Lawyer

"This is not necessarily the case, it depends on the degree of social harm of criminal preparation.

In this case, the two defendants premeditated to rob a taxi, and in order to control the victim, the defendants prepared tools such as sharp knives and ropes.

In order to familiarize themselves with the field environment, they also bought a map, and specially scheduled nights to carry out robbery in remote places, and used high taxi fares as bait. Once the robbery was carried out, the consequences would be quite serious.

Objectively speaking, the degree of social harm caused by the defendant's criminal preparatory behavior is still very large.Therefore, although it is a preparation for a crime, the probability of being sentenced to fixed-term imprisonment is very high. "Fang Yi said.

"Lawyer Fang, you said that the defendant was going to commit a crime in a taxi. Does that belong to 'committing a crime on public transportation' and should be sentenced to more than ten years in prison?" Lawyer Zhao asked.

"The Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (Fa Shi [2000] No. 35) promulgated by the Supreme People's Court stipulates that 'robbing on public transport as stipulated in Item (260) of Article [-] of the Criminal Law ', including not only the robbery of passengers, salesmen, and flight attendants on all kinds of buses engaged in passenger transportation, large and medium-sized taxis, trains, ships, airplanes, etc. Robbery of persons on public transport after the motorized public transport on the way is intercepted.

According to the above judicial interpretation, small taxis do not belong to 'public transport', so the defendant in this case does not constitute the legal situation for the crime of robbery that should be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death. "Fang Yi said.

Zhao and Gao were skeptical of Fang Yi's words, but according to Fang Yi's professional ability in the past, after the final discussion, they chose to believe Fang Yi.

Facts have proved that Fang Yi's words are correct.

After the trial, the county court held 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, and their behavior constituted the crime of robbery.When preparing to commit a robbery, but failing to succeed due to reasons other than will, it is a criminal preparation and can be punished lightly according to law.

In the joint crime, the defendant Deng Zigen played the main role, was the principal offender, and had a criminal record, and should be given a heavier punishment; the defendant Diao Junping played a secondary role, was an accessory, and should be given a lighter punishment.Final verdict:
2000. Defendant Deng Zigen committed the crime of robbery (preparatory) and was sentenced to four years in prison and fined RMB [-];
1000. The defendant Diao Junping committed the crime of robbery (preparation) and was sentenced to two years in prison and a fine of RMB [-].

The reasoning of the court's decision was actually quite different from what Fang Yi said. Zhao and Gao admired Fang Yi's professionalism.Of course this is all for later.

There were not many cases after the Chinese New Year, so Fang Yi was free for a few days. Apart from reviewing cases every day, he chatted with Huang Yuanchao and others.

On this day, Fang Yi was fighting with Huang Yuanchao and others in Wanke Law Office, when he suddenly received a message that a client appointed him to handle a criminal case.

Fang Yi got up and went back to the office. After a while, the legal assistant brought him the case file, which was a poisoning case.Two minutes after the paralegal left, Zhou Ying ran over.

"Lawyer Fang, I heard that someone appointed you to handle the case. Take me!" Zhou Ying chuckled and put a box of chocolates in front of Fang Yi.

"Hey, have you learned how to give gifts?" Fang Yi glanced at the chocolate and said with a smile.

"What do you mean by giving a gift? Attorney Huang is my nominal master, and you are the master who led me to handle the case. How can it be called a gift when an apprentice honors the master? Do you think this is the reason?" Zhou Ying was not happy when she heard it. retorted.

"You are getting more and more talkative. This is the case file. You should make an appointment with the client first." Fang Yi handed the case file to Zhou Ying.

"Deling! I'll tell you when we have an appointment." Zhou Ying ran out of the office like a gust of wind after taking the file.

After lunch, Fang Yi just wanted to squat on the sofa for a while, when Ma Yi walked in and sat down on the opposite sofa.

"Why haven't you seen your Mei Xiaoting these two days?" Fang Yi asked, throwing a cigarette to Ma Yi.

"Hey! I went to other provinces with the team after the Chinese New Year, and there is a merger and acquisition project." Ma Yi took the cigarette listlessly and glanced at it: "Brother, can I have a cigar? Don't have red plums every day. Life should be enjoyed, not by yourself." Find guilt."

"It's good to give you cigarettes. The cigars I kept at home were misfortune to you last time. You still have the face to mention cigars to me." Fang Yi said angrily.

"Stingy! I'll give you a box of authentic Cuban cigars in a few days." Ma Yi said after taking the lighter and lighting the cigarette.

After hearing this, Fang Yi stretched out two fingers at him.

"What do you mean? Scissorhands!" Ma Yi also stretched out two fingers in cooperation.

"Fuck off! You have told me no less than twenty times, and I will remember them all for you. The Spring Festival is over, and I haven't seen your Cuban cigars yet." Fang Yi rolled his eyes at him and said.

"Look at you, why do you still remember this? How nerve-wracking! Your brain is used to memorize professional knowledge, how can you waste it on it!" Ma Yi said with a smile.

"Stop talking nonsense... Hey, what's the matter with your face? Did you fail to do ideological work for the female client, and was scratched by the old woman?" Fang Yi said with a suppressed smile.

There are two bloodstains on Ma Yi's left cheek, shallow, it should just be a broken skin.

"Don't talk nonsense. I'm not being tickled by old women... fellow women, but by old men, a special old man.

There was a divorce case in court this morning. I represented the plaintiff and the woman. The defendant was a fat man weighing more than 200 kilograms. During the trial, the defendant suddenly burst into tears. The crying was called pear blossoms with rain... No... Speechless, The judge who was crying was upset, and I was sympathetic to the plaintiff when I was crying.

Later, when the trial was over and I was signing the transcript, the defendant's big fat man suddenly rushed over hysterically. "Ma Yi said.

"What happened next?" Fang Yi asked.

"Later, the defendant was taken away by four bailiffs. I have seen it. If a man is a woman, there is nothing wrong with a woman." Ma Yi said seriously.

At ten o'clock the next morning, Fang Yi asked the client of Zhou Yingyue's poisoning case to come to the law firm.

In the conference room, a middle-aged man sat opposite Fang Yi and Zhou Ying, looking at Fang Yi with a sad face.His name is Nie Shengwei, and he is the brother of the defendant Nie Shengping.

"Mr. Nie, your sister Nie Shengping's case has already reached the court, and the trial is about to begin. Why did you think of hiring a lawyer just now?" Fang Yi asked a puzzled question.