"The procuratorate filed a protest with the provincial court on the grounds that 'the defendant Yang Rongwei's crime was extremely serious and should be sentenced to death and should be executed immediately, and the original trial court's application of Article 48, Paragraph 1 of the Criminal Law was improper'.

The defendant accepted the sentence and did not appeal.

According to lawyer Wang, the defendant's family is indeed very difficult, he has seen the defendant's father, the old man is on crutches to look very difficult, the defendant's daughter-in-law heard that the defendant was sentenced to death with a reprieve, she never returned home, I heard that she had already filed for divorce. Zhou Ying replied with a serious face.

"Soft-hearted, huh?" Fang Yi looked at Zhou Ying expressionlessly.

"Hmm. A series of accidents ruined a family and ruined the defendant's life. People ...... in this life? What the hell is going on?! Zhou Ying nodded and said.

It can be seen that she is not in a good mood.

"I'll read the case file first, and an hour before I get off work, you can come here." Fang Yi glanced at the time and said.

……

At five o'clock in the afternoon, Zhou Ying came to Fang Yi's office.

"What do you think of this case?" Fang Yi took a sip of tea and looked at Zhou Ying who was sitting opposite with a serious face.

"From a legal point of view, I think the court of first instance may have given a light sentence.

But from the perspective of an ordinary person, I have some sympathy for the defendant, who was imprisoned in the detention center for committing a crime, and his daughter-in-law ran away. The old father was on crutches, and he didn't even have money for medicine in his pocket. The defendant was overwhelmed by poverty, which was the last straw that crushed the defendant...... It's still money.

Some people spend tens of thousands, hundreds of thousands, on a meal, while some people work hard for a year, but they can't even marry a daughter-in-law. This case turned my perception of life upside down. Zhou Ying's face was a little solemn.

"I'll give you a suggestion." Fang Yi stared at her eyes and said seriously.

"What?" Zhou Ying asked curiously.

"After finishing this case, you still follow Lao Huang to do the company's business. I'm afraid you won't be able to do it for long. Fang Yi leaned back in his chair, took out a red plum from the cigarette case on the table, put it under his nose and sniffed it.

"I can do it, it's just ......" Zhou Ying adjusted when she heard this, and said. There was some hesitation in her eyes.

"It's just a little emotionally tangled, isn't it?" Fang Yi smiled, and then said: "You have been a lawyer for too short, and you are not psychologically ready to accept the positive and negative effects that this profession brings you. It would be better to handle a similar case in a few years. ”

Zhou Ying didn't speak, looked at the case file on the table, bit her lip and nodded.

She doesn't deny that what Fang Yi said is right, she followed Fang Yi to do criminal cases before, fought and contacted the public prosecutor, and she didn't feel anything, occasionally rubbing some sense of accomplishment, satisfying vanity, and feeling that the criminal lawyer is very powerful and awesome!

But now that she is practicing alone, when she faces the case alone, the psychological pressure is really great, she is afraid of messing up the case, afraid of making mistakes in the trial, and being reprimanded by the judge.

"Remember that you are not a savior, just do your best! Be relaxed. ”

After speaking, Fang Yi then encouraged her: "People always have to learn to grow up by themselves, maybe they will be sad and crying, maybe they will doubt their choices and abilities, but when one day you stand on the branches and can face the cold wind alone, you will feel that everything is worth it, no matter good or bad."

It's important to remember that our job isn't just about making money! And the fragile ideals of the beginning! ”

"Look at how you still incite your feelings, so sad. Well, let me tell me my understanding, you can check it. Zhou Ying adjusted her mood, reached out and rubbed her eyes and said.

"Say, say it's non-toxic!" Fang Yi half-jokingly.

"Good guy, don't be sensational, I've changed the sketch again." Zhou Ying smiled, and the atmosphere in the room suddenly relaxed a lot.

"I have turned to the Criminal Law, Article 263 stipulates that anyone who robs public or private property by violence, coercion or other means, in any of the following eight circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or have his property confiscated:

1. Entering a house to rob a house; 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.

Among the eight aggravating circumstances mentioned above, there are both aggravating circumstances and aggravated results. As long as the defendant's conduct meets one or more of the above eight circumstances, it is sufficient to constitute the crime of robbery with aggravating circumstances or aggravated consequences, and the sentence shall be within the statutory range of fixed-term imprisonment of not less than 10 years, life imprisonment, or the death penalty.

In this case, the defendant Yang Rongwei entered the house and robbed the victim and caused serious injuries to the victim, which is a crime of robbery with aggravated circumstances and aggravated results, and has two of the above eight aggravating circumstances, and the crime is extremely serious. Zhou Ying flipped through the laptop and said while looking at it.

"Well, first of all, there is some truth to your analysis. But I don't think there's anything wrong with the court of first instance's decision.

Article 48, paragraph 1, of the Penal Code stipulates that the death penalty shall be applied only to criminals who have committed extremely serious crimes. As I understand the so-called 'extremely serious crimes,' first, the defendant's subjective malice is very deep and cannot be reformed or is difficult to reform, and second, the defendant's conduct has caused extremely serious damage to the state, society, and the people.

For defendants who should be sentenced to death, if it is not necessary to carry out the sentence immediately, the death penalty may be given and a two-year suspension may be announced. This reflects our country's consistent penal policy of neither abolishing nor severely restricting its application.

Therefore, in judicial practice, the "extremely serious crime" that is a condition for the application of the death penalty is generally strictly controlled.

In addition, the Criminal Code specifies that the conditions for the application of the death penalty for robbery are eight circumstances, but it does not mean that the death penalty must be imposed for robbery in these eight circumstances.

The 'death penalty' is only a type of punishment that can be applied alongside 'life imprisonment' and 'fixed-term imprisonment of more than 10 years' for the court to choose. Whether or not the death penalty is ultimately applied should be comprehensively analyzed from the defendant's motives, aims, and means, and whether the criminal's conduct and circumstances in the crime of robbery have reached an extremely serious level.

In this case, the defendant Yang Rongwei not only entered the house to rob the victim, but also caused serious injuries to the victim, and the heavy sentence clause for the crime of robbery should be applied to him was fully in accordance with the law.

Because Yang Rongwei's criminal methods were cruel, the circumstances were heinous, and the consequences were serious, and considering the current public security situation, it was very necessary to severely punish the crime of robbery, especially the crime of robbery with heinous circumstances, so it was appropriate to apply the death sentence to Yang Rongwei with a two-year reprieve. Fang Yi explained.

(End of chapter)