Lawyer

Lawyer Zhao was a little embarrassed when Fang Yi asked him this question. He told the truth. It turned out that Lawyer Gao had taken a criminal case and discussed with him for a long time. As a result, the more disagreements grew, the more he wanted to ask Fang Yi for advice.

Fang Yi was overjoyed when he heard it, and told him that colleagues don't need to be so polite when discussing the case.But Lawyer Zhao felt awkward always asking Fang Yi for help.

In the afternoon, lawyers Zhao and Gao from Hua Liancheng's team came to Fang Yi's office with the case files.

"Lawyer Fang, here are the materials of the case, just look at it, let me briefly introduce the case.

The two defendants are both from other provinces. One is Deng Zigen, who was sentenced to two years in prison for robbery, and the other is Diao Junping, who has no criminal record.I defended Deng Zigen, and lawyer Zhao defended Diao Junping.

In mid-September last year, defendants Deng Zigen and Diao Junping conspired to rob this city. After some planning, they bought sharp knives, ropes, rubber gloves, and a map of this city in a store.

After the two of them came to the city, they looked for the target, and finally they stared at the taxi.

At around six o'clock in the evening, Deng Zigen and Diao Junping claimed at the train station that they were going to visit relatives in the county below. They negotiated a taxi for [-] yuan and planned to rob the taxi driver in a secluded place.

From the time the taxi drove out of the urban area to the county below, Deng Zigen and Diao Junping never found a suitable opportunity to attack.

Then the two asked the driver to take them to Linxian County for [-] yuan on the grounds that their relatives were not at home.The roads in the county are not easy to travel, and it has just rained, with potholes and taxis dangling.

The taxi driver inadvertently saw through the rearview mirror that Deng Zigen and Deng Zigen sitting in the back row had different eyes, and they often muttered in a low voice, and their hearts suddenly became alert.

At this moment, the taxi jolted violently, and with a "dang", the knife on Deng Zigen's body fell to his feet.

The driver was shocked, and Deng Zigen and the two were also shocked. The expressions of the three people in the car froze instantly, embarrassed!
It just so happened that there was a police station in front of him. The driver was so quick-witted that he slammed on the accelerator and rushed into the police station.The policeman on duty saw a car rushing in, and immediately ran out to have a look.

At this moment, the taxi driver slammed on the brakes, and Deng Zigen and Diao Junping who were sitting in the back row hit the back of the front seat.The taxi driver hurriedly opened the door and jumped out of the car, shouting "robbery" at the police.

The policemen who ran out were stunned for a moment, and suddenly came to their senses, and rushed up with the assistant policemen to control Deng Zigen and Diao Junping in the car.

Later, the police found sharp knives, gloves and ropes from Deng Zigen and Diao Junping. The two denied it at first, saying they went to a relative's house.

The police asked them to report the names and addresses of their relatives, but the two couldn't tell, and finally admitted that they planned to rob the taxi, but because they were timid, they never found a suitable opportunity, so they never succeeded.

The county procuratorate believes that the defendants Deng Zigen and Diao Junping attempted to rob a taxi driven by others by violent means for the purpose of illegal possession, and prepared tools and conditions for this, which constituted the crime of robbery.The procuratorate then transferred the two defendants to the court.Before the Chinese New Year, the court notified us that the court will be held on the sixteenth day of the first lunar month. " Lawyer Gao said.

"The defendant in this case, Deng Zigen, is the cousin of my college classmate. He found me after New Year's Day and asked me to help represent this case.

They were all old classmates, and I couldn't ignore them, so I took the case.Later, I discussed the case with Lawyer Zhao, and there was a big disagreement, so I thought about asking you for advice. Lawyer Gao looked at Fang Yi who was flipping through the case file and explained.

"What do you think?" After a while, Fang Yi looked up at Lawyer Zhao and Lawyer Gao who were sitting opposite.

"This is what I think. Although the two defendants in this case constituted a crime of robbery, the crime was suspended because after the taxi driver drove the car into the police station, the two voluntarily gave up the robbery.

According to the provisions of the second paragraph of Article 20 of No. [-] of the "Criminal Law", for the suspended crime, if no damage is caused, the punishment shall be exempted; if damage is caused, the punishment shall be mitigated.Therefore, although the two defendants constituted the crime of robbery, they did not cause any damage and should be exempted from punishment. " Lawyer Gao said.

"I disagree with Lawyer Gao's opinion. I think the two defendants in this case constituted a crime of robbery, but it is a preparatory crime. The reasons are:

The first and second defendants had already made a robbery plan before getting into the taxi, so subjectively, the defendants rented the taxi for the purpose of robbery, which had a criminal purpose.

[-]. The second defendant objectively prepared tools such as sharp knives and ropes, and carried out the act of preparing tools or creating conditions.

[-]. The second defendant did not give up voluntarily, but was caught by the taxi driver when he continued to look for opportunities to do so. The taxi rushed into the police station, and the driver called the police, so that the robbery crime of the second defendant could not be carried out. " Lawyer Zhao said.

"Lawyer Fang, what do you think?" Lawyer Gao asked.

"Let me state my opinion for your reference.

First of all, I agree with Lawyer Zhao’s opinion. In addition to the two things that Lawyer Zhao said just now, there are two other reasons:

First, the defendant has not started to commit the crime, so it should belong to the crime preparation.As far as the crime of robbery is concerned, in my opinion, only when the perpetrator has implemented violence, threats and other means to demand money can it be regarded as a crime 'starting'.

Second, in this case, the defendant's failure to commit the crime was due to reasons other than the perpetrator's will, not voluntary.This is the fundamental difference between preparation for crime and the cessation of crime in the preparatory stage.

Suspension of crime means that in the process of committing a crime, the perpetrator voluntarily gives up the criminal act or voluntarily gives up committing the crime when it is possible to commit the crime.

In any of the above situations, the perpetrator must give up subjectively voluntarily and voluntarily, rather than being forced to give up due to external reasons.

In this case, the defendants jointly planned to rob a taxi, prepared tools such as knives and ropes, selected the target of the robbery, and lured the taxi to the predetermined location. Carrying out a crime of robbery, the taxi driver does not know that they are going to commit a robbery.

The reason that the two defendants did not start the robbery was not because they realized their conscience and voluntarily gave up the crime, but because the timing was not ripe enough.Later, because the taxi driver was vigilant and reported the crime, the defendant's behavior was forced to stop at the preparatory stage of the crime. "Fang Yi said.

"According to the provisions of Article 20 of No. [-] of the "Criminal Law", for a preparatory crime, it can be given a lighter punishment, mitigated punishment or be exempted from punishment in comparison with an accomplished crime.

In this case, the defendant did not cause any damage to the taxi driver, so can he seek mitigation or exemption from punishment? Lawyer Zhao asked.

He felt that what Fang Yi said was reasonable, no matter whether it was the suspension of the crime or the preparation of the crime, the final result would be the punishment.