Chapter 904: All of them are old fritters!
He didn't expect that the price of his attendance at the case seminar had risen to 80,000 yuan, and he remembered that the last time someone asked him to discuss the case, the cost was only 50,000 yuan.
In fact, Fang Yi didn't know that with his reputation in the circle and his influence in the professional field rising, his worth in Ouyang Jie's circle had risen at present.
……
On Thursday morning, the Zhang Khan theft case was heard in the county court......
"Defendant Zhang Khan, did you hear clearly the indictment read out by the prosecutor just now? What crime are you accused? Do you have any objection to the facts of the crime charged in the indictment? Because there were more defendants, the court conducted separate investigations into the facts of the case, and the presiding judge looked at Zhang Khan, who had just been brought into the courtroom, and asked.
"I hear you clearly, I have an objection. I am not an accomplice, nor does it constitute theft, I didn't know about Yang Zugang when they stole the cable, and I haven't seen them before.
It was Yan Yunzhe who contacted me and said that someone sold cables and asked me if I wanted it, and I bought the cable from Yan Yunzhe......" Zhang Khan defended.
"The prosecutor may interrogate the defendant Zhang Khan about the facts of the crime charged in the indictment." The presiding judge said.
"Defendant Zhang Khan, did Yan Yunzhe contact you, or did you contact Yan Yunzhe?" The female prosecutor asked.
"He contacted me." Zhang Khan said.
"Was it before or after the theft in this case?" The female prosecutor asked.
"It's before implementation." Zhang Khan replied.
"What did he say?" The female prosecutor looks at the interrogation transcript.
"He asked me if I wanted cables, and someone was coming out with new cables, unopened. I said yes and asked him how many. He told me it was a lot. Later, I called an old customer and asked how much he charged. Later I negotiated the price with him. Zhang Khan replied.
"Did you know that cables are stolen?" The female prosecutor asked.
"I know, he said someone shipped it, and I realized that it might be stolen goods." Zhang Khan replied.
"Have you ever bought anything else from him?" The female prosecutor's eyes lit up and she suddenly asked.
"Bought it!" Zhang Khan looked at the female prosecutor.
When Meng Guangda heard this, he chuckled in his heart, did he want to make meritorious service and reduce his sentence or what?
"What did you buy?" The female prosecutor asked.
"I bought some electronic components for repairing computers. He is engaged in the wholesale of electronic components, and I set up a stall in the electronic mall to repair computers for people. I often buy from him. A hint of sarcasm flashed in Zhang Khan's eyes.
The female prosecutor's face was not very good-looking: "I'm asking if you have collected dirt from him in addition to this dirty?" ”
"No, we were doing serious business before, and this time he came to me because he thought I was well-connected and had a wild path. He called me and said that this order could make a lot of money, and if I hadn't been blinded by lard, how could I have collected cables from him and sold them. Zhang Khan looked remorseful, and he didn't know whether he regretted that he wasn't careful enough or really regretted doing this.
Yu Wendong, who was sitting next to Meng Guangda on the defense bench, laughed in his heart: Serious business?! Why can you be dealt with before you really do serious business, and now you can sit in the dock? Doing serious business in an e-mall can afford your daughter-in-law to do so all day long?!
Not only did he not believe it, but neither did the female prosecutor on the other side, but if he didn't believe it, he couldn't be charged without evidence.
"Do you know Yang Zugang and the others?" The female prosecutor slowed down and continued to ask.
"Met on the day of the transaction, didn't know before." Zhang Khan shook his head.
"Yan Yunzhe didn't mention Yang Zugang and the others before?" The female prosecutor asked.
"I really didn't mention it, Yan Yunzhe was afraid that I would skip him and contact him directly, so he didn't tell me who shipped the goods." Zhang Khan's face was innocent.
"Presiding Judge, we're done." Seeing that nothing was asked, the female prosecutor stopped the questioning.
"Defendant Zhang Khan's defender asks questions of the defendant." The presiding judge said.
"Defendant Zhang Khan, you carefully recall, before the trading day, did you meet Yang Zugang or Bai Shi? Have you contacted them? Meng Guangda asked.
Yang Zugang and his gang were mainly composed of Yang Zugang and Bai Shi, and all the theft plans were set by them, and the others did not know the situation at all, and did not tell the other members of the gang until an hour before the theft was committed. This is also a measure they have taken to avoid leaking rumors.
Meng Guangda asked this question to strengthen the judge's impression of this fact.
"Heaven and earth conscience, I really haven't seen it, I don't know these two people. At that time, Yan Yunzhe only said that someone had shipped the goods, but did not tell me who it was. He told me to wait for the call. I'm just a dirty one, and I don't really know anything else. Zhang Khan emphasized again.
The public security organs investigated for more than a month, and most of the stolen cables were recovered. There are human and physical evidence, and Zhang Khan can't admit it.
No one wants to take the blame for the accident, on the contrary, some people have quick heads, and they are very cooperative with the police in order to make meritorious service and reduce their sentences, but they are limited to the circumstances of this case, and they do not mention other situations, otherwise they are looking for trouble for themselves and their families. All of them are old fritters!
……
"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.
The prosecutor will speak first. The presiding judge said.
"Presiding Judge and Judge: We believe that the defendants Yang Zugang, Bai Shi, Yan Yunzhe and others jointly participated in the planning to steal the cables in the warehouse of the cable factory, and the defendants Zhang Khan and Yan Yunzhe colluded to jointly plan the sale of stolen goods. Yang Zugang, Bai Shi, Yan Yunzhe and Zhang Khan constituted a joint crime. Among them, Yang Zugang and Bai Shi are perpetrators of theft, and Yan Yunzhe and Zhang Han are helpers.
In view of the fact that the amount of money involved in the cables stolen by the defendant was particularly huge, Bai Shi assisted the public security organs in arresting Yang Zugang, and there were meritorious circumstances, and he was given a lighter punishment in accordance with the law, and Yan Yunzhe and Zhang Han were accomplices.
We recommend that the defendant Yang Zugang be sentenced to life imprisonment, Bai Shi to 15 years' imprisonment, and Yan Yunzhe and Zhang Khan to 10 years' imprisonment. Complete. The female prosecutor commented.
……
"Defendant Zhang Khan's defender expresses his defense opinions." The presiding judge said.
"Presiding Judge and Judge: The defender believes that the defendant Zhang Khan is not an accomplice of Yang Zugang, Bai Shi, Yan Yunzhe and others, and does not constitute the crime of theft. Zhang Khan's conduct constituted the crime of concealing criminal proceeds for the following reasons:
According to the defender, in the theory of criminal law, there are two main legal bases for conspiracy with the perpetrator of theft in advance and subsequent sale of the stolen goods to establish an accomplice to theft:
First, the offender and the perpetrator must subjectively form the intent to commit a joint crime.
The second point is that the act of selling stolen goods has played a role in encouraging and supporting the perpetrator's determination to commit the crime.
As long as the above two points are met, the constitutive elements of constituting a joint crime are met, and they are aiders in a joint crime, and they should be punished as accomplices......" Meng Guangda took the defense opinion and began to express his opinion in a straight and round manner.
(End of chapter)