You became a lawyer and sent the judge in?

Chapter 321 Rejection of trial? !Appeal to the Supreme Court!

Involving cases that the Supreme People’s Procuratorate attaches great importance to...

Generally, they are major cases, such as public opinion discussions involving criminal acts.

Or it involves the judgment of an unusual case.

The judgment of abnormal cases here refers to unjust, false and wrongful convictions.

For example, in a work report released by the Supreme People's Procuratorate in a certain year, more than a dozen domestic cases were named as the focus of attention.

These include - "Poisoning Case" and "The Famous Unjust, False and Wrong Case of Being Unjustly Imprisoned for 26 Years"

"A well-known fruit in Yunnan Province violated the regulations and commuted his sentence" and "Involved in anti-violent forced death cases", etc.

These cases have certain characteristics in common, that is, they are well-known and have a lot of public opinion.

Or there are major problems with the definition of crime in the case.

And it involves a relatively complex crime determination situation.

To put it bluntly... there is only one thing, and that is that court cases, whether they are charges or procedures, have a relatively large impact on society.

That’s why it gets the attention of the Supreme People’s Procuratorate.

For Luo Daxiang to speak directly, it may involve a case that the Supreme People's Procuratorate attaches great importance to.

The complexity of this case is certainly huge!

Su Bai smiled and said: "It involves a case that the Supreme People's Procuratorate attaches great importance to. This case must be quite big!"

"Teacher Luo, where did your case come from?"

Luo Daxiang responded: "Let's talk later. This time I'm coming to Nandu to attend a meeting."

"The meeting is over now. Let me go to your law firm to chat."

"Okay! Then I'll wait at the law firm!"
.
....
In the law firm, Luo Daxiang sat on the sofa in the office and chatted with Su Bai about the recent situation.

This is Luo Daxiang’s first time coming to Baijun Law Firm.

It is inevitable that we will talk about other things.

After a brief chat, Su Bai took the initiative to ask about the case that was of great concern to the Supreme People's Procuratorate.

"Teacher Luo...you said on the phone that this case has attracted the attention of the Supreme People's Procuratorate."

"What's the situation?"

"Could this case involve the trial party or the prosecutor again? Is it an unjust, false or wrongly decided case?"

When Luo Daxiang heard Su Bai mention this case, his expression became a little serious and he shook his head.

"This case does not involve a conventional miscarriage of justice."

"It's a recent case."

"The issues involved in the case are a bit complicated. To be precise, there are big problems in the way the case is filed and judged."

Are there big problems with the way cases are filed and judged?

Does this mean that there is a problem with the legal interpretation of the crime in this case?

Su Bai heard Luo Daxiang introduce this case, and his curiosity was aroused.

Luo Daxiang continued: "You must have heard of Crime Preparation, right?"

"I heard."

Preparation for crime is found in Section 22, Article [-] of the Criminal Law.

To prepare tools for crime, it is crime preparation that makes the tools.

For preparatory crimes, the punishment can be reduced or exempted from punishment compared with the completed crime.

Crime preparation and crime attempt are both the result of failure to complete the crime based on objective facts.

Therefore, starting from the established criminal charges, certain criminal penalties can be reduced.

In layman's terms, it probably means that you haven't committed a crime yet, but you are planning to commit a crime.

And he committed the act in preparation for committing the crime.

This practice is called crime preparation.

only.…

In criminal cases, criminal preparation is difficult to define.

In other words, the time to prepare for a crime is very short, and it is difficult to have a sufficient chain of evidence to prove the suspicion of a crime.

There are very few cases of this crime being adjudicated domestically.

This crime was in Su Bai's understanding.

The crime of crime preparation is a crime that aims to reduce criminal behavior before committing a crime and punish the criminal.

For example, two people have a conflict, and one party has the idea of ​​committing a crime and murder against the other party, and takes action in the process.

In the process, the party about to be killed discovers the actions of the other party.

Call the police in time and thwart the other party's behavior.

So is it inappropriate to determine intentional homicide in this process?
Because the person hasn't taken action yet, how can you determine that the person committed murder intentionally?

What is intentional homicide?Intentional homicide has objective facts.

Attempted intentional homicide?Attempted intentional homicide also requires the existence of objective facts to be defined as an attempt.

If there is no action, then there is no crime.

Based on the fact that there are no objective facts above, is there no way to kill someone who wants to kill someone?
No.

At this time, you can completely use crime preparation to file a case and convict the party who wants to commit the crime.

This is the legal application scenario of this crime.

Therefore, it generally does not matter whether the crime is filed, prosecuted, or sentenced under specific circumstances.

It is not easy to advance and carry out.

"Is this case related to crime preparation?"

"Yes...it is indeed related to crime preparation, and based on what I understand and the first trial that has already been completed."

"This case...the sentencing method is intentional homicide based on criminal preparation."

"The client was sentenced to one year and six months in prison."

Preparation for intentional homicide, sentenced to one year and six months in prison?

"Then in this process... what is the specific evidence for sentencing?"

Luo Daxiang said: "The specific evidence for the penalty is based on the client's confession. I want to kill you."

"The public prosecutor and the collegial court believed that this sentence was potentially threatening and showed a subjective intention to kill."

"So this is used as the criterion for sentencing."

"I know that the specific scene is also important... I have seen the scene in the judgment, and the specific scene is like this..."

"..."

???

After listening to Luo Daxiang's description, Su Bai frowned slightly.

how to say.…

According to Luo Daxiang's description, this case completely failed to meet the conditions for criminal preparation.

