Lawyer

Chapter 748 Will the judge believe it?
"The reason is very simple, because judging from the current evidence, the court probably speculates that your son Gu Jun already knew the fact that the vehicle involved in the case was a stolen car." Fang Yi said.

"Speculation? Why?" Gu Hongqing and his son asked at the same time.

"According to the provisions of Article 310 II of the Criminal Law, the crime of acquiring stolen goods requires that, objectively, the actor has carried out the act of buying stolen goods, that is, the actor has purchased the stolen goods obtained by others through crimes with a corresponding consideration; subjectively, the actor has Intentional purchase of stolen goods means that the perpetrator knows that the object of purchase is the stolen goods obtained by crime but still purchases..." Fang Yi explained.

"But I really didn't know that the Audi I bought was stolen goods!" Gu Jun shouted with an aggrieved face.

Yun Qiao glanced at him, and said in her heart: Pretend, try your best, it's a pity that this acting skill doesn't compete for an Oscar!
"Whether you know it is not up to you or me, the court will make a judgment based on the evidence in the case and legal regulations.

In this case, there is sufficient evidence to prove that the vehicle involved in the case is a stolen vehicle and is stolen goods. You do not deny this, do you? "Fang Yi asked.

The father and son on the opposite side nodded without speaking.

"Before Gu Jun said that the Audi car involved in the case was purchased from a man named Zhao Xin at a price of 21 yuan in the second-hand car trading market.

Judging from the place where the car was purchased, this kind of transaction is normal, but judging from the price agreed by both parties, it can be inferred that Gu Jun subjectively knew that the Audi car was stolen goods, because the difference between the market price and the transaction price was more than [-] yuan. "Fang Yi said.

"Then what if that Zhao Xin is eager to spend money and deliberately sells Audi cars at a low price? In reality, there are many situations like this. If you are in a hurry to spend money and you are not in a hurry to spend money, the price you ask for when selling a car may be very different!" Gu Hongqing argued. .

"That's right, the price he asked me was quite high at the time, and I negotiated with him to reach 21." Gu Jun added.

"Well, even so. But the vehicle license is fake, you don't deny it." Fang Yi felt that there was no need to argue with them, and continued: "I didn't mean to say that, because it involves the facts of the case, you must Give me a reasonable explanation, I don't know what was going on at the scene.

Even if you are hello, me, hello, everyone, in the end, the court will not show affection!So before the trial, we must do a solid job. "

"Well, Lawyer Fang, I understand what you mean. You are doing it for my son's benefit. The driving license is indeed fake, and we can't deny it. Go ahead." Gu Hongqing nodded.

"It's good that you understand.

According to the provisions of Item (17) of Article No. [-] of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State Administration for Industry and Commerce's "Regulations on the Investigation and Handling of Motor Vehicle Cases of Theft and Robbery According to Law", the motor vehicle certificate has incomplete procedures or clearly violates the regulations. It may be deemed that the defendant should have known that the vehicle he purchased was a stolen vehicle.

In this case, the Audi car involved neither had a transaction certificate, nor did it go through the registration (for a license plate car, the driving license was forged) and the transfer procedures. Provisions No. 17, Item ([-]) of the Provisions. After Fang Yi finished speaking, he looked at the Gu family father and son, hoping that they could tell the truth.

"But... Lawyer Fang, I was cheated by that Zhao Xin. I gave him a deposit at the time, and he asked me to drive the car away, and he also gave me a driving license. I really didn't know it when I bought the car. That's stolen goods..." Gu Jun said with a bitter face.

"I would also like to believe your words, but the truth of your purchase process...the court probably won't believe you." Fang Yi said sincerely.

"Why?" Gu Jun stared at Fang Yi with ignorant eyes, as if he wanted to read the answer from his face.

"We have checked the case files. After you were arrested, the public security organs have made three interrogation transcripts for you. In the three transcripts, your account of the car purchase process is basically the same. Generally speaking, your account is higher. credibility. However, the jury may not accept your defense because:
[-]. The public security organ and the procuratorate went to the second-hand car market to investigate and collect evidence, but they did not find the man you mentioned named 'Zhao Xin' in the second-hand car market.And in this trading market, there is no transaction certificate that can prove that you bought and sold vehicles with 'Zhao Xin'.

Therefore, the defense you said earlier about purchasing the vehicle involved in the motor vehicle market has no evidence and cannot be established. There are doubts about how the Audi car came about.

21. After you agreed with 'Zhao Xin' to purchase an Audi car at a price of 10 yuan, you proposed a test run, and the other party asked you to pay a deposit of [-] yuan. You issued a receipt and the vehicle license was handed over to you.

But when the public security organ asked you for a receipt, you claimed that you had forgotten where to put the receipt.

Based on the above, it can be seen that the transaction of the Audi car involved in the case has neither transaction documents nor receipts, and the key witness Zhao Xin has not been able to find out. This transaction is contrary to the rules and common sense of commodity transactions.The public prosecution agency and the court will think that what you said is doubtful and the credibility is not high. "Fang Yi explained.

"I think the transaction is normal! I traded out of my trust in the second-hand trading market. Although there is no transaction document, the car is in my hands. I gave him the money and he let me test the car. What's wrong with that? Is that Zhao Xin? I really don’t know what’s going on.” Gu Jun quibbled.

"Is the transaction really normal? The Audi car transaction is not a general commodity transaction. If you are a minor with no knowledge of commodity trading, no life experience, and no ability to judge, I definitely agree with you.

But you are not. Before you bought an Audi, you just sold your BMW in the same trading place. You know how to trade and have some experience.And according to the evidence in the case, you don't know Zhao Xin. In the huge second-hand car trading market, do you trust anyone? Fang Yi stared at Gu Jun's eyes and asked.

Gu Jun panicked, not knowing how to explain it.Fang Yi knew that as long as he put a little more pressure on him, he might collapse. After all, young people have little experience.

"When Zhao Xin didn't provide the motor vehicle transaction certificate in the second-hand car market, and you couldn't confirm whether the delivered Audi car had any rights and quality defects, you gave the other party 10 yuan with just a receipt. You Don't you think your justification is contrary to common sense?
To take a step back, even if you handed over 10 yuan to the other party as the only certificate to prove the car purchase transaction, from a common sense point of view, it is impossible for you not to keep it properly.

It took less than half a year from the time you bought the car to when the case happened, but you said that the receipt could not be found. Needless to say, I am a lawyer. Even if you drag someone from the street, he will not believe you. There are many cases, what situation has not been seen, he will definitely doubt the authenticity of what you said?So your argument is untenable. After finishing speaking, Fang Yi leaned back on the chair and looked at the other party expressionlessly.

(End of this chapter)