should I be convicted of? "Zhou Ying tilted her head and said helplessly.

"Good guy, I'll give you a multiple-choice question. It's not easy to choose one of the three! It shows that you have really put in a lot of effort, your spirit is commendable, and you should be encouraged." Fang Yi said cheerfully.

In his opinion, it is not bad for a trainee lawyer to be able to analyze a case to this extent.

"Let me analyze the crimes of snatching, fraud, and robbery for you, and then you can judge the charges in this case.

These three crimes are all for the purpose of illegal possession of public and private property, and the objects of crime are public and private property. Anyone can become the subject of the above three crimes.The difference lies in the means and methods of the three crimes:
First, the crime of snatching.Snatching is when the perpetrator takes advantage of the victim's unpreparedness to blatantly seize the public and private property held or controlled by him. The victim often loses control of the property when he is caught off guard, but his own freedom of action is not restricted.

Its characteristic is that the perpetrator ran away after robbing, and fled the scene quickly, which caused the victim to react too late and lose property.For example, speed robbery, in the case of not carrying any murder weapon, general speed robbery will be classified as the crime of robbery.

Second, the crime of fraud.Fraud is a method by which the perpetrator uses fictitious facts or conceals the truth, causing the victim to have a wrong understanding, believe it is true, and then voluntarily hand over property.The perpetrator will not use violence against the victim, nor will he restrict the victim's personal freedom.

Third, the crime of robbery.We have come into contact with this crime more often. Robbery is when the perpetrator uses violence, coercion or other methods against the victim to make the victim lose the ability to resist, seize property on the spot or force him to hand over property.

For example, robbing with a knife, robbing with a murder weapon, or being discovered by the victim during the robbing process, the two parties vying for property, and the perpetrator uses violence to suppress the victim to seize property, all belong to robbery. "Fang Yi explained.

"You just said that in addition to violence and coercion, 'other methods' will be used in the robbery. What do 'other methods' refer to?" Zhou Ying asked with her eyes wide open.

"The 'other methods' used in robbery generally refer to any means other than violence and coercion used by the perpetrator against the victim's body, which can make the victim unconscious or irresistible.

For example, using sleeping pills or narcotics to the victim, or causing the victim to become intoxicated by drinking alcohol, etc. The key is to see whether the perpetrator’s means make the victim lose the ability to control the property, and whether the victim loses the freedom of will to resist the perpetrator’s robbery and freedom of movement. "Fang Yi said.

"Oh, I seem to understand." Zhou Ying suddenly realized.

Fang Yi smiled, and continued: "In this case, Feng Danian lied that he had US dollars in his hand that needed to be exchanged, and used fictitious facts to gain the victim's trust, and he did use fraudulent methods at the beginning.

However, during the transaction, after the victim He Shengguo handed over the money to Feng Da, the latter did not give the dollar to the victim He Shengguo as agreed, resulting in the transaction not being completed.

Under normal circumstances, if Feng Danian can't get the US dollars, the victim He Shengguo can terminate the transaction at any time and get his own money back, because the money has not escaped the victim's sight, and the victim has not lost control of the money, at least in his own opinion. Is such that.Afterwards, Feng Danian took advantage of the victim's unpreparedness and robbed the victim's money on the spot.

From this point, it can be seen that the victim did not voluntarily hand over the property to Feng Danian to take away because of a misunderstanding, nor did Feng Danian illegally obtain the victim's money by deception, so Feng Danian's behavior did not meet the constituent elements of the crime of fraud.

In addition, at first glance, when Feng Danian robbed the money, it seemed that he took advantage of people's unpreparedness to openly seize the money, and he did not directly inflict violence on the victim or threaten violence before and after the event.

But after careful analysis, you will find that the reason why Feng Danian was able to succeed is that he carefully set up the "organ" in advance, that is, he remodeled the office so that the victim could not open the door from the inside of the room, thus causing the victim to be trapped in the office , in a state of being irresistible and unable to take effective measures in a timely manner to regain their property.

