"What happened next?" The inspector's eyes were like knives.

"Later, I climbed over the wall and entered her house, and then pried open the door and inserted it into the house, she was sleeping on the kang, and suddenly woke up and saw me, I was afraid that she would shout, so I jumped up and covered her mouth with my hand, and then stuck her neck, covered her head with a quilt, and had a relationship with her, I really didn't mean to kill her......" Gao Qiang became more and more excited the more he said.

"Why is the victim's gold ring in your hand?" The inspector asked.

"When she was struggling, I went to break her hand and accidentally saw the gold ring, so I took it off and brought it home." Gao Qiangdao.

"You confessed that after the rape was committed, she lay motionless on the kang and you took it off her hand. Now you say you got it down in the middle of a fight, what the hell is going on? The inspector asked in a cold voice.

"I was wrong before, but I remember it again these days, it was during the fight that I took off her fingers." Gao Qiangdao.

"What was the state of the victim when you left?" The inspector said.

She ...... She was out of breath. I tried it with my hand and she wasn't breathing. I didn't mean to......" Gao Qiang looked at the inspector, his eyes full of fear.

"Presiding Judge, we're done." The inspector said.

"Does the defendant's advocate need to ask questions of the defendant?" The presiding judge said.

"Questions." Fang Yi said: "Defendant Gao Qiang, for what purpose did you enter the victim's house. ”

"I was drinking at the time, I just wanted to have sex with her, and I didn't think about anything else." Gao Qiangdao.

"Chief Approver, I'm done." Fang Yi said.

……

"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.

"Presiding Judge and Judge: We believe that the defendant sneaked into the victim's home after being drunk and used violent means to commit adultery on the victim, causing the victim's death, and his conduct constituted the crime of rape; In the course of rape, the victim's gold ring is forcibly taken away, and the defendant breaks into a house and robs a person causing death, and punishment shall be combined for multiple crimes. We recommend that the accused be sentenced to death. Complete! The inspector said.

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

"I was blinded by lard, I shouldn't have gone to the little widow's house......" Gao Qiang repented again, but unfortunately he was not in the church, but in the courtroom, so this set of rhetoric had no effect.

"The defendant's defender gives his defense opinion." The presiding judge said.

Mr. Fang disagreed with most of the prosecutor's allegations, but he disagreed with the prosecutor on the issue of a burglary that resulted in death.

"Presiding judge and judge: The defender has no objection to the prosecutor's charge of rape against the defendant. However, the defender had a different opinion on the death caused by the burglary, and the defender held that the defendant was strong and did not constitute a burglary causing death, for the following reasons:

1. The defendant's purpose in entering the house was to commit the crime of rape, not to rob, so it cannot be found to be a "burglary".

According to the Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery, the illegality of the purpose of 'entering a household' is the key to determining a robbery. Entering someone's home must be for the purpose of committing a crime such as robbery. Where robbery occurs indoors, but the perpetrator does not enter another person's residence for the purpose of committing a crime such as robbery, but temporarily commits robbery indoors, it is not a "home robbery".

Based on the above provisions, the defender believes that the key to determining whether the defendant in this case constitutes a "home robbery" lies in the purpose of his home entry.

In this case, the defendant Gao Qiang entered the victim's residence for the purpose of rape, which did not meet the requirements for the establishment of a home invasion robbery, so the defendant Gao Qiang's act of temporarily robbing the victim's gold ring during the rape process cannot be found to be a home invasion robbery. Here's why:

(1) Based on the above opinions, the reference to 'entering another person's residence must be for the purpose of committing a crime such as robbery' refers to a person who is discovered to have entered a home to commit theft, and the perpetrator uses violence or threatens violence on the spot in order to conceal stolen goods, resist arrest, or destroy criminal evidence, and if the violence or violent coercion occurs indoors, it may be found to be "home robbery."

According to Article 263 of the Criminal Law, 'home robbery' is an aggravating circumstance, and according to Article 269 of the Criminal Law, acts such as theft, fraud, and robbery may be converted into the crime of robbery under certain conditions.

Therefore, when the perpetrator enters the house for the purpose of robbery, or enters the house for the purpose of theft, fraud, robbery, or other crimes, and transforms it into the crime of robbery, it can only be found to be "household robbery".

(2) The term 'robbery and other crimes' in the above Opinions should not be understood as all crimes, but should only be interpreted as robbery, theft, fraud, robbery and other crimes for the purpose of making money.