Then why is he still sentenced to one year and six months in prison for intentional homicide?

In this case, the scene described is - a man and a woman, the woman cheated on her and was discovered by the man.

In this case, if the man blurts out, he will definitely kill the woman in the future.

But in this case, it was just words, without actual actions.

The woman reported the crime.

There is a follow-up situation.

From the overall situation.

Whether it is in accordance with legal principles or in accordance with common sense, it does not conform to the logic of the law.

After Su Bai learned about the case, he immediately decided to take it on.

And ask Luo Daxiang to notify the relative client and sign an entrustment agreement, so that he can continue with the relevant procedures.
.
....
Is it Fang You, the father of the client, who came to contact us about this case?

The person involved, Fang Rufeng, was sentenced to one year and six months in prison.

The process of signing the entrustment was very fast and there were no other problems.

This case was originally introduced by Luo Daxiang.

Therefore, both Fang You and Fang Rufeng accepted the commission from Bai Jun Law Firm.

After getting the commission.

Su Bai brought relevant materials to the location where the case was filed, a county near Shadu.

Linsha County Detention Center.

This case is a sentencing case conducted by Linsha County Basic Court.

The party concerned, Fang Rufeng, is being detained at the Linsha County Detention Center and has not been transferred to prison for the time being.
.
....
Inside the jail.

Fang Rufeng described the entire process in detail and kept complaining:
"She cheated on me at the time, and she kept irritating me, saying that I was a loser, that I couldn't make money, and that I deserved to be cuckolded."

"I definitely can't bear this!"

"I just said, I want to kill her!"

"Then a case was filed. I don't even know what happened and why the case was filed..."

"I didn't do anything, I didn't do anything, and now I'm being prosecuted?"

"I was sentenced to one year and six months in prison...I simply cannot accept it."

"And on top of that, the woman is now filing for divorce."

"They said I had the tendency to kill her, that I had committed a crime, and asked me to leave the house to compensate for her mental loss."

"My parents have reconciled with her, and she still wants my parents' pension. Isn't this inappropriate and she wants to eat up the money my family has worked hard to save all their lives?"

"Why?"

Su Bai signaled Fang Rufeng to calm down first:
"The judgment in this case is indeed unreasonable, but the first thing we have to do now is to sort out this case."

"Good lawyer..."

Fang Rufeng nodded and calmed down his emotions.

Immediately afterwards, Su Bai asked a few more key questions.

When Su Bai walked out of the detention center, he breathed a sigh of relief.

What can I say about this case? I almost understand it.

Overall...the reason why Luo Daxiang said this case would be taken seriously by the Supreme People's Procuratorate.

It's because the judgment in this case is very unreasonable.

The charge is inappropriate.

The sentencing of the crime does not apply to the circumstances of the crime.

Whether a crime is committed depends on the facts.

There are no criminal facts, and the sentence is based on criminal preparation, but it does not meet the circumstances of criminal preparation.

Based on the above points, the determination of the crime is extremely unreasonable.

Then there is.

If the judgment is made according to this situation.

Then maybe a simple sentence will make people go in and squat.

The authority of this crime has been seriously enlarged, which is different from the original intention of formulating this crime.

If this case becomes a big publicity, at least it will have a certain degree of exposure in the legal circle.

Then the Supreme People's Procuratorate is very likely to make an understanding and application of this crime.

Just like Qi Feng's self-defense case, it was written into the criminal law book.
.
....
Su Bai read the verdict and the file when he went to meet Fang Rufeng.

The evidence and evidence of Fang Rufeng’s confession in the judgment——

In the case of Fang Rufeng's wife cheating, based on common sense, it is very likely that the man will carry out his criminal intention.

So when Fang Rufeng blurted out, I want to kill you, this was a subjective condition.

And in this case, Fang Rufeng had the conditions to commit the crime.

Based on the above, Fang Rufeng was convicted of intentional homicide in accordance with Article 22 of the Criminal Law and sentenced to one year and six months in prison.

Common sense?

Bullshit common sense!

There are obviously certain problems with the first-instance judgment.

After accepting the entrustment, Su Bai compiled relevant evidence materials and applied different laws.

A request for a second instance was filed with the Sadu Intermediate Court.

During this period, Su Bai also made a special trip to the detention center to understand the situation.
And I comforted Fang Rufeng that there were certain problems in the application of the law in this case.

Let him wait patiently for some time. After the intermediate court accepts the case, the case will be overturned.

at the same time.…

Su Bai is also sorting out the litigation materials to be submitted to the second instance and evidence that is beneficial to the other party.

After everything was ready, Su Bai waited for the court's reply.

But what I waited for was a rejection reply from the Intermediate Court——

The Intermediate People's Court held that the judgment of the first-instance court was reasonable, the charge was appropriate, and there were no other circumstances.

The above request was rejected.

???

Rejected?
Su Bai was stunned for a moment after receiving the reply from the Intermediate Court.

No...there are no problems with the evidence materials he applied for.

Under normal circumstances, the court will reorganize the case.

In this case, Fang Rufeng was objectively unprepared to commit the crime.

How can one use criminal preparation to sentence Fang Rufeng?

If the verdict is like this, does it mean that just by arresting a person, we can say that he is prepared to commit a crime?
Universal sin? !

The Intermediate People's Court refused to hear the case, thinking that the first-instance judgment was reasonable, right?
OK!Keep appealing!

If it really doesn't work, you can go to the Supreme People's Procuratorate! .
....
PS: Please give me a monthly ticket~
(End of this chapter)