“…… Lawyer Fang, let me tell you the truth, because of this, the two of us haven't talked much for a week. My husband is injured and I feel distressed.

Although my son Tang Renguo is not biological, I have raised him since he was more than a month old anyway. Although I am not flesh and blood, I am also distressed!

Although this kid is not very good to his father, he is still very good to me.

In fact, the two of us are also responsible, since we have his brother, we have neglected to care about him. Especially his father, he doesn't want to hug if he has a relative, he usually speaks and does things in favor of the second child, and it is normal for him to be unbalanced.

I felt ashamed of him, so I had to ask him to have the best local lawyer to defend him, so that the villagers would not poke him in the back, and I would not be able to live with this conscience! Jia Zongxia's expression was a little dull, and her eyes were full of sadness.

"Well, I see. Can your husband give him a letter of understanding? Fang Yi then asked.

"This ...... I'm afraid I can't get out. My husband wanted the court to shoot him right away. Jia Zongxia shook her head and said.

"Well, the case of your son Tang Renguo, I don't think it constitutes homicide, it constitutes robbery." Fang Yi said.

"Ahh If you want to talk about homicide, I can understand it, after all, he beat his father to serious injuries, but robbery...... It's true that he took money from the small supermarket at home, but it's all his own money, which is considered a robbery? Jia Zongxia looked at Fang Yi very puzzled, waiting for the other party to give a reasonable explanation.

"Robbery of one's own family's money generally does not constitute robbery.

According to article 7 of 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 Snatching" (Fa Fa [2005] No. 8), where the property of family members or close relatives is obtained by means of violence or coercion for personal use, it is generally not convicted and punished as the crime of robbery, and where other crimes are constituted, it is to be handled in accordance with the relevant provisions of the Criminal Law.

However, those who instigate or collude with others to use violence, coercion, or other means to rob family members or close relatives of property may be convicted and punished for the crime of robbery.

When I went to meet with me, your son told me that he went to a small supermarket with a friend nicknamed Huang Mao, and committed a robbery act, so he met the requirements for using violent means to rob family members' property in conjunction with others, and could be punished as robbery. Fang Yi explained.

"Ah, it's also a crime to rob one's own money emotionally!" Jia Zongxia's eyes were erratic, and she suddenly asked, "What ......about it?" Robbery or intentional homicide, which will be sentenced more heavily? ”

"The crime of intentional homicide is a serious crime, and it can be seen from the sentencing in Article 232 of the Criminal Law that the sentencing order for intentional homicide is from heaviest to lighter, with the death penalty first considered, then life imprisonment, and then more than 10 years and more than 3 years.

However, for the crime of robbery provided for in article 263 of the Criminal Law, the sentencing order is from the lowest to the highest (the general crimes are arranged in this way), starting with fixed-term imprisonment of not less than three years but not more than ten years, and then in the circumstances prescribed by law, the sentence is fixed-term imprisonment of not less than ten years, life imprisonment or death.

The crime of intentional homicide is definitely a felony among felonies, and the sentencing may be much worse if the case is different in the same case and the charges are different. You understand what I mean, right? Fang Yi explained.

"Well, I probably understand, that is to say, in my son's case, if he is convicted of intentional homicide, the sentence will definitely be much heavier than the crime of robbery, right?" After Jia Zongxia thought about it, her eyes looked straight at Fang Yi.

"Yes, that's what I meant, and that's why the lawyer told you that there was a possibility of a suspended death sentence. Although your son is an attempted intentional homicide, and the attempted offender can be punished lightly by comparison with the completed offense, your husband is now seriously injured, and the lighter punishment may only be that the death penalty will not be carried out immediately, so the death penalty is most likely to be suspended.

Now your son's case is not a question of which crime is heavier and which is less. Rather, it is a question of characterization based on the facts of the case. I feel that your son's case constitutes robbery, not intentional homicide. Fang Yi explained.

"Lawyer Fang, I don't understand the law, you are a barrister. I listen to you. After listening to Fang Yi's explanation, Jia Zongxia thought about it and said.

She understands that in this situation, it seems impossible not to sentence, so she can only retreat to the next best thing, and in the case of saving her life, a few years less is a few years.

"Okay, I'll go to the detention center again in a few days to see your son and discuss the defense plan. Yesterday the court notified the court time, and next Thursday, will you be there to attend the hearing? Fang Yi asked for his opinion.

"Well, I'll go over and listen, please remind me when the time comes." Jia Zongxia nodded.

The courtroom conditions of the Intermediate Court are much stronger than those of the grassroots courts, with a large space and more seats in the auditorium, giving people a solemn feeling when they walk in.

But today's auditorium seemed a little deserted, and there were only two people sitting, one was Jia Zongxia with a sad face, and the other was Tang Ming, whose head was wrapped in gauze, with a resentful face and fierce eyes.

From the expression of the victim Tang Ming, Fang Yi could see that the victim and the defendant had a deep grudge, and I am afraid that it had gone deep into the bone marrow......

Of the three male judges sitting above, two Fang Yi had seen in other cases, and the remaining young judge may be new and meeting for the first time.

……

"Now for the court investigation, ask the prosecutor to read the indictment." After the previous procedures were completed, the presiding judge said confidently.

“…… Defendant Tang Renguo and victim Tang Ming are father and son, and are family members living together. The defendant pripped through the window to enter a small supermarket run by his family, and in the process of extorting money from the victim, he was so angry that he was refused, and used violent means to seriously injure the victim, and then the defendant thought that the victim was dead, and robbed the small supermarket of 53,800 yuan in cash for purchases and fled.

Although the victim and the defendant are father and son, the victim's personal rights cannot be infringed upon by anyone. The defendant committed murder with a murder weapon, but was unable to do so for reasons other than his will.

This court finds that the defendant's conduct has violated article 232 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and he should be pursued for criminal responsibility for the crime of intentional homicide.

In view of the fact that defendant Tang Renguo pleaded guilty and accepted punishment, and that his conduct was an attempt to commit a crime, on the basis of article 15 of the Criminal Procedure Law and article 23 of the Criminal Law, he may be given a lenient punishment and be given a lighter or commuted punishment in comparison with the completed offense. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.

Presiding Judge, the indictment has been read. After speaking, the cold-faced female prosecutor looked at the presiding judge.