The above-mentioned opinions clearly stipulate that entering another person's residence must be for the purpose of committing robbery or other crimes, and the intent is to strictly determine the conditions for determining the entry of a home for robbery and other money-seeking crimes, and to distinguish between a household entry for the purpose of committing a robbery or other money-seeking crime and a household entry for the purpose of committing other crimes, so as to achieve an accurate characterization and a balance between sentencing.

This is because, if no distinction is made, robbery with the intent to enter a home for the purpose of committing any crime is punishable as a robbery by entering the home, and the perpetrator may be sentenced to imprisonment for more than 10 years, life imprisonment or the death penalty. It is possible to expand the scope of 'burglary' under the Criminal Law indefinitely, which could easily lead to heavy sentences for misdemeanors.

In this case, after being beaten by his daughter-in-law, the defendant Gao Qiang went to his sister's house for dinner, drank alcohol and entered the house to commit the crime of rape. According to the on-site inspection and inspection records provided by the prosecutor, there was no robbery of other property at the scene of the crime, and the evidence on record confirmed that the defendant only robbed a gold ring, which shows that Gao Qiang did not enter the house to rob for money, so he did not meet the conditions for home robbery.

(3) The public prosecutor's designation of the defendant's conduct of entering the house as a means of rape and robbery at the same time is a repeated evaluation of the same act.

Prohibiting multiple convictions or punishments for the same defendant's same criminal conduct is a basic principle followed in the theory and practice of China's criminal law. Its purpose is to prohibit the repetition of criminal law evaluations of the same act, to protect the rights of the accused, and to achieve proportionality of punishment and punishment.

In this case, the defendant Gaoqiang's purpose in entering the house was to commit the crime of rape, and the act of entering the house should no longer be evaluated as a means of robbery. Failure to do so will result in the act of entering the home being identified as a means of rape and robbery, respectively. This not only violates the principle of repeated evaluation, but also violates the principle of subjective and objective conviction.

To sum up, the defendant Gao Qiang, for the purpose of committing the crime of rape, entered the victim's home, and in the course of the rape, temporarily took the victim's gold ring, and this conduct should not be found to be 'home robbery'.

2. The death of the victim in this case was caused by the defendant's violent rape, so it cannot be found to be robbery causing death.

According to Article 263 (5) of the Criminal Law, a person who 'robs a person causing death' shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

In judicial practice, only when there is a causal relationship in criminal law between the robbery and the victim's death, and the defendant bears criminal responsibility for the victim's death, can it be found to be "robbery causing death".

According to the evidentiary materials provided by the prosecutor and the defendant's confession, the course of the incident was that the defendant Gao Qiang entered the house and used violent means to subdue the victim, then had sex with her, and snatched the victim's gold ring during the rape process, eventually resulting in the victim's death.

According to the defendant Gao Qiang's confession, in the process of committing the crime, he used violent methods such as covering his head with a quilt, sticking his neck, and covering his mouth. The autopsy report also confirmed that the victim died of mechanical suffocation caused by external force strangling the neck and mouth.

From this, it can be judged that the violent acts carried out by the defendant Gao Qiang, such as covering his head, strangling his neck, and covering his mouth, in order to commit rape were the direct cause of the victim's death.

Defendant Gao Qiang's robbery of the gold ring during the rape was mild. It can be seen that there is no causal relationship under criminal law between the defendant's act of robbing the gold ring and the victim's death.

To sum up, the defender believes that the defendant Gao Qiang committed the crimes of rape and robbery in this case, but it did not constitute a home robbery causing death, and after being brought into the case, the defendant Gao Qiang truthfully confessed, pleaded guilty and accepted punishment, and showed remorse, and requested the court to give a lighter punishment. Complete. Fang Yi said.

Although he was reluctant in his heart, as the defendant's strong defender, Fang Yi still proposed a lighter punishment to the court.

……

After the trial, everyone waited for the final verdict, and ten minutes later, the members of the collegial panel walked into the courtroom.

“…… 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 defendant's conduct has constituted the crime of rape and robbery respectively, and the crime is heinous, the harmful consequences are serious, and the harm to society is great, and the punishment for several crimes should be combined. The facts of the crime against Gao Qiang by the public prosecution are clear, the evidence is credible and sufficient, and the conviction is accurate.

