"Next, the appellant Xiao Song's defender will ask questions." The presiding judge said.

"Okay, Presiding Judge. Xiao Song, what clothes were you wearing at the time of the crime? Fang Yi asked.

"It was summer, it was hot, and I wore a jump of jeans and a big white tank top." Xiao Song said.

"When the victim heard that you were from the police station, how did you react at that time?" Fang Yi asked.

"At that time, he was taken aback, and then he saw that I was not wearing a police uniform and was full of alcohol, so he asked me to take my ID, and I didn't have it, so he kicked him down." Xiao Song said.

"Did you have anything in your hand when you committed the robbery?" Fang Yi asked.

"I didn't take anything, I had two more drinks with a few friends that night, and when I got home, it was very late, and when I passed by the woods next to the park, I knew that there were people in there who were making deals, and it was the kind of unethical deal, so I wanted to go in and scare them and get some money." Xiao Song said.

"Did the victim resist during the robbery?" Fang Yi asked.

"He kicked me and tried to run, but I ended up pinning me to the ground." Xiao Song said.

"How did you get caught?" Fang Yi asked.

"I was walking down the street, and suddenly the police arrested me, and I later learned that it was the victim who called the police." Xiao Song said.

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

"Now that the evidence will be presented and cross-examined, do the prosecutors, defenders, and appellants have any new evidence that needs to be submitted?" The presiding judge asked.

"Nope." Tripartite equalization.

……

"The court investigation is over, and now the court argument is open.

Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues.

First, the appellant Xiao Song defended himself. The presiding judge said.

"When I robbed, I only verbally claimed that I was from the police station, and I did not wear any insignia with police identity, and the first instance found that I was pretending to be a police officer to rob, which was a mistake in ......," Xiao Song said.

"Appellant Xiao Song's defender speaks." The presiding judge said.

The defender believes that, in accordance with the principle of consistency between subjectivity and objectivity, the conditions for determining "robbery by impersonating military or police personnel" should not be too broad, but should be based on the general understanding of the public.

Specifically, in this case, the appellant Xiao Song only verbally claimed that he was a police officer from the police station, and the victim had doubts about his identity when he was robbed, and since then, he has waited near the scene of the crime to arrest the defendant many times. It can be seen that the victim did not believe that the appellant Xiao Song was a police officer.

The court of first instance found that the appellant Xiao Song had "robbed by pretending to be a military or police officer" and sentenced him to more than 10 years in prison, which was obviously incommensurate with the punishment.

To sum up, the defender believes that the aggravating circumstance of "robbery by impersonating military and police personnel" should not be applied in this case, and that the sentence should be between three and ten years imprisonment. Complete. Fang Yi said.

"It is now up to the Prosecutor to speak." The presiding judge said.

"Presiding Judge, Judge, we believe that the determination of "robbery by impersonating military or police personnel" should be taken literally, as long as the following two conditions are met:

The first condition is that the perpetrator has committed the crime of robbery, and the second condition is that there is an expression of intent to impersonate a member of the military or police in the crime of robbery, regardless of whether the act of impersonation is sufficient to convince the victim or others that he is a member of the military police.

Specifically, in this case, the appellant Xiao Song claimed that he was a police officer and robbed the victim's property by means of violence and threats, and his conduct should be an aggravating circumstance of "robbing by impersonating military and police personnel" as provided for in article 263 of the Criminal Law, and should be sentenced to fixed-term imprisonment of more than 10 years. The court of first instance imposed an appropriate sentence and requested the court to reject the appellant's appeal request. The female prosecutor said.

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

"Okay, for the defense of the defender, we mainly express the following views: First of all, there should be no limited interpretation of "robbery by impersonating military and police personnel", and it should be interpreted literally in order to crack down on crime to the greatest extent and protect the safety of people's property.

In addition, the appellant Xiao Song's act of pretending to be a police officer to rob caused damage to the image and reputation of the police, and should be punished heavily. Complete. The female prosecutor said.

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

"Based on the prosecutor's opinion and response, the defender issued the following defense opinions:

First, from the perspective of criminal law hermeneutics, several contents of a legal provision should be interpreted in the same way.

According to article 263 of the Criminal Law, the crime of robbery protects the dual object of public and private property ownership and citizens' personal rights, and the more serious the degree of infringement of the object, the heavier the punishment that the perpetrator should receive.

