"Oh, I see." After Tian Xin finished speaking, he looked around, and said in a low voice: "The trainee lawyers who interned with us helped the lawyers deliver materials and take couriers all day long, and some of them didn't even read the case files, so we are lucky." However, you are still the most discerning, and you can learn a lot of things in a year with Mr. Fang. ”

"It's not easy to find a good master in charge these days, you have to study hard, and Lawyer Huang is still very good. You will be asked to speak at the hearing, and the complaint and reply will be handed over to you to write. I didn't even dare to say anything in court, you are much better than me. Zhou Ying smiled.

"Forget it, the trainee lawyer in a criminal case does not have the right to speak, if it is a civil case, I estimate that Lawyer Fang would have handed it over to you a long time ago." Tian Xin said with a smile.

The purpose of the internship is to let the veteran lawyer teach the new prospective lawyer case-handling skills and increase his judicial practice experience, just like the master and apprentice in the past. But now this system has become an ornament, apprentices may not want to learn, masters may not really want to teach, most of them are named, they all want to get a certificate to make a lot of money, but how can there be so much money to make, the number of lawyers is increasing year by year, hundreds of thousands of lawyers are concentrated in the first and second tier of economically developed cities, so the involution began.

In the afternoon of the next day, in Fang Yi's office, Zhou Ying took a pen and a notebook and analyzed Luo Daying's case.

“…… Judging from the entire case, Luo Daying was a robbery, not a robbery. He took advantage of the depositor's inattention to snatch the lockbox and was caught in the process of escaping, and there was no robbery of public or private property by violence, coercion or other means. It's the same nature as snatching a gold necklace on the road and then running away. The defense I envisage is to defend the crime of robbery.

Article 267 of the Criminal Law stipulates that whoever robs public or private property, where the amount is particularly huge, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated.

Luo Daying robbed 500,000 yuan in cash, if it can be found to be a crime of robbery, coupled with the result of the attempted crime, maybe the court can sentence him to more than 10 years in prison. So I think the prosecution is wrong to accuse Luo Daying of robbery. Zhou Ying said confidently.

"First of all, your work is commendable, at least you have studied the case and read the law. But there are a few points that you need to explain. If you can explain it clearly, then you can defend yourself according to your defense plan. Fang Yi smiled.

"You say!" Zhou Ying was eager to try.

"The first point is that the second paragraph of Article 267 of the Criminal Law stipulates that a person who carries a murder weapon for robbery shall be convicted and punished in accordance with the provisions of Article 263 of this Law, that is, convicted and punished in accordance with the crime of robbery. How do you explain this? Fang Yi asked.

"Well, I really checked the judicial interpretation on this point you said.

According to article 6 of the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases", "robbery with a murder weapon" as provided for in paragraph 2 of article 267 of the Criminal Law refers to the perpetrator's act of carrying firearms, explosives, controlled knives and other instruments prohibited by the state to be carried by individuals to rob, or carrying other instruments for robbery for the purpose of committing a crime.

I understand that 'carrying a murder weapon' can include two situations:

1. If the perpetrator carries guns, explosives, controlled knives, or other instruments prohibited by the state from being carried by individuals to rob, they shall be convicted and punished as the crime of robbery.

2. If the perpetrator carries "other instruments" other than those prohibited by the above-mentioned countries to be carried by individuals to commit robbery, he shall also be convicted of the crime of robbery.

In the course of the case, although Luo Daying carried an axe, he never took it out and used it from beginning to end. And axes are not regulated knives. Therefore, Luo Daying's actions should not be convicted of robbery. That's it. Zhou Ying smiled confidently.

"Well, it is true that the axe is not among the instruments prohibited by the state, and the defendant Luo Daying never used the axe in the process of snatching the lockbox, which is indeed a fact.

But why did Luo Daying go to the bank with an axe? He is not doing carpenter's work, how can he explain his rationality? Fang Yi looked at Zhou Ying with a smile.

Zhou Ying was stunned, her attention was all on the law, and she didn't consider the rationality of carrying an ax to the bank at all, explaining it as self-defense, afraid of others robbing her? He went to the bank just to get money, which obviously doesn't make sense. Judges are not fools.

Her brain couldn't react: "This ......"

"Axes aren't carry-on items, are they? There are people with keys and mobile phones, and I haven't seen anyone go out with an axe, right? I'm afraid that the only one who has this hobby is the Axe Gang in the movie "Kung Fu".

It's unreasonable for an adult to carry an axe on his body for no reason! If you can give me a reasonable explanation, we can defend it like this. Fang Yi said with a smile.

"That'...... Luo Daying didn't use it, and the carrying of an ax must not be displayed in order to be characterized as a robbery? He never took out an axe from the beginning to the end! Zhou Ying said with a frown.

"Your idea is clearly inconsistent with the original intent of the legislation.

This is because deliberately revealing the murder weapon that you are carrying with you is a typical crime of robbery. Returning to this case, if Luo Daying directly took out an axe and came to the victim and shouted 'robbery', Luo Daying's conduct should be directly applied to the conviction and sentencing of Article 263 of the Criminal Law (robbery).

Paragraph 2 of Article 267 of the Criminal Law stipulates that a person who carries a murder weapon for robbery shall be convicted and punished in accordance with the provisions of Article 263 of this Law. This article is set up precisely for the situation in the case of Luo Daying. Otherwise, this provision is meaningless. Unless......" Fang Yi stopped in the middle of his words.

"Unless what?" Zhou Ying asked.

"Unless you can prove that the axe that Luo Daying is carrying is not prepared to commit a crime." Fang Yi touched his chin and said.

"I can't prove it." Zhou Ying shook her head and said. She was in a bit of a low mood.

"Don't be discouraged, it's good that you're analyzing a case for the first time. Remember that when analyzing the case in the future, you should consider not only the legal aspects, but also the reasonableness and daily habits. Can't be too dogmatic.

However, there is one thing that I agree with you, this case may constitute an attempt, not a completed one. Fang Yi smiled.

"Lawyer Fang, why is it 'probable' to constitute an attempt?" Zhou Ying asked.

"Because the defendant was caught on the spot with a murder weapon, whether it constituted a completed or attempted robbery has always been a controversial issue in criminal law circles.

Judging from the case file materials, the procuratorate determined that it was completed, but it is difficult to say whether the court will handle it as a completed case. From the perspective of uniformity of law enforcement, it is possible that the court will also find that it has been completed. Fang Yi explained.

"I really didn't expect such a simple case to involve so many problems." Zhou Ying was a little big.

(End of chapter)