Lawyer

Chapter 746
"We can work hard in this direction, but without evidence, it is difficult for the court to accept our defense. I think this case can only choose between the crime of acquiring stolen goods and the crime of concealing stolen goods, and this case is based on 'two crimes in doubt'. "Fang Yi finished speaking and looked at Yun Qiao.

"Two crimes in doubt?" Yun Qiao's eyes released a confused light.

"Yes, it means 'two crimes in question'. In terms of sentencing, the crime of acquiring stolen goods is less serious than concealing stolen goods. After all, ordinary perpetrators buy stolen goods for their own use and are less harmful than concealing stolen goods.

In judicial practice, the application of the rule of "two crimes whichever is less serious" is relatively common. "Fang Yi's words are tantamount to giving Yun Qiao a little trouble. Not every lawyer can encounter this kind of case.

"You mean, we want to defend against the crime of acquiring stolen goods?" Yun Qiao suddenly realized.

"No, we can defend according to Gu Jun's statement. After all, he told the public security organs before that he thinks he is innocent and a victim (whether true or false). If we insist that he is guilty, he will definitely explode.

The purpose of our defense is not to let the judge acquit the defendant, but to make the judge have reasonable doubts about what the prosecutor said.

In fact, judging from the existing evidence, it is possible that the defendant knew that the Audi car was a stolen vehicle. In the end, the judge may find the defendant guilty of acquiring stolen goods.This is a defense strategy. "Fang Yi explained.

"Why is it possible for the defendant to know?" At this time, Yunqiao had 1 questions in her head, and every time Fang Yi explained, she would have new questions.

"According to the provisions of Article No. 17 of the "Regulations on the Investigation and Handling of Motor Vehicle Cases of Theft and Robbery" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Administration for Industry and Commerce, those who have incomplete procedures for their motor vehicle certificates or clearly violated the regulations , or purchased a motor vehicle at a price significantly lower than the market price, it may be deemed that the defendant should have known.

The vehicle driving license held by the defendant Gu Jun was forged, and the Audi A6 purchased by the defendant was an imported car. It can be presumed that the defendant knew that the vehicle was stolen. "Fang Yi explained patiently.

Yun Qiao looked at Fang Yi with curious eyes: "Master, how do you know that the used Audi A6 he bought is worth more than 30 yuan?"

"When you assisted Mr. Gu and his son with the entrustment procedures, I checked the price of the Audi A6 in the local second-hand car market with my mobile phone." Fang Yi smiled.

"Oh! Amazing." Yun Qiao expressed admiration.

"But before that, you can't disclose the defense plan to Mr. Gu. Mr. Gu's expectations are relatively high, so we have to suppress their expectations first, and then talk about our plan. Otherwise, the case will be difficult to handle.

Keep an eye on these few days. Once the case file is transferred to the procuratorate, let's go to the procuratorate to review the file, check the case file, and then invite Mr. Gu to talk. "Fang Yi enjoined.

"Yes, I understand." Yun Qiao was about to go out when Zhou Ying and Du Yong knocked on the door and walked into the office.

"Boss Fang, do you have time?" Zhou Ying asked straight to the point.

Seeing Zhou Ying and Du Yong enter the door, Fang Yi knew that they were here for the case of Du Yong's cousin Kong Shu, so he also said to Yun Qiao: "Yun Qiao, don't leave, I will discuss the case with Lawyer Zhou and Lawyer Du." , you listen too."

The three of Zhou Ying each pulled their office chairs and sat opposite Fang Yi.

"I have roughly read the materials you sent me, and let me talk about your understanding of the case first." Fang Yi looked at Zhou Ying and Du Yong. Du Yong's complexion was not very good, and his eyes were full of anxiety.

"Let me talk about it." Zhou Ying glanced at Du Yong: "As for whether the defendant Kong Shu constituted a crime of rape, lawyer Du and I have read the case file, which contains the hotel's surveillance video, the testimony of the hotel receptionist and Judging from the content of the surveillance video, the victim should have been in a state of drunkenness at the time, and his consciousness was not very clear.

Judging from the existing evidence, the defendants Kong Shu and Xiang Qingbin constitute rape crimes, and there are circumstances of gang rape, so the starting point of punishment should be ten years, and they may be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty.

However, the defendant, Kong Shu, assisted the public security organs in arresting his accomplice and performed meritorious service. At the same time, considering that his personal purpose of treachery was not successful, the procuratorate suggested that the court should give him a lighter punishment.

The difference between us and the prosecutor is whether the defendant Kong Shu's behavior is an accomplished crime or an attempted crime.If it is an attempt, the defendant Kong Shu can be given a lighter or mitigated punishment in comparison with the accomplished crime, adding a layer of insurance.When sentencing, the court will also take the above circumstances into consideration and give a lighter sentence. "Zhou Ying said.

"We tend to miss," Du Yong added.

"Tell me your reasons?" Fang Yi looked at Zhou and Du.

"We believe that gang rape can also be divided into completed and attempted gang rapes. Just like in this case, the defendant Kong Shu failed to succeed due to reasons other than his will, so it should be deemed as an attempted gang rape. For attempted gang rape, a lighter punishment can be given by referring to the completed gang rape. Punishment." Without waiting for Zhou Ying to open her mouth, Du Yong explained impatiently.

"What the prosecutor means is that since the two defendants had the common intention of taking turns to rape and they took turns to rape Y, if one of them succeeded in raping Y, the whole case should be deemed as completed rape. It is one of the circumstances of aggravating the crime, and there is no such thing as accomplished or attempted." Zhou Ying said.

"Well, I agree with the prosecutor. When I was a Ph.D. student, I saw a case in a similar situation.

In the rape J case, the rape J plot itself has no independent attempted problem, only the crime of rape has the problem of accomplished and attempted. "Fang Yi said.

"Why?" Zhou Ying and Du Yong were about to speak when Yun Qiao, who was sitting by the side, suddenly asked.

"What is gang rape is the act of two or more men committing rape against the same woman (or young girl) successively within the same period of time out of a common knowledge of adultery.

Criminal rape is one of the situations of aggravated punishment for the crime of rape, as stipulated in Article 230 of the "Criminal Law", and the situation of aggravated punishment only solves the problem of sentencing, that is, the legal punishment grade and the severity of punishment that the court should apply to the perpetrator. question.

As long as the actor in the same case committed gang rape, the corresponding statutory punishment should be applied to him. On the contrary, if the actor did not commit gang rape, he would not have the aggravated punishment. "Fang Yi explained.

"Then if one person succeeds (accomplished) and the other fails (attempted), how should it be applied? If aggravated punishment is applied to both, will there be unfair problems?" Du Yong hoped that Fang Yi would speak to his cousin, but I also want to hear an objective explanation, because the court will not consider the relationship between the defendant and the lawyer.

(End of this chapter)