Among the eight aggravating circumstances for the crime of robbery provided for in the appellate provisions, "robbery causing serious injury or death" and "robbery involving a huge amount" directly reflect the seriousness of the infringement on the object, which is quite harmful to society and must be severely punished in accordance with the law.

According to the rules of the same interpretation, the social harmfulness of the other six aggravating circumstances should also be broadly commensurate with them. However, in reality, the literal meaning of the other six aggravating circumstances is too broad, and although some acts superficially meet the constitutive elements of aggravating circumstances, they are indeed not very harmful to society, so the defender believes that it is necessary to limit the interpretation and narrow their meanings.

For example, for "robbery on public transportation", the judicial interpretation sets two elements: first, the requirement is that the motorized public transportation is in operation; The second is to require robbery against passengers, sales drivers, and flight attendants. It cannot be applied exactly as it is written.

It can be seen from this that "robbery by impersonating military and police personnel" should not only be taken literally, but also by its substance. Specifically, in this case, the appellant Xiao Song only verbally claimed that he was from the police station, which was less harmful to society than the act of wearing police clothes or showing police ID to make people mistakenly believe that he was a police officer, and was no different from ordinary robbery.

Second, from the point of view of the legislative purpose, the "robbery by impersonating military and police personnel" as an aggravating circumstance is mainly due to the fact that such acts have seriously damaged the image and reputation of the military and police, and this provision is made for the purpose of maintaining the good image of the military and police.

However, in reality, not all acts of impersonating police officers and military personnel can really achieve the effect of impersonation, so as to cause damage to the image of military personnel and police. Sometimes the perpetrator's clumsy "performance" is spotted on the spot, and the victim does not believe in the identity of the military or police officer that the perpetrator is impersonating at all, let alone forming a mental coercion on the victim through "impersonation", and the perpetrator can only rely on violence to achieve his criminal goals after the impersonation method fails.

Under such circumstances, the act of impersonation did not play a substantial role in promoting the entire process of committing the crime of robbery, and the act of impersonation did not cause damage to the image and reputation of the military and police.

In this case, the appellant Xiao Song's conduct fell into the above situation, he claimed to be from the police station, but the victim did not believe him and asked him for his documents. Because he failed to achieve the effect of impersonation, Xiao Song resorted to violent means to rob the property.

Third, the Criminal Law sets up the statutory aggravating circumstance of "robbery by impersonating military or police personnel" and sets a heavy sentence of more than 10 years imprisonment, indicating that the social harm of this act is more serious than that of ordinary robbery.

In addition to causing damage to the image and reputation of the military and police, the act of impersonating military and police personnel to commit robbery also causes the victim to lower his sense of defense and dare not resist or lose the best opportunity to resist when he mistakenly believes that the other party is a military or police personnel, so this kind of robbery shows greater social harm than ordinary robbery.

In this case, the appellant Xiao Song's performance was so clumsy that his act of "impersonating" a military or police officer was not recognized by the victim at all, and the victim did not believe that he was a police officer. It can be seen from this that Xiao Song's robbery was no different from the social harm of ordinary robbery, and in this case, the court of first instance sentenced Xiao Song to more than 10 years imprisonment for "robbery by impersonating military and police personnel", which was an unusually heavy sentence and incommensurate with the crime.

To sum up, the appellant Xiao Song claimed to be a plainclothes police officer of the police station at the time of the robbery, and although he had the act of impersonating a military or police officer, he only verbally claimed that he was a police officer, and did not wear a police uniform, nor did he drive a police vehicle or use police equipment, let alone show a police ID, so that his false identity could be easily identified with the ability of an ordinary person.

According to the case file materials provided by the public prosecutor, after the crime occurred, the victim went to the scene of the crime every night to squat in an attempt to catch Xiao Song, who robbed him, and it can also be seen that the victim did not believe that Xiao Song was a police officer at all at the time of the crime, and Xiao Song's impersonation behavior obviously did not reach the desired extent and effect, nor did it damage the image of the police, and the danger to society is no different from that of ordinary robbery, and should not be found to be "robbery by impersonating military and police personnel". The court is requested to change the judgment in accordance with the law. Complete. Fang Yi said.

