"We can work hard in this direction, but without evidence, it is difficult for the court to adopt our defense opinions. I think this case can only choose between the crime of acquiring stolen goods and the crime of harboring stolen goods, and rely on the 'two crimes in doubt'. Fang Yi looked at Yun Qiao after speaking.

"Two crimes in doubt?" Yun Qiao's eyes released a confused light.

"Yes, it's 'two sins in doubt'. In terms of sentencing, the crime of acquiring stolen goods is lighter than the crime of harboring stolen goods, after all, the ordinary perpetrator buys stolen goods for his own use, and the harm is less than that of harboring stolen goods.

In judicial practice, the application of the rule of 'the lesser of two crimes' is still relatively common. Fang Yi's words are tantamount to giving Yun Qiao a small stove, this kind of case is not something that every lawyer can encounter.

"You mean, we're going to plead guilty to the crime of buying stolen goods?" Yun Qiao had an epiphany.

"No, we can defend according to Gu Jun's statement, after all, that's what he said to the public security organ before, he thinks he is innocent and a victim (whether true or not), if we insist that he is guilty, he will definitely blow up the nest.

The purpose of our defense is not to acquit the defendant, but to have the judge have reasonable doubts about what the prosecutor said.

In fact, judging from the available evidence, it is possible that the defendant was aware that the Audi car was a stolen vehicle, and the judge may ultimately find the defendant guilty of purchasing stolen goods. This is a defense strategy. Fang Yi explained.

"Why is there a possibility that the defendant knows?" At this time, Yun Qiao's head had 10,000 questions in store, and every time Fang Yi explained, she would have new questions.

"According to Article 17 of the "Provisions on the Investigation and Handling of Cases of Theft and Robbery of Motor Vehicles in Accordance with Law" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Administration for Industry and Commerce, where the formalities for motor vehicle documents are incomplete or clearly in violation of the provisions, or where a motor vehicle is purchased at a price significantly lower than the market price, it may be deemed that the defendant should have known.

The vehicle driving license held by the defendant Gu Jun was forged, and the Audi A6 purchased by the defendant was an imported car, and the price of the second-hand car was more than 300,000 yuan, but the defendant's purchase price was 210,000 yuan. Fang Yi patiently explained.

Yun Qiao looked at Fang Yi with curious eyes: "Master, how do you know that the Audi A6 used car he bought is worth more than 300,000 yuan?" ”

"When you assisted Mr. Gu's father and son in handling the entrustment procedures, I used my mobile phone to check the price of the Audi A6 in the local second-hand car market." Fang Yi smiled.

"Oh! Terrible. Yun Qiao's face was adoring.

"But before that, you can't reveal the defense plan to Mr. Gu, Mr. Gu's expectations are relatively high, so we have to suppress their expectations first, and then talk about our plan. Otherwise, the case will not be easy to handle.

In the past few days, you have been staring at the point, once the case file is transferred to the procuratorate, let's go to the procuratorate to read the file, see the situation of the case file, and then ask Mr. Gu to come over to talk. Fang Yi instructed.

"yes, I see." Yun Qiao was just about to go out, when Zhou Ying and Du Yong knocked on the door and walked into the office.

"Boss Fang, do you have time?" Zhou Ying asked straight to the point.

Fang Yi saw Zhou Ying and Du Yong enter the door, knowing that they were here for the case of Du Yong's cousin Kong Shu, and he also said to Yun Qiao: "Yun Qiao, don't leave first, I will discuss the case with Lawyer Zhou and Lawyer Du, and you can listen to it too." ”

Zhou Ying and the three of them each pulled up their office chairs and sat opposite Fang Yi.

"I've read the materials you sent me roughly, so let's talk about your understanding of the case first." Fang Yi looked at Zhou Ying and Du Yong, Du Yong's face was not very good, and his eyes were full of anxiety.

"I'll tell you." Zhou Ying glanced at Du Yong: "Regarding whether the defendant Kong Shu constituted the crime of rape, Lawyer Du and I have read the case file, and there is a surveillance video of the hotel in the case file, judging from the testimony of the hotel front desk waiter and the content of the surveillance video, the victim should have been in a drunken state at the time, and his consciousness was not too clear."

Judging from the available evidence, the defendants Kong Shu and Xiang Qingbin constituted the crime of strong J, and there were circumstances of the wheel of J, so the starting point should be 10 years, and it is possible that they will be sentenced to more than 10 years imprisonment, life imprisonment, or the death penalty.

However, the defendant Kong Shu assisted the public security organs in apprehending the co-defendant and made meritorious contributions, and at the same time, considering that his personal goal of rape did not succeed, the procuratorate's intention was to recommend that the court reduce his punishment.

Now we disagree with the prosecutor whether the defendant Kong Shu's conduct is a completed crime or an attempted crime. If it is an attempt, the punishment may be mitigated or commuted by comparison with the completed offense, and the defendant Kong Shu may be given a layer of insurance. When the court sentencs, it will also take into account the above circumstances and give a lighter sentence. Zhou Ying said.

"We're inclined to attempt." Du Yong added.

"Tell me your reasoning?" Fang Yi looked at Zhou and Du.

"We believe that the issue of res J is also divided into res judicata and attempts, just like in this case, the defendant Kong Shu failed to succeed for reasons other than his will, so it should be found to be an attempted gang rape. Where gang rape is attempted, a lighter punishment may be given by comparison with the punishment for gang rape. Without waiting for Zhou Ying to open his mouth, Du Yong couldn't wait to explain.

"What the procurator means is that since the two defendants had the common intent to commit rape and took turns to commit rape Y, and one of them succeeded in raping Y, it should be found that the whole case was successful. Wheel J is only one of the aggravating circumstances of the crime of forcible J as prescribed by law, and there is no question of completion or attempt. Zhou Ying said.

"Well, I agree with the inspector. When I was a PhD, I saw a similar case.

In the case of Wheel J, there was no independent issue of both attempt and attempt, only the crime of rape had a question of completion and attempt. Fang Yi said.

"Why?" Zhou Ying and Du Yong were just about to speak, when Yun Qiao, who was sitting on the side, suddenly asked.

"What is chakra J is when two or more men take turns committing rape on the same woman (or underage girl) at the same time out of a common understanding of rape.

Wheel J is one of the circumstances under which the crime of strong J is given a heavier sentence as expressly provided for in Article 236 of the Criminal Law, and the aggravated punishment only addresses the issue of sentencing, that is, the issue of the level of statutory punishment and the severity of the punishment that the court should apply to the perpetrator.

As long as the perpetrator in the same case has carried out the gang rape act, the corresponding statutory punishment shall be applied to him, otherwise, if the perpetrator did not carry out the gang rape act, there is no aggravating circumstance. Fang Yi explained.

"So if a person succeeds (succeeded) and a person does not succeed (attempted), how does it apply? If aggravated penalties are applied, will there be an unfairness problem? Du Yong hoped that Fang Yi would speak to his cousin, but he also wanted to hear an objective explanation, because the court would not consider the relationship between the defendant and the lawyer.

(End of chapter)