"Appellee Yuan Wei can defend himself." The presiding judge said.

"I agree with the verdict of the first instance." After all, Yuan Wei had never experienced such a thing, and his mind was blank when he was escorted to court.

"Now it is up to the defender of the appellee, Yuan Wei, to speak." The presiding judge said.

"The defense believes that the law was correctly applied in the first instance and the sentence was appropriate. Here's why:

Appellee Yuan Wei reached a restitution agreement with the victim through his close relatives and obtained the victim's forgiveness, so he may be given a lighter punishment.

Article 505 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China > stipulates that: 'In cases where a settlement agreement is reached, the people's court shall give the defendant a lighter punishment; Where the requirements for applying a non-custodial sentence are met, a non-custodial sentence shall be applied; Where the legally-prescribed minimum sentence is still excessive, the punishment may be commuted; Where it is found that the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived. ’

The above clause only provides for the treatment of 'cases where a settlement agreement has been reached' and expressly requires immediate performance. Therefore, we believe that the Appellee and the Victim have reached a settlement agreement, and although it has not been performed immediately, it does not prevent the application of the provisions of the "Procedures for Public Prosecution Cases Settled by the Parties", that is, Article 505 of the above interpretation can be applied.

In addition, according to the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud", where the value of public or private property defrauded is between 30,000 and 100,000 RMB, it shall be found to be a "huge amount" as provided for in article 266 of the Criminal Law. The amount of Yuan Wei's fraud was less than 100,000 yuan.

In the absence of relevant provisions on the amount of money by the relevant judicial organs of this province, and proceeding from the benefit of Appellee Yuan Wei, the amount of fraud in this case shall be found to be a relatively large amount, and shall be sentenced to up to three years imprisonment, short-term detention or controlled release and/or a fine in accordance with law. Therefore, the sentence of one year and six months imposed in the first instance was appropriate and there was no error.

Complete. Fang Yi said.

Although he himself does not approve of the installment performance of the settlement agreement, in reality, some courts do recognize it, and in line with the principle of maximizing the interests of the parties, Fang Yi also wrote this point of view on it.

"The prosecutor may respond to the defender's arguments." The presiding judge said.

"With regard to the defender's defense, we believe that the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China is only an interpretation of criminal procedure, and cannot directly replace the criminal law with procedural law, and the application of commutation should be reported to the Supreme People's Court for approval.

In addition, although the province does not make special provisions on the fraud of public and private finances, according to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases of Fraud", the value of public and private property defrauded can be adjusted between 30,000 yuan and 100,000 yuan, and the minimum amount is determined. In the light of the circumstances of this case, we consider it inappropriate to adjust the minimum amount to $100,000.

From the perspective of punishing crimes, the amount defrauded by the above-mentioned persons should be considered to be huge, and should not be found to be a relatively large amount. Complete. The male prosecutor said.

"The defender may respond to the prosecutor's opinion." The presiding judge said.

At this time, the presiding judge feels a bit like sitting on a hill and watching the tiger fight, and this is actually the case during the debate stage, in which the judge will refer to the debate of both sides and analyze and judge the cause of appeal based on the whole case.

In response to the prosecutor's remarks, the defender's comments are as follows:

1. The establishment of the criminal reconciliation system in the Criminal Procedure Law is to embed substantive norms in the procedural law, so although the Criminal Procedure Law is a procedural law, its provisions on the criminal reconciliation system have substantive significance.

Article 279 of the Criminal Procedure Law clearly stipulates that in cases where a settlement agreement is reached, the people's court may give the defendant a lenient punishment in accordance with law. The meaning of lenient punishment may be embodied in mitigating, commuting, or waiving punishment.

Article 505 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China is the concretization of this provision, so for criminal settlement cases that meet the requirements of Article 279, the people's court may directly make a judgment to reduce the punishment or even waive the sentence, and there is no need to report to the Supreme People's Court for approval in accordance with the sentencing procedures below the statutory penalty.

II. The High People's Court and People's Procuratorate of this province have not yet formally determined the specific amount standards to be applied in that region within the range of sentencing amounts provided for in the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud".

Based on the principle of favoring the appellee, and with reference to the sentencing amount provided for by other provinces and the experience of previous precedents in that province, it is most appropriate to determine that more than 100,000 yuan is the starting point for the crime of fraud, with the upper limit of the sentencing range determined by the judicial interpretation as the standard.

Therefore, it is more appropriate to identify the fraud amount of 70,000 yuan in this case as a "relatively large amount". Accordingly, the court of first instance found that the appellee Yuan Wei had committed the crime of fraud and sentenced him to one year and six months imprisonment. ”

"The courtroom arguments ended. In accordance with article 160 of the Criminal Procedure Law of the People's Republic of China, the appellee is now making a final statement. The presiding judge said.

……

When the presiding judge rang the gavel, the trial finally ended, and the judge did not announce the verdict in court. Fang Yi breathed a sigh of relief and began to clean up the case file materials on the table. I took out my phone and looked at it, it was already 2:50 p.m.

At the beginning of the trial, he was in a state of euphoria, his concentration was high, and his brain was constantly running. At this time, as soon as I relaxed, I suddenly felt soft all over my body, and my stomach was growling.

Walking out of the courthouse, Yuan Changzheng asked, "Lawyer Fang, what do you think of today's trial?" My son's case ......"

"The trial went well, it is estimated that it will not be long before the court will issue a verdict, you wait for my news." Fang Yi said after carrying his shoulders and pouring a large sip of mineral water.

"Okay, then I'll wait for your news." After Yuan Changzheng finished speaking, he took his family to get into a Mercedes-Benz on the side of the road and left.

Fang Yi glanced at Yang Jing, Yuan Wei's mother who was helped into the car, and said secretly: If you don't raise it, it's your mother's fault, why bother with it today, when you were young, you took care of the children, and when you grow up, you will go to prison.

When Fang Yi was studying for a doctorate, out of interest, he had counted the causes of the crime, and it should be said that the defendant's family environment was the key factor.

Yuan Wei has been spoiled by his mother since he was a child, and he has developed his character of acting recklessly and unscrupulously to achieve his goals, plus the people he comes into contact with as an adult are all moral misbehaps, it can be said that his parents played a major role in his imprisonment, and his fox friends only played a role in fueling the trouble.

(End of chapter)