"Presiding Judge and Judge: ...... Defendant Luo Daying carried an axe for the purpose of snatching, entered the bank, and when the victim took out cash and put it on the counter to handle the deposit business, Luo Daying robbed the victim of 500,000 yuan in cash, and was later caught red-handed.

This court believes that the defendant Luo Daying entered a financial institution with a murder weapon and robbed depositors' funds, and the amount was huge, and his conduct constituted the crime of robbery, and recommended that he be sentenced to death. Complete. The inspector said.

What? The death penalty is recommended! Luo Daying's eyes immediately straightened, although he had already heard from the people inside that he might be sentenced to death, but he always had a trace of luck in his heart, hoping that the procuratorate could open the net, and now he can only hope for the court.

"Defendant Luo Daying defended himself." The presiding judge said.

"I ...... I didn't rob the bank, I robbed the woman's money, I didn't rob the bank......" Luo Daying's head was messed up, and his brain was blank.

"Defendant Luo Daying's defender expresses his defense opinions." The presiding judge said.

"Presiding Judge and Judge: The defender believes that the defendant Luo Daying entered the bank to rob savings customers, and the amount was huge, and his actions constituted the crime of robbery. However, the defendant Luo Daying did not use violence in the process of snatching, and it was an attempt. In accordance with the basic principle of proportionality of crime and punishment in the Criminal Law, the court was requested to give a lighter punishment and recommended that the defendant Luo Daying be sentenced to 15 years imprisonment. Fang Yi said.

"The prosecutor may respond to the defender's arguments." The presiding judge felt that it was necessary for both sides to express their defense opinions in depth, and the current defense opinions of both sides were too superficial and not conducive to the collegial panel's deliberation of the case.

"Okay, in response to the defender's defense opinions, we would like to make the following two points:

1. This case involves two circumstances: robbery of a huge amount of money and robbery of a bank, and should be punished heavily.

Article 263 of the Criminal Law stipulates eight types of circumstances that require heavier punishment, and robbery of a huge amount of money and robbery of a bank are among the circumstances of aggravating punishment, and shall be punished more than 10 years imprisonment, life imprisonment, or death penalty within the statutory sentencing range.

The crime of robbery is a violent property crime with serious social harm, and in order to achieve the unity of legal and social effects, the death penalty should be applied to achieve the effect of deterring criminals.

2. There is no attempt to aggravate the crime of robbery.

Article 263 of the Criminal Law stipulates that whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given......

In our view, the crime of robbery is divided into ordinary robbery (i.e., fixed-term imprisonment of not less than three years but not more than ten years, and a fine) and aggravated robbery (i.e., with eight circumstances, a fixed-term imprisonment of not less than ten years, life imprisonment or death, and a fine or confiscation of property).

For ordinary robbery crimes, a distinction should be made between completed and attempted crimes based on whether or not property was obtained; There should be no attempt for aggravated robbery.

Article 263 of the Criminal Law provides for the eight types of aggravating circumstances, including: (1) robbery at home; (2) Robbery on public transportation; (3) Robbery of banks or other financial institutions; (4) Multiple robberies or robberies where the amount of money involved is huge; (5) Robbery causing serious injury or death; (6) Pretending to be military or police personnel to rob; (7) Robbery with a gun; (8) Looting military supplies or emergency rescue, disaster relief, or relief materials.

The above eight aggravating circumstances include aggravating circumstances and aggravating consequences. Whether or not the above eight aggravating circumstances are met is a condition for the establishment of an aggravating circumstance. Therefore, the aggravated offence of robbery is only a question of whether it is constituted or not, and there is no distinction between uncompleted and attempted.

In other words, regardless of whether the defendant forcibly and illegally took possession of the victim's property, as long as the robbery has the statutory aggravating circumstances, the conditions for aggravating punishment are met, that is, there is no attempt to commit the crime of robbery with a heavier punishment.

The defendant in this case, Luo Daying, entered the bank to rob a savings customer of a huge amount of money, and at the same time committed two aggravating circumstances, the bank robbery and the robbery of a huge amount, and he had already succeeded in the robbery, and was arrested in the process of escaping, and his behavior was a completed robbery, and should be punished heavily, and he should be punished heavily, and sentenced to death. Complete. The inspector said.

What's the situation! Why are you still hooked up with a bank robbery? Fang Yi was shocked in his heart, robbing a bank is an aggravated punishment, which is what the people call a "serious crime".

