Lawyer

Chapter 557 What is the crime of taking money after murder?
"Well, according to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Handling of Surrender and the Specific Application of Law for Meritorious Service", there are three situations in which a criminal suspect voluntarily surrenders: [-]. The criminal suspect voluntarily surrenders; persuasion, accompanied by surrender; third, sent by relatives and friends to surrender." Fang Yi said.

"Lawyer Fang, according to your statement, my son should belong to the second category. He surrendered under the persuasion of his relatives and friends," Geng Kunshan said.

"Listen to me. The first case is that the criminal suspect surrenders himself to the public security organ, which is easier to understand; the third case is that relatives and friends send the criminal suspect to the public security organ to surrender. It is also easier to distinguish. The key is The second case.

In the second case, the criminal suspect must have actually committed the act of surrender, or is about to surrender, or is on the way to surrender.

If the criminal suspect only expresses the intention to surrender, but has no actual act of surrender or cannot prove that he is ready to surrender, he cannot be identified as surrendering himself.

In this case, your son Geng Di fled to his uncle's house after the incident. Under his uncle's questioning, he told the story of the murder and agreed to surrender under his uncle's persuasion.This can only show that he has the intention to surrender.

Afterwards, his uncle was worried that Geng Di would go back on his word, so he secretly reported to the police, and the public security organs arrested Geng Di and brought him to justice.

Although your son Geng Di expressed his intention to surrender, he did not directly surrender to the public security organ, nor did he entrust his uncle to surrender on his behalf, and his uncle did not send him to surrender after reporting the crime, which means that Geng Di did not surrender , Therefore, according to the law, Geng Di's behavior cannot be identified as surrender. "Fang Yi explained.

"Ah?! So my son will definitely be sentenced to death?" Geng Kunshan panicked.

"Not necessarily.

Although Geng Di's behavior may not be deemed as a surrender, Geng Kunshui, Geng Di's uncle, actively persuaded Geng Di to surrender and reported the crime.

I think it is impossible for the Provincial High Court to ignore it when adjudicating the case, and it is very likely that it will give a lighter punishment and uphold the original judgment.Because only in this way can the relatives of the criminals actively cooperate and achieve better social effects. "Fang Yi said.

"Oh, in this way, my son still has a chance to survive!" Geng Kunshan felt a little more at ease.

"However, this case is really difficult to handle. The facts of the case are very clear, and there are still risks. I can't give you any guarantee." Fang Yi said.

"Well, I understand! Anyway, the procuratorate has already protested. I definitely can't let my son wait to die. Even if there is a glimmer of hope, I will try." Geng Kunshan nodded.

After sending Geng Kunshan away, Fang Yi took Zhou Ying to the detention center and the court for the next few days, and was busy for a while.

Two days later, in Fang Yi's office, Zhou Ying wrote all the key information about Geng Di's murder case on the whiteboard.Fang Yi sat on the sofa beside him, drinking tea.Tian Xin sat aside, holding a notebook and a pen, listening.

Huang Yuanchao didn't do criminal cases, Tian Xin heard that Fang Yi had taken over a death penalty case, so he asked Zhou Ying to say hello to Fang Yi, and wanted to come and listen and learn.

"How should the defendant, Geng Di, take the opportunity to rob the victim's belongings after intentionally killing someone? Tian Xin, please join me and say boldly, don't be afraid of making mistakes." Fang Yi asked after taking a sip of tea and putting down the cup .

"I think the judgment of the first-instance court is not a problem. The defendant Geng Di's behavior is a murder of passion. Taking the victim's property is a follow-up behavior of the murder. It should be dealt with according to the principle of serious behavior and light behavior. Only intentional homicide is charged." Tian Xin Road.

Nothing happened yesterday afternoon. She discussed the case with Zhou Ying all afternoon and felt that there was nothing wrong with the court's decision.

"Where's Zhou Ying?" Fang Yi looked at Zhou Ying.

"Although the court of first instance judged the crime of intentional homicide, I think Geng Di's purpose of going to the victim's house was for money, and he had the mentality of seeking money. After killing the victim, his act of robbing property constituted a crime of robbery."

"Lawyer Fang, what do you think?" Tian Xin asked.

"I have a different opinion from yours. I think Geng Di's act of robbing property after murder constitutes the crime of intentional homicide and the crime of theft," Fang Yi said.

"Why?" Tian Xin and Zhou Ying asked at the same time.

"I'll tell you my opinion.

According to the "Reply of the Supreme People's Court on How to Convict Cases of Intentional Homicide During Robbery" (Fa Shi [2001] No. 16), the perpetrator premeditates intentional homicide for the purpose of robbing property, or in the process of robbing property, in order to subdue the victim Those who resist and intentionally kill shall be convicted and punished as the crime of robbery.After the perpetrator commits robbery, if he intentionally homicides to silence his mouth, he shall be convicted of the crime of robbery and intentional homicide, and shall be punished concurrently for several crimes.

According to the above-mentioned reply, the condition for constituting the crime of robbery is that the perpetrator first has the purpose of robbing property, and then adopts the means of intentional homicide.The perpetrator intentionally kills for the purpose of robbing property.

If the perpetrator did not carry out the homicide for the purpose of robbing property, but temporarily took away the victim’s property after the homicide, then there is no relationship between the previous homicide and the subsequent behavior of taking money, but for different purposes. The act of committing the crime cannot be identified as the crime of robbery, but should be identified as the crime of intentional homicide and theft respectively.

Let's look back at this case. The defendant Geng Di first went to the victim's house to borrow money. The evidence in the case does not prove that Geng Di had the intention and purpose of robbing property.

When Geng Di's lie was found out by the victim, he became angry and the two sides fought.During the fight, the defendant hacked the victim to death.

It can be seen from this that when the defendant Geng Di first arrived at the victim's house, he just wanted to fabricate excuses to borrow money, and had no purpose of killing people or robbing property.

After the murder, the victim Geng Di took away the victim's property, and his intention to illegally occupy the victim's property occurred after the murder.

It can be seen that there is no criminal causal relationship between defendant Geng Di's murder and his subsequent robbery of the victim's property, so Geng Di's subsequent robbery does not constitute the crime of robbery.

Defendant Geng Di’s act of taking money after murder was two separate acts carried out under the intentional control of two different crimes. It was not part of the act of murder and could not be absorbed by the act of murder. It should be separately designated as the crime of theft. .

Therefore, Geng Di's actions should constitute the crime of intentional homicide and the crime of theft respectively, and should be punished for several crimes. "Fang Yi explained.

"Lawyer Fang, if this is the case, will the Provincial High Court change the sentence to multiple crimes?" Zhou Ying asked.

"No. In this case, although the public prosecution agency accused Geng Di of the fact that he confiscated a huge amount of property from the victim after the murder, he did not charge that Geng Di's behavior constituted another crime of theft.

According to the principle of no accusation, no judgment, the court of second instance will generally not directly increase the determination of this crime during the trial, so this case may eventually be sentenced to criminal law for the crime of intentional homicide. "Fang Yi said.

After Tian Xin listened to it, she was skeptical, but Zhou Ying didn't have any doubts.

(End of this chapter)