"The defender may respond to the prosecutor's opinion." The presiding judge said.

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

Although Article 91 of the Criminal Law stipulates that the management and use of private property in transit by state organs shall be regarded as public property, the basic implication of this provision is that when privately owned property is handed over to state organs, state-owned companies, enterprises, collective enterprises and people's organizations for management, use or transportation, it shall be treated as public property. However, this provision does not change the ownership of property administered by State organs.

In other words, although private property is treated as public property when it is administered by state organs, ownership remains with the original owner.

In this case, Mao Dewen still has ownership of the Mercedes-Benz that was seized by the public security organs. The seizure of a vehicle by a traffic authority does not change the ownership of the vehicle.

On the night of the incident, Mao Dewen infiltrated the courtyard of the traffic police force, subjectively trying to retrieve his Mercedes-Benz seized by the public security organs, which had been registered in the name of the appellant and was his lawful property, and the appellant's actions did not illegally occupy the property of others.

In summary, the appellant's conduct did not constitute theft, let alone the possibility of being converted into the crime of robbery. Fang Yi responded.

……

Lu Yuanren and Mao Wangang sat in the auditorium and listened carefully. Mao Wangang's heart has been tugging since the beginning of the trial, and he has not let go until the end of the trial, this is his son's last chance, if this opportunity is missed. Although there is still a death penalty review procedure of the Supreme People's Court, Fang Yi once told him that when the death penalty is reviewed, the chance to change the sentence is not impossible, but the element of luck is higher.

Mao Wangang knew what Fang Yi meant, so he had no hope at all for the subsequent death penalty review.

After a brief adjournment, the three judges of the collegial panel entered the courtroom again. The presiding judge began to read out the verdict:

“…… The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

Appellant Mao Dewen used violence to injure others to death when he was stealing a motor vehicle whose ownership belonged to him but was seized by the public security organs in accordance with law, and his conduct constituted the crime of intentional injury and should be punished in accordance with law.

The trial procedures of the original judgment were lawful, but the characterization was inaccurate and the sentence was excessive. The appellant's grounds of appeal and his defender's defense arguments were partially upheld and adopted......

The judgment is as follows: 1. Item (2) of the criminal judgment of the Municipal Intermediate People's Court is upheld; 2. Revoke item (1) of the criminal judgment of the Municipal Intermediate People's Court; 3. Appellant Mao Dewen committed the crime of intentional injury and was sentenced to death with a two-year reprieve, and deprived of political rights for life. ”

After the presiding judge announced the verdict, Mao Wangang in the audience was stunned, as if he was frozen, his eyes blinked and blinked, and then he reached out and twisted his thigh, it didn't hurt, he didn't feel it at all.

He turned his head to look at his son-in-law Lu Yuanren beside him, only to see the latter's facial features shift, and said in a low voice: "Dad, you can let go of your hand first!" Hurt! It hurts! ”

Lu Yuanren and Mao Wangang watched as the two bailiffs couldn't walk with their legs weak, and Mao Dewen, who was trembling, walked out of the courtroom.

Wu Qinghui, who was in the auditorium, looked at the scenes in the courtroom in surprise, and muttered: "Wocao, this is the sentence, the death is suspended!" ”

Wu Qinghui found that sitting on the scene to observe the criminal trial and watching the criminal case, it feels really different, this is similar to watching a concert live and watching a pirated disc at home, the gap is really not ordinary, it is too shocking!

When he was about to get off work in the afternoon, Ouyang Jie called Fang Yi and told him that Mao Wangang was going to invite him and his assistant Wu Qinghui to dinner and thank them for the work they did for Mao Dewen.

After putting down the phone, Fang Yi came to the door and called Wu Qinghui into the office.

"The party has a treat tonight, you come with me." Fang Yi smiled.

"The party? Is it the one who was sentenced to a suspended death sentence today? Wu Qinghui looked at Fang Yi suspiciously.

"Yes, they asked you to come with me by name, to thank us for the work we do." Fang Yi nodded.

"Well, I'm just a soy sauce beater, and I didn't do anything. So what's ......, I'm going to find lawyer Zhou to learn the law after work, young people, I think we still have to focus on learning......" Wu Qinghui said unashamedly.

Wu Qinghui's words directly amused Fang Yi, if these words came out of the mouths of other paralegals, Fang Yi would definitely praise him, but when the son-in-law in front of him said this, he always gave Fang Yi a sense of disobedience. Because Fang Yi understood that he didn't say this to study, but to pick up girls.

"Well, I respect your choice." Fang Yi smiled.

"Thank you, Lawyer Fang, for your support." Wu Qinghui smiled and left the office.

After the trial, after experiencing the ups and downs of his mood, Mao Wangang slept all afternoon after returning home, and he had no mental burden, and he regained a little bit of his former demeanor. In his opinion, as long as man does not die, he has a way.

When the lights were on, in the private room of a high-end hotel in the city, everyone toasted frequently, and Fang Yi drank a lot. Mao Wangang was in a good mood and drank a few more glasses.

"Brother, I mean what I say." Mao Wangang gave the driver a look, and the latter took out a black leather bag from under his feet and handed it to him.

"You take this, you do the work, and I pay. My big hairy spit and a nail. You deserve the money. Let's leave a contact information, and we will come and go often in the future. Saying that, Mao Wangang, who was already five points drunk, took out his mobile phone and left a phone call with Fang Yi and added WeChat.

The crowd drank for a while before they dispersed. Mao Wangang drank a little too much, and Lu Yuanren accompanied his father-in-law to leave first. Fang Yi didn't drive, Ouyang Jie called a substitute driver and hadn't arrived yet, and the two were waiting in the private room and chatting.

"Brother Fang, Da Maozi's family is rich, and he is the owner of the land in the local area. If he comes to you in the future, the cost should not be low. Ouyang Jie was happy in his heart, this case was handled beautifully, meeting the demands of the Mao family, and he and Lu Yuanren also made some money along the way, and the Quartet was satisfied.

"Well, now that the case has been closed, you settle the account, how much money should be paid, and I will give you cash directly." Fang Yi patted the black leather bag and smiled.

"Well, Lu Yuanren found someone to calculate, this is ours, a total of ......" Ouyang Jie took out the WeChat that Lu Yuanren sent him, which contained the amount of money calculated by the financial staff after deducting various expenses.

If it is really calculated, the tax that Fang Yi wants to deduct will definitely be higher than that calculated by the other party's financial personnel, because the more money is withdrawn, the more individual income tax will be calculated. However, the increase in the individual income tax base caused by Fang Yi's previous withdrawal has nothing to do with the lawyer's fee this time, so it is reasonable for people to calculate the individual income tax according to the distribution ratio of the lawyer's fee this time.

(End of chapter)