(In order to unify the adjudication standards, the Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery issued by the Supreme People's Court on January 6, 2016 clearly stipulate that the determination of "robbery by impersonating military or police personnel" should focus on a comprehensive review of whether the perpetrator is wearing a military or police uniform, carrying a firearm, or showing military or police identification, and whether it is sufficient to make others mistakenly believe that they are military or police personnel.)

Where the perpetrator commits robbery by wearing clothing similar to that of a military or police officer, or who only verbally claims to be a military or police officer without carrying a firearm or showing a military or police ID, it is necessary to consider the location, time, and specific circumstances of the robbery, and follow the standards for ordinary people's judgment to determine whether it is a "robbery by impersonating military or police personnel".

Interested book lovers can check out the above guidance. ）

Some people in the auditorium were happy and some hated, Mr. Xiao and his wife felt that Fang Yi was talking a lot, although they couldn't understand it, but they felt that Fang Yi was working very hard, and the opposing lawyer recognized it very much.

The victim's friends secretly scolded Fang Yi in their hearts for having a lot of things, defending the robber, lacking morality, and having no asshole after giving birth to a child. It's just a pity that their wishes can't be fulfilled.

"The courtroom arguments ended. In accordance with article 160 of the Criminal Procedure Law of the People's Republic of China, it is now up to the appellant to make his final statement. Appellant Xiao Song made his final statement. The presiding judge said.

……

"The court is now adjourned for 10 minutes, and the verdict will be pronounced in court after the collegial panel deliberates. Ask the bailiff to take the defendant out of the courtroom. As the gavel in the presiding judge's hand fell, the trial ended.

Ten minutes is not a long time, and Mr. Xiao and his wife, who were sitting in the auditorium, looked at their watches from time to time and counted the time. At this time, their feelings were very complicated, they were not only afraid of the arrival of the final verdict, but also wanted the judge to announce the verdict as soon as possible to end the torment in front of them.

The sound of the gavel sounded, and Mr. Xiao and his wife sat down again after standing up with the crowd, and then looked forward.

“…… Now the trial will continue and ask the bailiff to bring the appellant Xiao Song to court.

The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

…… The appellant only verbally claimed that he was a police officer from the police station, and the victim became suspicious of his identity and waited at the scene of the crime many times, and finally arrested the appellant Xiao Song, indicating that the victim did not believe that the appellant Xiao Song was a police officer.

In accordance with Article 225, Paragraph 1, Item 2 of the Criminal Procedure Law of the People's Republic of China, and Articles 263, Article 25, Paragraph 1, Article 65, Paragraph 1, and Article 52 of the Criminal Law of the People's Republic of China, the judgment is as follows: 1. Revoke the District Court's Criminal Judgment No. 34; 2. The appellant (defendant in the original trial) Xiao Song committed the crime of robbery and was sentenced to six years' imprisonment and a fine of 5,000 yuan......"

After hearing the verdict, Fang Yi breathed a sigh of relief, and the sentence was changed from eleven years to six years, and this result should be able to be explained to Mr. Xiao.

After the verdict was announced, Mr. Xiao and his wife in the audience did not seem excited, but tears flowed down, and the two got up and stared at their son who was taken out of the courtroom.

Xiao Song saw his elderly parents at the moment he left the courtroom, his eyes were reluctant, remorseful, and mixed with some complicated emotions, after the courtroom door was opened, he glanced at his parents, and was taken out of the courtroom by the bailiff.

"Thank you, Lawyer Fang." At the door of the courtroom, Teacher Xiao said in a low voice.

"Go back, six years in prison, if Xiao Song behaves well, maybe he can reduce his sentence and release him early. Take care of your health and don't be too sad. Fang Yigui persuaded.

"Well, I used to scold him every day and hate him, he was really sentenced, but I nagged him in my heart, hey!" Mr. Xiao sighed, as if he had aged a lot, and then he helped his wife out of the courthouse.

Fang Yi turned his head, and saw that everyone in the auditorium looked at him with unkind eyes, and his heart tightened, these guys didn't want to take revenge on the lawyer. Thinking of this, he hurriedly used the mobile phone software to call a black car, and when everyone was almost gone, he hurriedly went downstairs and took the black car back to the law firm.

February has begun, 10,000 words! Ask for monthly passes, recommended tickets, and collections!

Without further ado, there are five more chapters today! Bow to all book friends! Thank you for your support!

(End of chapter)