Chapter 623: Men and mothers, there is nothing wrong with women at all
"This is not necessarily, it depends on the degree of social harm of the preparation for the crime.
In this case, the two defendants premeditated the robbery of a taxi, and in order to control the victim, the defendants prepared sharp knives, ropes and other tools of the crime.
In order to familiarize themselves with the local environment, they also bought maps and deliberately set them at night to carry out robberies in remote places, and used high taxi fares as bait, once the robbery was carried out, the consequences were quite serious.
Objectively speaking, the degree of social harm caused by the defendant's preparatory conduct for a crime is still very large. Therefore, although it is a preparation for a crime, there is a high probability that a fixed-term prison sentence will be given. Fang Yi said.
"Lawyer Fang, you said that the defendant was going to commit the crime in a taxi, is it 'committing a crime on public transportation' and should be sentenced to more than 10 years in prison?" Lawyer Zhao asked.
"Article 2 of the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases (Fa Shi [2000] No. 35) promulgated by the Supreme People's Court stipulates that 'robbery on public transportation' as provided for in Article 263 (2) of the Criminal Law includes both robbery of passengers, sales agents, and crew members on various buses, large and medium-sized taxis, trains, boats, airplanes, and other motorized public transportation vehicles in operation. It also includes robbery of persons on public transport after intercepting it while it is in transit.
According to the above-mentioned judicial interpretation, minicabs are not a means of public transportation, so the defendant in this case does not constitute a statutory circumstance in which the crime of robbery should be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty. Fang Yi said.
Zhao and Gao were skeptical of Fang Yi's words, but according to Fang Yi's professional ability in the past, after the two discussed, they still chose to believe Fang Yi.
Facts have proved that Fang Yi's words are right.
After trial, the county court held that the defendants Deng Zigen and Diao Junping, for the purpose of illegal possession, attempted to rob a taxi driven by another person by violent means, and prepared tools and created conditions for this purpose, and their conduct constituted the crime of robbery. When preparing to commit an act of robbery, the failure to succeed due to reasons other than volition is a preparation for a crime and may be punished lightly in accordance with law.
In the joint crime, the defendant Deng Zigen played a major role, was the principal offender, and had a criminal record, and should be given a heavier punishment; Defendant Diao Junping played a secondary role and was an accomplice, and may be given a lighter punishment. Final Verdict:
1. Defendant Deng Zigen committed the crime of robbery (preparation) and was sentenced to four years imprisonment and a fine of 2,000 yuan;
2. Defendant Diao Junping committed the crime of robbery (preparation) and was sentenced to two years imprisonment and a fine of 1,000 yuan.
The court's reasons for the verdict were not far from what Fang Yi said, and Zhao and Gao were impressed by Fang Yi's professionalism. Of course, that's all for later.
There are not many cases just after the New Year, Fang Yi has been idle for a few days, and every day in addition to turning over cases, he is talking to Huang Yuanchao and others.
On this day, Fang Yi was in the office of Wankefa and Huang Yuanchao and others in a dragon gate formation, and suddenly received a message that a customer designated him to handle a criminal case.
Fang Yi got up and returned to the office, and after a while, the paralegal sent him the case file, which was a poisoning case. The paralegal had only been gone for two minutes when Zhou Ying ran over.
"Lawyer Fang, I heard that someone has appointed you to take on the case. Take me one! Zhou Ying smiled and put a box of chocolates in front of Fang Yi.
"Yo, have you learned to give gifts?" Fang Yi glanced at the chocolate and said with a smile.
"What is it like to give a gift? Lawyer Huang is my nominal master, you are the master who led me to handle the case, how can the apprentice be filial to the master and call it a gift, do you say this is the reason? Zhou Ying was not happy to hear it and retorted.
"You're getting worse and worse. This is the case file, you make an appointment with the person concerned first. Fang Yi handed the case file in his hand to Zhou Ying.
"Order! I'll let you know when I've made an appointment. After Zhou Ying took the case file, she ran out of the office like a gust of wind.
After eating at noon, Fang Yi just wanted to squint on the sofa for a while, Ma Yi walked in and sat on the sofa opposite.
"Why haven't I seen your Mei Xiaoting in the past two days?" Fang Yi threw Ma Yi a cigarette and asked.
"Hey! After the New Year, I went to other provinces with the team, and there was a merger and acquisition project. Ma Yi took the cigarette listlessly and looked at it: "Big brother, can you have a cigar?" Don't be red every day, life should be enjoyed, and you can't find your own guilt. ”
"It's good to give you a cigarette, the little cigar I have in my house gave you trouble last time, and you still have the face to mention cigars to me." Fang Yi said angrily.
"Stingy! I'll give you a box of authentic Cuban cigars in a few days. Ma Yi took the lighter, lit a cigarette and said.
After Fang Yi heard this, he stretched out two fingers at him.
"What do you mean? Scissorhands! Ma Yi also stretched out two fingers and cooperated.
"! You've told me more than twenty times, and I'll remember them all for you. The Chinese New Year is over, and I haven't seen your Cuban cigars. Fang Yi gave him a blank look.
"Look at you, why do you still remember this, how nerve-wracking! Your brain is used to memorize professional knowledge, how can you waste it on this! Ma Yi said with a smile.
"Less nonsense...... Hey, what's your face? Did you not do a good job of ideological work for the female party, and was scratched by the old ladies? Fang Yi said with a smile.
There are two blood marks on Ma Yi's left cheek, which are shallow, and they should only be broken.
"Don't talk nonsense. I'm not being ...... by old The women compatriots scratched it by the old men, the old men of a special mother.
This morning there was a divorce case in court, I represented the plaintiff's woman, the defendant was a fat man of more than 200 pounds, during the trial, the defendant suddenly cried sullenly, crying that called a pear blossom with rain...... No...... The crying judge was upset, and the crying I sympathized with the plaintiff.
Later, after the trial was over, I was signing the transcript, and the big fat man of the defendant suddenly rushed over hysterically, and came up with a claw. Ma Yidao.
"And then?" Fang Yi asked.
"Later, the defendant was taken away by four bailiffs. I've seen it, if a man gets up, there's nothing to do with a woman. Ma Yisha said in a matter.
At ten o'clock the next morning, Fang Yi asked the client of Zhou Yingyue's poisoning case to come to the law firm.
In the conference room, a middle-aged man sat opposite Fang Yi and Zhou Ying, looking at Fang Yi with a sad face. His name is Nie Shengwei and he is the elder brother of the defendant Nie Shengping.
"Mr. Nie, your sister Nie Shengping's case has already reached the court, and it is about to go to trial, why did you think of hiring a lawyer at this time?" Fang Yi puzzled the question.