"The prosecutor believes that the defendant Liu Qiaoling clearly knew that the Toyota involved in the case was seized by the public security organs in accordance with the law, and without going through the legal formalities, she used secret means to drive the car away, indicating that she subjectively had the purpose of illegal possession, and that the defendant's conduct met the criminal composition of the crime of theft and should be found to be the crime of theft. Complete. The male prosecutor said.

"The defendant defends himself." The male judge said.

"I don't think my actions constitute theft, the Toyota is my family's, and later the public security organs also determined that the vehicle belonged to my family's legal property and returned it.

I was sued because the bank was too tight on the debt collection and wanted to sue me, so I drove away the impounded Toyota in a moment of confusion. I've never done anything illegal or criminal before, and I've always been a good citizen......," Liu Qiaoling said all the good words she could think of.

"The defender gives his opinion." The male judge said.

"The defender believes that the defendant Liu Qiaoling transferred the seized vehicle when the public security organ clearly informed him that the vehicle was seized in accordance with the law, and that Liu Qiaoling did not claim compensation from the judicial organ in the name of the loss of the vehicle, nor did she obtain compensation from the judicial organ, which shows that she subjectively had no purpose of illegal possession, and what she wanted was only to get back the property that she legally owned and seized by the judicial organ in accordance with the law, and her actions did not constitute the crime of theft. Complete. Fang Yi said.

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

"The prosecutor believes that no matter where the defendant Liu Qiaoling used the stolen vehicle and how it was used, in the final analysis, she used illegal means to drive away the vehicle seized by the public security organs in accordance with the law for her own personal gain, and she subjectively had the purpose of illegal possession.

The defendant's act of stealing a vehicle seized by the judicial authorities commits two crimes at the same time, namely, the crime of theft and the crime of illegally disposing of seized property, and should be dealt with in accordance with the principle of imaginary joint offense, that is, as the crime of theft. The male prosecutor said.

"The defender can respond to the prosecutor's comments." The male judge said.

"The defense believes that the vehicle involved in this case was jointly purchased by the defendant Liu Qiaoling and her husband, and they have ownership of the vehicle.

In accordance with article 143 of the Criminal Procedure Law, if it is found that the seized property is truly unrelated to the case, the seizure shall be lifted and returned. Article 369 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" also stipulates that where seized property is lawfully owned by the defendant, it shall be promptly returned to the defendant after compensating the victim for losses and enforcing the property penalty.

From the above provisions, it can be seen that the ownership of the vehicle seized by the judicial organ in accordance with the law has not changed, and it still belongs to the original owner, and the public security organ only has the legal right of possession in accordance with the law.

The vehicle involved in this case was property jointly owned by the defendant and his wife, but it could become the object of theft during the period of lawful possession and control by the judicial organs.

Although the vehicle involved in the case can be the object of theft by the defendant Liu Qiaoling, it does not mean that the defendant's conduct constitutes the crime of theft.

The crime of theft requires that the perpetrator must have the subjective purpose of illegal possession, so whether the crime of theft is constituted must be determined in conjunction with the subjective purpose of the perpetrator.

In this case, whether Liu Qiaoling's use of illegal means to retrieve her vehicle that had been seized by the public security organs in accordance with the law constitutes the crime of theft should be determined in light of her subjective purpose, and cannot be judged only by appearances.

First of all, after the public security organs seized the vehicle involved in the case in accordance with the law, the bank collected the car loan and prepared to sue the defendant, and the defendant Liu Qiaoling only had the idea of illegally retrieving the vehicle after learning about it, so the direct purpose of the defendant's transfer of the vehicle involved in the case was to repay the bank's loan, not to illegally occupy the vehicle.

Second, this case does not belong to the situation where the owner of the sealed, seized or frozen property secretly steals the seized property for the purpose of obtaining compensation after the fact, the defendant did not claim compensation from the public security organs, and there is no evidence in the evidence provided by the public prosecutor to prove that the defendant Liu Qiaoling had the purpose of illegal possession, and Liu Qiaoling took back the vehicle in accordance with the law after the incident.

Therefore, there is no evidence in this case to prove that the defendant Liu Qiaoling had the purpose of illegally taking possession of the vehicle involved in the case, and the defendant Liu Qiaoling's conduct did not constitute the crime of theft. Complete! Fang Yi said.

Fang Yi deliberately avoided mentioning the crime of illegally disposing of seized property because Liu Qiaoling had made such a request when they met for the last time before the trial, and she still had a trace of luck in her heart. It's still the same old saying, it's useless to do things if you don't get tired to death. Since the client made such a request, Fang Yi could only comply, unless he didn't want to earn her lawyer's fees.

"Prosecutor, do you want to consider changing the charges against you, judging from the current evidence and the trial, there is insufficient evidence for the crime of theft." The male judge looked at the case file and thought about it, then looked at the prosecutor.

"We believe that the charges are appropriate and do not need to be changed." The male prosecutor said confidently.

Seeing that the prosecutor's opinion was very firm, the judge could not say anything, so he had to continue the trial......

"In the case of the defendant Liu Qiaoling, who was prosecuted by the county people's procuratorate, the collegial panel held a court trial, conducted a court investigation and courtroom debate, heard the prosecutor's accusations, the defendant's opinions, the defendant's justifications and statements, and the defender's defense opinions, and the court trial was concluded. The court is now adjourned. Bring the defendant out of the courtroom. With that, the judge dropped the gavel and exited the courtroom.

As long as the people in the trial court are not fools, they can see the judge's attitude towards this case, and Liu Qiaoling feels that the victory is in her hands. However, Fang Yi was not so optimistic, the judge did not announce the verdict in court, and it is very likely that he would ask for instructions to go down to court and punish Liu Qiaoling for the crime of illegally disposing of seized property.

In a blink of an eye, at the end of August, Cao Xiaohui took Fang Anzhi to the experimental middle school to report, and Fang Yi also followed. After completing the enrollment procedures, Fang Yi invited the two to a big meal.

Cao Xiaohui has been working in the city for a month, and the company's headquarters is on the eighth floor of Mong Kok International, which is said to occupy half of the floor.

In order to make it easier for Fang Anzhi to go to school, she rented a two-bedroom apartment near the experimental middle school, and it is said that the company will issue monthly rental subsidies to executives, and Cao Xiaohui basically can't pay much for renting a house herself. The small life is getting more and more petty bourgeoisie.

Look at others, and then think about yourself, although the income has also increased a lot, but ...... The gap is not small, Fang Yi's waist that had just straightened up bent again.

A week later, Fang Yi received a call from the county court, Liu Qiaoling's case had been decided, and asked him to go over to get the verdict. There was no way, Fang Yi could only go to the county court.

(End of chapter)