Feng Danian's behavior fully complies with the identification standard of "other means" in the crime of robbery, so it should be convicted and punished as the crime of robbery. "

"Oh! I've been thinking about this case yesterday, but I always feel like I'm looking at the flowers in the fog, and I understand everything this time." Zhou Ying smiled like a flower.

"Actually, it's just a layer of window paper. If you don't pierce it, you can't figure it out. Once you pierce it, you can do everything. It's not difficult." Fang Yi smiled.

Before the trial, Fang Yi went to the detention center again and discussed the defense plan with Feng Danian.Although Feng Danian was afraid of being sentenced, he knew that he had made a mistake and that retribution would come sooner or later.

"Lawyer Fang, how many years will I be sentenced to?" Feng Danian couldn't help asking the question that had been entangled in his mind for a long time.

"According to Article 260, Item (15) of the "Criminal Law", you robbed [-] yuan in cash, the amount was particularly huge, and you may be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death, and a fine or confiscation of property .

Of course, all the stolen money has been recovered and returned to the victim, and no economic loss has been caused. The court may give a lighter punishment as appropriate, and there is a high probability that life sentence and death penalty will not be imposed.

I have communicated with your father yesterday, and we will plead your misdemeanor. "Fang Yi said.

Feng Danian nodded and said nothing.

During the trial, Feng Danian was very sincere, pleaded guilty and accepted the punishment, and fully acknowledged the facts of the case.Prosecutors recommended a 15-year prison sentence.Hearing the prosecutor's proposed sentence, Feng Danian's heart trembled, 15 years!

Fang Yi defended Feng Danian as a lesser crime. Since the defendant Feng Danian showed remorse after he was brought to justice, and all the stolen money has been recovered and returned to the owner without causing economic losses, it is recommended that the court give him a lighter punishment.

After the trial, the presiding judge pronounced the verdict in court. Not only was Feng Danian surprised, but Fang Yi was also surprised by the verdict.

The Intermediate People's Court held that the defendant Feng Danian's act of confining others in the room he set up for the purpose of illegal possession, making them incapable of resisting, and then occupying other people's property constituted the crime of robbery.

In view of the fact that the defendant Feng Danian pleaded guilty with a good attitude and showed remorse after returning to the case, and all the stolen money has been recovered and returned to the owner without causing economic losses, he can be given a lighter punishment as appropriate.

The final judgment of the intermediate court: the defendant Feng Danian committed the crime of robbery and was sentenced to five years in prison and fined RMB 1.

five years!Fang Yi was greatly surprised.

Feng Danian was overjoyed, he didn't expect that the court sentenced him to five years, which was much less than the sentence suggested by the prosecutor and the sentence suggested by the lawyer, he couldn't help but despise the prosecutor and Fang Yi, thinking that their level was not up to this level.

The two prosecutors on the opposite public prosecutor's bench looked unhappy, but said nothing, packed up their things and left the court after the verdict was pronounced.

When Fang Yi walked out of the gate of the court, Feng Lin walked over to him.

"Lawyer Fang, thank you." Feng Lin was quite satisfied with the verdict.

"You are welcome, this is what we should do. Although the case has been sentenced, it will not take effect until the criminal verdict is issued and the appeal period has passed. I don't know if the procuratorate will protest." Fang Yi said.

"Then what if we appeal? Is it possible for my son's sentence to be lowered?" Feng Lin thought that the shorter his son's sentence, the better.

"I think it's unlikely. Do you want to appeal?" Fang Yi said.

"I haven't made up my mind yet," Feng Lin said.

He didn't take Fang Yi's words seriously. Fang Yi told him before that the court might sentence Feng Da Nian to more than ten years in prison, but in the end the intermediate court only sentenced him to five years.He felt that Fang Yi's reputation was great, but what he said was not so accurate.