"The defender may respond to the prosecutor's opinion." The presiding judge was quite satisfied with the procurator's opinion, and with such an opinion, at least a few more pages could be written in the verdict.

"In response to the prosecutor's defense opinions and responses, the defense counsel issued the following defense opinions:

1. Defendant Luo Daying's conduct was not a bank robbery.

According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases, the 'robbery of a bank or other financial institution' as provided for in Article 263 (3) of the Criminal Law refers to the robbery of a bank or other financial institution's operating funds, negotiable securities and customers' funds, etc., emphasizing the funds of banks and other financial institutions, not customers.

Defendant Luo Daying's act of entering a bank to snatch the funds of customers who are preparing deposits does not fall under the above interpretation of 'customer funds'. Here's why:

From the perspective of the legislative intent, the reason why the Criminal Law makes robbery of banks or other financial institutions a heavier punishment is to highlight the crackdown on crimes against banks or other financial institutions and to protect the security of financial institutions.

At the time of the incident, the victim entered the bank and was preparing to handle the savings business at the window, and at this time the cash was still in the hands of the customer and did not enter the bank, and the customer and the bank were two separate entities, so the defendant Luo Daying's conduct should not be regarded as a robbery of the bank.

The robbery committed by Luo Daying only constituted a robbery if the victim's cash had been delivered to the bank staff.

The defender argued that the 'client's funds' in the above interpretation should be the client's funds under the control of the bank or financial institution, not the cash that the savings customer was prepared to deposit in the bank in this case.

2. The crime of aggravated robbery has both completed and attempted circumstances.

According to the defender, the crime of robbery, which was aggravated, still has the circumstances of completed and attempted. According to the provisions of the Criminal Law, the crime of robbery violates complex objects, including both property rights and personal rights, whether it is the theft of property, the cause of bodily injury to another person, or both, all are completed; If the property is not stolen and the personal injury to others is not caused, it shall be an attempt.

Among the eight aggravating circumstances provided for in article 263 of the Criminal Law, except for the aggravating circumstance of "robbery causing serious injury or death", the remaining circumstances all have the issue of completed and attempted, and where it is an attempted robbery, the defendant shall be punished in conjunction with the relevant provisions of the Criminal Law on attempts.

In this case, the defendant Luo Daying did not commit violence from beginning to end during the robbery, and did not physically harm others.

Defendant Luo Daying took advantage of the victim's unpreparedness and snatched the lockbox containing the cash, and on the surface, the victim had lost control of the cash in the lockbox. However, as far as the defendant Luo Daying is concerned, he did not escape from the bank business hall, he did not actually control or obtain the cash in the lockbox, and the defendant was caught red-handed before he could run out of the bank business hall at the time of the crime, so the defendant Luo Daying's conduct should be an attempt.

The basic principle of proportionality of punishment as set forth in the Penal Code shall be observed in all circumstances.

Article 263 of the Criminal Law stipulates that the eight aggravating circumstances are relative to ordinary circumstances (fixed-term imprisonment of not less than three years but not more than ten years).

From the provisions of the above-mentioned law, it can be seen that the application of this law should be carried out in a light to severe manner, starting with fixed-term imprisonment of more than 10 years, followed by life imprisonment, and finally the death penalty.

Therefore, robbery with eight aggravating circumstances should also follow the basic principle of proportionality of the crime, and the sentence should be chosen according to the specific circumstances of the case. Whether or not the robbery caused death or injury to others, and whether the crime was completed, should be fully considered in sentencing.

In this case, the defendant Luo Daying carried an axe to snatch, although it should be punished as the crime of robbery, and there were aggravating circumstances (the amount of robbery was huge), the defendant did not use violence from beginning to end, nor did he threaten violence, did not cause any personal injury to others, and it was an attempt to commit a crime. According to Article 23 of the Criminal Law, an attempted offender may be given a mitigated or commuted punishment by reference to a completed offender.

In summary, we recommend that the defendant Luo Daying be sentenced to 15 years imprisonment. The collegial panel is requested to adopt the defender's opinion. Complete. Fang Yi said.

……

After the trial, the presiding judge did not announce the verdict in court, and Fang Yi and Zhou Ying returned to the law firm.

"Lawyer Fang, you are too good, when the prosecutor proposed that Luo Daying 'robbed the bank' in court, I was blinded at once. I didn't expect you to react immediately. Zhou Ying said with admiration.

"When we talked about the case before, didn't you read the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases" in its entirety?" Fang Yi smiled.