With regard to Gao Qiang's defense opinion, Gao Qiang's conduct did not constitute a burglary, and upon investigation, it was found that Gao Qiang entered the victim's room to commit rape, not robbery. The forcible snatching of the gold ring from the victim's hand was a temporary instigation of the defendant in the course of the rape. In accordance with the principle of criminal law that is consistent with subjectivity and objectivity, the defense opinion is adopted. The judgment of the present law is as follows:

The defendant Gao Qiang committed the crime of rape and was sentenced to death and deprived of political rights for life; committed robbery and was sentenced to five years' imprisonment and a fine of 10,000 yuan. The two crimes were punished concurrently, and it was decided to carry out the death penalty, deprive him of his political rights for life, and impose a fine of 10,000 yuan. The presiding judge pronounced the verdict.

After Gao Qiang in the defendant's dock heard the verdict, he collapsed directly to the chair, his eyes straightened, and tears flowed down instantly. He didn't live enough!

When Fang Yi walked out of the courthouse, Gao Qiang's daughter-in-law walked over quickly: "Lawyer Fang, how is it?" ”

"Sentenced! Death penalty! Fang Yi looked at her and said.

"Wow", Gao Qiang's daughter-in-law cried, she squatted on the ground with her hands over her face and cried silently.

Although her husband did shameless things, so that she and the children couldn't hold their heads up, after all, they were a family, and they still had feelings for a long time of beating and scolding.

"Gao Qiang shouted in court to appeal, I can draft an appeal petition for you, but ......" Fang Yi stopped talking. His original intention was: for the sake of such a thing, you should not waste money on a lawyer, there is no hope for the second trial.

Gao Qiang's daughter-in-law nodded, cried a little quieter, and then got into the car with the support of her mother's brother. Fang Yi didn't know if the other party understood what he meant, the matter had come to this point, and it could only be like this.

Just four days after the criminal verdict in Gao Qiang's rape case was handed down, the case of embezzlement by Deputy General Manager Zhang, a subsidiary of Shengfeng Group, was also heard, and finally the county court adopted the procuratorate's suggestion and confirmed the amount of stolen money to be recovered in accordance with the agreement reached between Shengfeng Group and the live broadcast company.

After the criminal verdict was handed down, the live broadcast company returned the remaining amount to the subsidiary of Shengfeng Group after deducting 8% of the service fee.

Sister Lan said that on the second day after the payment arrived, she paid Fang Yi more than 1.6 million lawyer fees according to the previous agreement, plus a reward of 100,000 yuan.

After deducting 30% of the lawyer's fees, the law firm can get more than 1.1 million, of course, this is the amount without deduction of individual income tax. Considering that the one-time withdrawal of individual income tax was too high, Fang Yi did not rush to withdraw the money after the lawyer's fee arrived.

This was the highest lawyer's fee Fang Yi had received since he began his practice, and it made him excited for several days.

At the end of October, Wan Kefa walked into the law firm in a majestic manner, and he finally returned from treatment.

When Fang Yi was called into the office, the fat old man was holding a mirror to observe his red face.

"You're looking for me?" Fang Yi asked cautiously.

He couldn't figure out what kind of medicine the fat old man in front of him was looking for him on the first day he came back, and what kind of medicine was sold in the gourd, so he was very cautious.

"Xiao Fang, do you see if my skin on my face is a little loose?" Wan Kefa fiddled with the mirror.

"Huh!?" Fang Yixin said: Aren't they all like this when you're older? is a handful of years old, and the skin can still be as tender as the eighteen-nineteen girl? Black Mountain Old Demon!

"Ah what? I ask you. Wan Kefa glanced at Fang Yidao.

"That...... Your skin is much stronger than Director Hua's, I think it's better than Lao Huang, it's red, how healthy it is! Fang Yi patted his ass.

"Humph! How can the surname Hua compare with me. I was thinking about going for a cosmetic injection in the next few days, and I heard from the nurse in the hospital that the effect was good. At least ten years younger, don't you think? Wan Kefa said as he looked in the mirror.

I'm a god! I finally crawled out of the big pit of drinking, and the fat old man was ready to jump into the pit of beauty! Is this a habit of jumping into the fire pit or something!

How should I take this? When the time comes, the proprietress will not kill the teacher and ask for the guilt, saying that the fat old man went to the beauty because he instigated it!

Fang Yi snorted worriedly: I'm too difficult! Boss, can't you change someone's pit?

(End of chapter)