Seeing that Sun and Lu did not speak, nor did they object, Fang Yi continued: "On the surface, what Mr. Ma and others 'robbed' was a warranty certificate, which infringed on Jiang Liang's creditor's rights, not real property.

But in essence, although the warranty certificate itself is not property, it is a document proving the ownership of the 150,000 yuan warranty money, just like the real estate certificate, it can prove the ownership of the property.

If there is no warranty certificate, Jiang Liang asks Mr. Ma for 150,000 yuan warranty, will Mr. Ma give it? Even if Jiang Liang goes to the court to file a lawsuit, the court will not support him, so that the 150,000 yuan will no longer be the guarantee money, but will become the property of Mr. Ma. To put it bluntly, the certificate of 150,000 yuan warranty is equal to the property of the same value.

The perpetrator of the crime of robbery under the Criminal Law robs not only physical property, but also creditor's rights documents, which are also a type of company property.

The ultimate purpose of the acts carried out by Mr. Ma and others is to illegally occupy the 150,000 yuan warranty money that does not belong to them. ”

After finishing speaking, Fang Yi picked up the teacup and drank the tea by himself, the faces of Lu and Sun on the opposite side were a little complicated, and their eyes kept exchanging.

"Lawyer Fang, we have also asked other lawyers before, and some lawyers said that from the specific circumstances of this case, Mr. Ma has already taken possession of the guarantee money of 150,000 yuan in advance, and the essence of his behavior is to repay the debt, and it is inappropriate for the procuratorate to determine that Mr. Ma has the purpose of illegal possession. I think there's some truth to what people say, don't you think? After a moment, Sun Hui asked.

"I don't quite agree with this point of view, and first of all, I am not criticizing the views of other lawyers, but I think that such an understanding of the 'purpose of unlawful possession' in the crime of robbery is somewhat one-sided.

It should be said that the "purpose of unlawful possession" is not the same thing as "the state of prior possession of another person's property".

Mr. Ma's prior possession of the 150,000 yuan warranty money of others is based on the engineering contract signed by both parties, and if there is a problem with the project, the project contract cannot be performed, and Mr. Ma should return the warranty money.

To put it bluntly, the preconditions for Mr. Ma to possess the warranty money do not exist, and the warranty money taken by others should be returned to others.

Mr. Ma led people to forcibly ask for the guarantee money voucher and forced the victim Jiang Liang to write a receipt, the essence of which was not to 'repay the debt', but to fundamentally erase the account of the 150,000 yuan warranty money, and Mr. Ma's ultimate goal was to illegally take possession of the 150,000 yuan warranty money given to him by Jiang Liang and not return it.

Am I right? Fang Yi looked at the two.

"Lawyer Fang, is there any delay in Mr. Ma's case? Even if a crime is constituted, can it be treated as an attempt to commit a crime? After Lu and Sun made eye contact, Sun Hui asked.

"It's unlikely.

According to the Penal Code, an attempt to commit a crime is when the offender sets out to commit a criminal act and does not succeed for reasons other than the will of the offender.

In this case, Mr. Ma and others had forcibly snatched back the certificate of the guarantee money, and also forced the victim Jiang Liang to make a receipt, and when the above-mentioned acts were completed, 'the guarantee money had been returned', Mr. Ma's debts had been extinguished, his criminal purpose had been achieved, and all the constituent elements of the crime of robbery had been satisfied, so Mr. Ma had completed the crime.

Mr. Ma had always been in possession of the guarantee money before the public security organ filed the case, and after the public security organ cracked the case, the 150,000 yuan of the guarantee money stolen by the defendant was recovered, so it did not cause losses to the victim, so it did not affect the establishment of the completed crime. Fang Yi explained.

"Lawyer Fang, do you have any court connections, can you help us operate?" After listening to Fang Yi's words, Lu Yuan asked.

"Sorry, I don't have anything to do with that." Fang Yi shook his head and said.

"Lawyer Fang, I'm sorry for you today. In the evening, we made an appointment, and we will invite you to dinner another day. Saying that, Sun Hui gave Lu Yuan a look, and the two got up to say goodbye.

After sending the two away, Yu Mantang said extremely dissatisfied: "Grass! What kind of person, let me help you ask you out, asked for an afternoon, don't entrust it, why don't you even invite a meal, it's too unparticular. As soon as the old horse enters like this, this relationship is broken! ”

"Mr. Yu, you don't have to think too much, I feel that these two people are not telling the truth. It is very likely that it is this assistant Sun who gave Mr. Ma the idea.

From beginning to end, the two of them just wanted to confirm whether the results of the consultation from other lawyers were correct. Did the other lawyers fool them? It can be seen that they don't trust lawyers at all, and even if they do, the case is not easy to handle. Fang Yi sneered.

"Well, it's possible. Let's go, I'm having a treat in the evening, and we have a new chef in the cafeteria, and you can help me check it. Yu Mantang said with a smile.

"It's really not good today, I have to go back to pick up the kids from school and cook." Fang Yi declined.

"Well, I'm not polite to you either. Brother, you are also standing in the city now, it's time to think about personal problems, you can't be alone every day, don't panic too much! Yu Mantang said with a smile.

"Besides, the kid is about to go to high school, and I don't want him to be wronged." Fang Yi understood what Yu Mantang meant and smiled.

"What you said is also true, the child is half the age of the child, and suddenly there is a mouthful, which is very troublesome if there is a discord in the family. But you are not short of money now, and if you need it, you can solve it at any time. The more Yu Mantang talked, the more he didn't get out of the way, Fang Yi smiled, chatted a few more words, and left the office.

……

In the newly built office of the breeding base, Shengzi is reading the company's financial statements last month.

In recent years, the company has developed rapidly, hired a lot of professionals, and is not ashamed to ask questions in his spare time, and now he can understand the company's financial statements.

At this moment, there was a sudden knock at the door, and Li Sancai, the company's vice president of sales, walked in with a smile. Li San is the first villager to follow the birth of a son to raise sheep, in recent years, he has been running around with the birth of a child, and his sales ability is prominent, and he was appointed as the company's vice president of sales.

"Sancai is back? The recent sales are good! Great work! Fang Yi put down the financial statements and said with a smile.

"It's not hard! If it weren't for you setting up the stage, where would I be going to sing? Li Sancai smiled and said, "I saw the police car at the gate just now, what's wrong?" ”

"Hey, in fact, it's not a big deal, we bought a submersible pump before, and yesterday Lao Zhao pulled the submersible pump to the side of the well, ready to replace the original broken submersible pump.

At noon, Lao Zhao pondered that the well was not far from the place to eat, and there were many people farming around, so he left Zhou Laosan to watch and took others to eat.

Zhou Laosan felt that no one stole the submersible pump in the daytime, so he went to the field not far away to chat with the villagers, and when he came back, he found that the new pump was missing, and Zhou Laosan was stunned at that time. Shengzi said.