"Well, I used that one to look at that, and I really didn't think much about it." Zhou Ying said with a smile.

"The lawyer's response to the trial is trained in the long-term trial, remember that in the future, the prosecutor in the court will raise the situation that he does not know, don't panic, once you mess up, the defense effect of the trial will definitely not be better." Fang Yi said.

"So what should I do?" Zhou Ying asked suspiciously.

"Adapt to local conditions, depending on the situation!" Fang Yi smiled mysteriously.

"It's too hard, isn't it?" Zhou Ying said with a bitter face.

"There are some things that can only be understood but not spoken, and you have to continue to feel and experience them during the trial. Even if I tell you now, you'll have to forget about it when you get upset.

This is the same as marching and fighting, no matter how good the things taught in school are, they are only on paper, and they are useless if they have not been on the battlefield (they have not appeared in court), and the situation on the battlefield (trial) is changing rapidly, and no one can help you at that time, you can only rely on yourself. Got it! Fang Yi said.

"Oh, I see, I just have to sharpen it in actual combat and feel it myself, right!" Zhou Ying nodded.

"That's right! However, the psychological quality is the first, the psychological quality is not good, the pressure cannot be carried out, it is impossible to handle big and serious cases, and of course it is impossible to make a lot of money. Fang Yi smiled.

Zhou Ying nodded.

"Okay, you prepare the materials for Sun Dalin's kidnapping case, and make more preparations before the trial. Print out the relevant legal provisions and judicial interpretations and bring them with you. Fang Yi said.

"Okay." Zhou Ying agreed and went out.

During this time, Fang Yi has been busy with three criminal cases for legal aid, and Fang Yi has only received a few brief meetings, and his income has plummeted. The purpose of handling cases is to make money and improve his life, and the volume of legal aid cases is large, and he will definitely not make money by handling only a few, which is a very real problem, which also makes him more depressed.

Just as he was thinking, the door opened, and Wan Kefa walked in.

"Good fellow, the old monk seems to be in a fixed position, what do you think?" Wan Kefa said with a smile.

"It's nothing, I'm thinking about how to rub off on your good luck and make more money." Fang Yi said with a smile.

"Do you think that the case of the method is delaying you from making money?" WAGO.

"No, absolutely not. Who is this rumor-mongering, and I seriously condemn them. Fang Yi pretended to be a serious one.

"Xiao Fang, you have learned badly from Lao Huang and Ma Yi! You don't blush when you tell a lie. Wan Kefa pouted and said, "Give you a chance to make meritorious service and atone for your sins." ”

"What is the meritorious atonement for sins! Lao Wan, you can't wronged me. Fang Yi argued. He didn't know what the fat old man was up to.

"It's useless to talk about it, Qian Wen resigned, you see if there is a suitable lawyer to take over Qian Wen's work." WAGO.

Since Qian Wen was depressed, Wan Kefa had the idea of recruiting a lawyer, but he never found a suitable lawyer, so the team assigned Qian Wen's legal aid case to other lawyers in the team, but this was only a stopgap measure and could not last long.

Lawyers who don't want fat work, for legal aid is tasteless and discarded, it is a pity to not catch a cold, and everyone must have an opinion after a long time. Therefore, WAF recommends that you make internal recommendations to solve the problem of legal aid lawyers.

"Only for the case?" Fang Yi asked.

"Legal aid is the mainstay, and other cases can be handled without delay, without restrictions." WAGO.

"I'll keep an eye out for you, and I have a suitable recommendation for you." Fang Yi said.

A few days later, Luo Daying's case was decided, and Fang Yi went to the Intermediate People's Court to receive the criminal verdict.

The Intermediate People's Court held that the defendant Luo Daying carried a murder weapon to rob other people's property, and the amount was huge, and his conduct constituted the crime of robbery. The charges charged by the public prosecution are convicted and should be confirmed.

Defender Fang Yi's defense opinion on the attempted crime was not adopted because the defendant Luo Daying was caught while fleeing after robbing the victim's money, and his criminal conduct had already been committed. In accordance with the provisions of Article 267, Paragraph 2 and Article 263, Paragraph 4 of the Criminal Law of the People's Republic of China, the judgment is as follows:

1. Defendant Luo Daying committed robbery and was sentenced to death, deprived of political rights for life, and confiscated of all personal property.

2. A murder weapon, an axe, was confiscated and destroyed in accordance with law.

(End of chapter)