“…… Without the consent of the victim Li Gui, Li Jicai took Li Gui's cattle and used them to cultivate his own fields, which constituted the crime of theft. However, this court believes that the circumstances of Li Jicai's crime are minor and can be dealt with lightly as appropriate. It is recommended that the defendant be sentenced to three months' detention with a five-month suspended sentence. Complete. The inspector said.

"The defendant defended himself." The presiding judge said.

"I plead guilty......"

Li Jicai didn't know what a suspended sentence was, but he knew that he didn't have to go to prison and could go home to continue farming. As for whether it will leave a stain on his resume, he doesn't care, because it's all the same for him. His whole life was to plant, harvest, and then plant and reap. The only thing he feared was the gossip of the villagers.

"The defense will now give his opinion." The presiding judge said.

"Honorable Presiding Judge and Judge: The defender's defense opinions are as follows:

The defender believes that the defendant Li Jicai did not have the intention of illegally taking possession of other people's property, and it does not constitute the crime of theft. Here's why:

1. Defendant Li Jicai was anxious to use ploughing cattle because he was anxious to cultivate the land, but he did not have ploughing cattle in his own house, and in this case, he accidentally discovered that there were ploughing cattle raised by others on the roadside of the neighboring village, so he took them back to his own house to use the ploughing land.

From this point of view, the defendant's purpose was to cultivate the land from the beginning to the end, and he did not intend to take the cattle of others for himself.

2. Judging from the methods used by the defendant Li Jicai, although the defendant did not greet the owner of the cow, when the cow was brought home, he did not dodge, but led the cow home along the main road.

Obviously, the defendant did not use covert means when he took the cow, and he did not want the owner to find out. Moreover, the defendant had been thinking about returning the cattle to their original place after plowing the field, which can also be seen from the fact that the objective elements of the crime of theft were not met.

The defendant's conduct can only be said to have used other people's private property for his own personal use without authorization, and there was no purpose in taking possession of other people's property.

To sum up, in this case, the defender believes that the defendant Li Jicai's conduct does not constitute the crime of theft. Complete. Fang Yi said.

"The prosecutor may speak in response to the defender's arguments." The presiding judge said.

"With regard to whether the defendant Li Jicai had the purpose of illegal possession, the prosecutor held that the defendant had stolen the cattle without the consent of the cattle owner and placed the cattle under his actual control, which already had the purpose of illegal possession and constituted the crime of theft.

Even if the cattle are returned to the owner in the future, the theft has been completed, and the return of the cattle can only be used as a reference for sentencing, but not as a criterion for judging whether the cattle have the purpose of illegal possession. Complete. The inspector said.

"The defender may speak in response to the prosecutor's opinion." The presiding judge said.

"The defense argues that the circumstances in this case are different from the ordinary situation of returning property after theft.

In this case, the defendant Li Jicai did not have the purpose of appropriating it for himself from the beginning to the end, but only wanted to borrow it. Because he was afraid that the owner of the cattle would not agree, he took the cattle for cultivation without permission, and returned them immediately after they were used up.

Judging from the defendant's past experience, the defendant was just a simple farmer with no criminal record, and he was always concerned about whether his land could be cultivated smoothly, and he did not care whether the cattle would be discovered by the cattle owner, and he never thought of hiding the whereabouts of the cattle.

In general theft cases, the defendant secretly steals public or private property in order to avoid the victim's pursuit and take possession of the stolen property. In this case, the crime of theft has been committed, and even if the property is returned in the future, it can only be used as a reference circumstance for sentencing.

Therefore, the defense argues that the defendant in this case does not constitute the crime of theft. Complete. Fang Yi said.

……

"In the case of the theft of the defendant Li Jicai, which was prosecuted by the county people's procuratorate, the collegial panel held a court trial, conducted a court investigation and court debate, heard the prosecutor's accusations, the defendant's opinions, the defendant's justifications, statements, and the defender's defense opinions, and the court trial was concluded.

The court will now adjourn for 10 minutes, and the collegial panel will deliberate, and the verdict will be pronounced in court later. Bring the defendant out of the courtroom. The presiding judge said.

Judging from the circumstances of the trial, the judge's attitude was unclear, and the procuratorate only agreed to a lighter punishment in terms of sentencing. The defendant was not too cooperative with the defender, and he recognized all the facts of the crime and the charges charged, Fang Yi was a little uncertain in his heart, and he didn't know how the three judges of the collegial panel would sentence.

Ten minutes later, everyone stood up, and the three judges of the collegial panel walked into the courtroom in turn and took their seats.

The presiding judge cleared his throat: "...... This court held that defendant Li Jicai's conduct was not sufficient to constitute the crime of theft, and ruled as follows: Defendant Li Jicai is not guilty. ”

Fang Yi's hanging heart finally let go, revealing a triumphant smile. Xie Youhe, who was beside him, smiled and patted him on the shoulder, but did not speak, his eyes were full of victory excitement.

After receiving the family's thanks, Fang Yi and Xie Youhe left the courthouse. It was not yet dark, and the tired sun, as if afraid of being seen, was secretly hiding behind the mountain to the west, ready to lazy sleep.

Fang Yi felt very tired, looking at the time, there was no need to go back to the law firm, and turned his head to look at Xie Youhe: "Lawyer Xie, what are the arrangements for the evening?" ”

He felt that Xie Youhe and this person except for a little deduction, a little more spinning shaft in his head, a little bit of old fritters, and the rest were very good, this person was still quite reliable, anyway, it was time for dinner, and he had to eat himself, he was going to invite Xie Youhe to go to the brilliant bubble bath and eat the buffet.

Xie Youhe smiled: "Go home for dinner, what else can I arrange." ”

"Brilliant, I invite you, it's a very tiring day, just relax." Fang Yi said with a smile.

"Really? I have been to that place a few times, it is really good, eating, washing, living, and entertainment in one. Xie Youhe's eyes lit up.

"Of course it's true. Let's go. I'm going to get a taxi. Fang Yi said and came to the side of the road and stretched out his hand to stop the car.

In the brilliant VIP bath, Fang Yi and Xie Youhe sat in the pool water, their heads were bared and their eyes were closed, the Chinese medicine pool water in the pool moistened every inch of their skin, taking away the fatigue on their bodies, and the mist rising on the surface of the pool water made them sweat profusely after a while.

Fang Yi felt extremely cool all over his body, constantly twisting his body in the pool water slightly. He opened his eyes slightly and looked at Xie Youhe opposite, who was enjoying his face, closed his eyes slightly, leaned against the pool wall, and was humming a little song.

"Lawyer Xie, you are a very interesting person, you are happy every day, and you never seem to have any worries." Fang Yi said with a smile.

"It's a day of sorrow, it's a day of laughter, if people want to open up, what are you trying to live so tired? I'm just waiting for death in my own preferred way. Xie Youhe said with his eyes closed.

(End of chapter)