Seeing that Li Jicai's case was about to go to trial, Fang Yi and Xie Youhe went to the county procuratorate to exchange the case with the procurator and persuade the procurator to withdraw the case. But Fang Yi didn't talk for more than half an hour, the other party was like a stone, he was indifferent at all, there was no way, the two of them took advantage of the excitement and went home.

Li Jicai's case has finally been heard. At half past three in the afternoon, in the third trial court of the county court, Fang Yi sat at the head of the defender's bench, preparing case file materials and defense opinions, and Xie Youhe next to him had a relaxed face.

On the prosecutor's bench opposite sat the male prosecutor and a young female prosecutor whom they had seen before, both of whom looked relaxed, as if they were doing a routine business.

The presiding judge in this case is a curly-haired female judge in her forties, and next to her is a young male judge, one on the left and one on the right.

Fang Yi didn't understand why a simple case had to be tried by a collegial panel, was the judge very idle?

……

"Now for the court investigation, ask the prosecutor to read the indictment." The presiding judge said.

“…… Defendant Li Jicai, male....... was criminally detained by the county public security bureau on suspicion of theft; With the approval of this court, he was arrested by the county public security bureau on April 15, 2014.

The investigation of this case was concluded by the county public security bureau, and the defendant Li Jicai was transferred to this court for prosecution on May 10, 2014 for the crime of theft. After accepting the case, on June 3 of the same year, this court informed the defendant of his right to retain a defender and the legal consequences that might result from admitting guilt and accepting punishment, interrogated the defendant in accordance with the law, and reviewed all case materials.

After review in accordance with law, it is ascertained that:

…… Without Li Gui's consent, the defendant Li Jicai took away the cattle that Li Gui had raised on the side of the road at the head of the village by stealing them, hid them at home, and used them to cultivate the fields for his own family, which constituted the crime of theft. On May 10, 2014, the defendant Li Jicai was arrested by the police, and after arriving at the case, he truthfully confessed the facts of the crime.

The evidence for the above facts is as follows:

1. Photographs of stolen scalpers;

2. The testimony of Li Qi and Li Feng;

3. Defendant Li Jicai's confession and defense;

Fourth, the value assessment report of the stolen scalper.

The above-mentioned evidence collection procedures are lawful, and the content is objective and truthful, which is sufficient to determine the facts of the accusation. Defendant Li Jicai had no objections to the facts and evidence of the alleged crime, and voluntarily pleaded guilty and accepted punishment.

This court held that the defendant Li Jicai, without the permission of the victim Li Gui, took away the cattle raised by Li Gui by stealing, which constituted the crime of theft.

According to Article 264 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and criminal responsibility shall be pursued for the crime of theft. Defendant Li Jicai admits guilt and accepts punishment, and may be given a lenient disposition on the basis of article 15 of the "Criminal Procedure Law of the People's Republic of China". In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law......

Presiding Judge, the indictment has been read. The inspector said.

"Defendant, did you hear clearly the indictment read out by the prosecutor just now? What crime are you accused? Do you have any objection to the facts of the crime charged in the indictment? What's the objection? The presiding judge said.

Li Jicai in the defendant's dock was a little hunchbacked, looking older than his actual age, his skin was black and red, and the skin on his face and hands was like tree bark.

It may be the first time to go to court, or it may be that he is nervous when he hears that he is going to be sentenced, Li Jicai shakes his body slightly from time to time, and keeps swallowing spit, but he just doesn't make a sound.

The presiding judge repeated the question he had just asked.

"Listen...... Heard clearly. I...... Didn't want to steal cattle, just wanted to ...... I still have a lot of land to cultivate...... ...... ploughing" Li Jicai looked up at the judge, with simplicity and pleading in his eyes.

"Defendant Li Jicai, do you recognize the prosecutor's accusation that you committed the crime of theft?" The presiding judge asked patiently.

"Accredited,...... I stole the cow. Li Jicai hesitated, and lowered his head after speaking.

Although Xie Youhe met with him at the detention center, he analyzed his charges and believed that it was not enough to commit theft, and was ready to defend his innocence, the police and the procurator both said that his actions constituted theft, and that if he confessed truthfully, he could consider reducing his sentence if he had a good attitude.

He was just an honest farmer, who was afraid that he would be in a hurry when he missed the farming time, so he stole other people's cattle and brought them home to plow the land, which was "stealing" in his simple thinking. So he confessed!

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge said.

"Okay, Presiding Judge." The prosecutor looked at Li Jicai: "Defendant Li Jicai, are there any people around when you are taking the bull?" ”

"Nope." Li Jicai said.

"Do you know whose cow it is?" The inspector asked.

"I don't know." Li Jicai said.

"Why didn't you go to the village and ask whose cow it was, and then borrow it from the owner of the cow and go back to plowing the land?" The inspector then asked.

"Everyone was farming, and if I had asked, they wouldn't have lent me cows." Li Jicai was silent for a moment and said.

"Where did you lead the cow?" The inspector then asked.

"Take it home, then grab the farm tools and go to the plow." Li Jicai only promised.

"Presiding judge, the prosecutor has finished asking." The inspector said.

"Does the defendant's advocate need to ask questions of the defendant?" The presiding judge looked at the defense bench.

"Questions." Fang Yi said: "Li Jicai, what did you think when you took away the scalpers at that time? ”

"I wanted to bring the cattle home to plow the land." Li Jicai said.

"And then, what to do with the cattle after ploughing the land?" Fang Yi asked.

"Send the scalper back secretly." Li Jicai said.

"Why send it back?" Fang Yi asked.

"Because, the cow belongs to someone else, not mine." Li Jicai replied honestly.

"When you take the ox back, do you take the small road or the big road?" Fang Yi asked.

"The main road is the cement road in the village." Li Jicai said.

"Aren't you afraid of being seen?" Fang Yi said.

"I didn't think about it, I just wanted to go back to farming as soon as possible." Li Jicai hesitated.

"Presiding judge, the defender has finished asking." Fang Yi said.

"Now the evidence will be presented and cross-examined, and the prosecutor will present ......the evidence first," the presiding judge said.

……

According to the pre-trial division of labor, Xie Youhe is responsible for presenting evidence and cross-examination, which is also to deal with the parties, if Xie Youhe does not say a word in court, the family members of the parties and fellow villagers sitting below will definitely have opinions, and if the defendant is really found guilty, maybe he will be angry with lawyer Xie.

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts. The prosecutor will speak first. The presiding judge said.

(End of chapter)