Mao Dewen's small physique spends all day drinking, where can he run the vigorous armed police soldiers, and he was held down within thirty meters of running out.

The traffic police brought an alcohol detector and asked Mao Dewen to blow, but Mao Dewen was pinched by the neck and had no choice but to blow. The traffic police looked at the data, turned his head and asked him what he was running.

Mao Dewen sat on the ground, panting and saying that he had drunk and was afraid of being investigated, so he ran. The traffic policeman smiled when he heard this, brought him the tester and showed him, telling him that he was not good enough for drunk driving and that he didn't need to run.

Mao Dewen laughed when he saw it, and felt that he was lucky and escaped.

Subsequently, the traffic police routinely asked him to take his driver's license for inspection, Mao Dewen promised to go back to the car to get his driver's license, and before he opened the car door, his head buzzed, and the sweat on his head came out.

Last year, he was arrested for drunk driving, and his brother-in-law helped him run it, although he came out after a short time, but his driver's license was revoked. Just now he was thinking about drunk driving and forgot about it.

The traffic police saw that he did not move, urged him to get his driver's license, he grinned and lied that he forgot to bring his driver's license, and later the traffic police detained his Mercedes-Benz and fined him another 200 yuan.

At noon the next day, Mao Dewen heard that his car was parked in the compound of the traffic police squadron, so he sneaked into the compound at about 11 o'clock that night, and found that there was only one officer on duty in his 50s at the gate, so he sneaked into the compound while he was unprepared, took the spare key of the Mercedes-Benz car, and prepared to drive the car away.

When the officer on duty found out, he stepped forward to stop him, and Mao Dewen took advantage of the bricks on the ground to smash him unconscious, dragged him to the corner of the wall, tied his hands and feet with a rope in the car, and blocked and strangled the other party's mouth and nose with towels and cloth strips.

The next day, the next day came to the colleague who was on duty yesterday, thinking that he had gone to the toilet, and then the traffic police accidentally found the officer on duty who was tied up by the wall, and the latter was stiff, and after an autopsy, he died of suffocation.

At the same time, the traffic police found that the Mercedes-Benz parked in the courtyard was also gone.

At first, Mao Dewen didn't know that he had caused a big accident, and he thought that he just drove his car away secretly, injured someone, spent some money at home, and then found his brother-in-law to drag the relationship, and later someone told him that the man in his fifties who was on duty at night died.

After getting the news, Mao Dewen's legs immediately weakened. Knowing that he had caused a big accident, the first thing he thought of was to run away, only to be caught by the police as soon as he arrived at the train station.

Subsequently, the procuratorate transferred the case to the Intermediate People's Court for trial on the grounds that Mao Dewen was guilty of intentional homicide.

After trial, the Intermediate People's Court held that the defendant Mao Dewen stole his property temporarily seized and managed by the state, and when he was stopped by the personnel on duty, he used violence on the spot, causing death, and his conduct constituted the crime of robbery, and the means were cruel and the consequences were serious, and he should be punished in accordance with law.

The facts of the crime alleged by the public prosecution are clear, but the characterization is inappropriate. Mao Dewen's defender's defense that Mao Dewen's conduct constituted the crime of manslaughter has no factual and legal basis and is not accepted.

First-instance verdict: 1. Defendant Mao Dewen committed robbery and was sentenced to death and deprived of political rights for life. 2. The Mercedes-Benz involved in the case was returned in accordance with law.

After the first-instance verdict was announced, the defendant Mao Dewen was not satisfied and appealed to the Provincial High Court, claiming that he had no motive to kill, that the first trial was indecisive, and that the sentence was unusually heavy.

"Lawyer Wang, I'm not afraid of your jokes, Ouyang and I are iron buddies, and we are not outsiders.

I don't even know what this bastard was thinking. It's just a Mercedes Benz, can you kill people? It's even in the courtyard of the traffic police force. It's useless for me to look for a relationship. Lu Yuanren scolded while smoking, and he was choked with anger.

After the accident, the Mao family asked their legal counsel to introduce a well-known local criminal lawyer, but in the end, Xiao Mao was sentenced to death.

This is not to appeal, the Mao family feels that the building near the water has the first month, and wants to hire a lawyer in our city to have a second trial. Lu Yuanren and I are both people in the circle, he knew about my previous case, and now he is doing this again, so he called me ......, and it is not far off. Ouyang Jie explained.

"Well, I understand." Fang Yi put down the criminal verdict and looked at the two.

"Lawyer Fang, I won't hide it from you, before coming here, I also consulted several lawyers, and I also went to the capital on a special trip, saying everything.

Some lawyers said that my brother-in-law's theft of a car was not theft, but the use of violence in the process of stealing a car caused death or injury constituted the crime of intentional injury or intentional homide.

Some lawyers also said that all vehicles seized by the traffic management department in accordance with the law should be treated as public property. In the process of stealing the vehicle, my brother-in-law used violence to cause death and injury, which constituted the crime of robbery.

I've been running thin on my legs these days, and I don't know who to listen to. It's really good to have such a brother-in-law on the stall. It's not okay if you don't run for him, my father-in-law and my daughter-in-law are urging all day long! Lu Yuanren said helplessly, feeling very aggrieved.

"I preliminarily judge that your brother-in-law does not constitute the crime of robbery, Mao Dewen 'stole' his own vehicle, and he did not harm the rights and interests of others, so he does not meet the conditions for the crime of robbery.

In addition, your brother-in-law should not be guilty of intentional homicide, he has no motive to kill, nor does he have the intention to kill, and the purpose of his visit to the traffic police force is to steal back his car, not to kill people.

However, in the process of stealing a car, your brother-in-law Mao Dewen used violence to injure others to death, and his behavior may constitute the crime of intentional injury.

According to article 234 of the Criminal Law, whoever intentionally injures another person's body, causing death, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Fang Yi thought for a while.

"You mean that my brother-in-law may be convicted of another crime, and the final result will be the death penalty?" Lu Yuanren digested the words below and asked.

"It is very likely to be a death sentence, but it is not necessarily an immediate execution, and it may be a suspended death sentence. Of course, there is an element of luck in this, and it is also related to the professional ability of the lawyer. Fang Yi said with a serious face.

"Lawyer Fang, do you think that Mao Dewen's case will constitute the crime of illegally disposing of seized property? A professor at the Law School of Jingcheng University once mentioned it at the dinner table.

I don't know anything about this, so I'd like to ask you again. Lu Yuanren asked suddenly.

Fang Yi thought for a moment and said: "You are talking about Article 314 of the Criminal Law, which provides that anyone who conceals, transfers, sells, or intentionally destroys property that has been sealed, seized, or frozen by the judicial organs, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine.

I don't think your brother-in-law's case constitutes the crime of illegally disposing of seized property, let me explain it to you, and you will understand:

First of all, let's talk about the meaning of the words sealing, seizure, and freezing in the law.

"Sealing" refers to the signature of the judicial organ, which shall indicate the date of sealing, the unit of the seal, and affix a seal, and once the item is sealed by the judicial organ, it shall not be opened or used without the approval of the sealing organ, let alone sold or transferred.

"Seizure" refers to the temporary detention of items related to a case by a judicial organ as necessary to handle a case. This kind of seizure is generally to detain the goods in the judicial organs, but some bulk items can also be seized in warehouses and other places.

Freezing mainly refers to the freezing of funds and accounts related to the case, and once frozen, the funds must not be used privately or transferred without being unfrozen in accordance with law. ”