At two o'clock in the afternoon of the next day, Fang Yi and Zhou Ying sat in the meeting room of the procuratorate on time, the attitude of the procuratorate is very important, if the two sides communicate well, there will be a lot less resistance during the trial, and Kong Xusheng's case has a chance to fight for a change of verdict.

A male prosecutor surnamed Wang, who was in his thirties and wore glasses, glanced at the lawyer's opinion submitted by Fang Yi opposite, and looked up at Fang Yi and Zhou Ying: "You have no opinion on the characterization of Kong Xusheng's corruption case, but you have objections to the sentencing, thinking that he constitutes meritorious service and can be given a lighter or commuted punishment on the basis of the existing sentence, right?" ”

"Yes, we think that there is no problem with the accusations of the procuratorate in the first instance, but a new situation has occurred, which was not taken into account in the first instance, of course, this is an unexpected situation, and at that time, the public security organs let Kong Xusheng go after making a record, and the results of the public security organs did not come out until two days later." Fang Yi said.

His meaning is very clear: We have no objection to the charges charged by the procuratorate in the first instance, and we agree with the procuratorate's opinion on the crime of embezzlement, but now a new situation has emerged, and Kong Xu is living in the circumstances of meritorious service, and I hope that the procuratorate will consider the new situation when recommending sentencing in the course of the second trial.

"Well, I agree with you in principle, it is true that Kong Xusheng stopped others from stealing, but the thief who was caught did not reach the age of criminal responsibility and was not investigated for criminal responsibility, whether Kong Xusheng's blocking behavior constitutes meritorious ......." At this point, Inspector Wang opened the door of the conference room, and a twenty-seven or eighteen-year-old female prosecutor walked in.

"Lawyer Fang, Lawyer Zhou, this is my colleague, Prosecutor Liu, we are in charge of this case together." Inspector Wang introduced.

"Hello, Lawyer Fang, Lawyer Zhou." Inspector Liu took the lawyer's opinion handed over by his colleague, glanced at it and said, "Lawyer Fang, I think so. Kong Xusheng's behavior belongs to righteousness and courage, which is worth advocating.

However, since the perpetrator of the theft has not reached the age of criminal responsibility, and the public security organs have not handled this case as a criminal case, since the perpetrator's conduct does not constitute a crime, then Kong Xusheng's conduct does not constitute 'stopping the criminal activities of others' and cannot be found to be meritorious service. Of course, this is only my preliminary opinion. ”

"Lawyer Fang, tell me what you think." Inspector Wang obviously had doubts about whether Kong Xusheng's actions constituted meritorious service, but he was not as resolute as Inspector Liu.

Fang Yi's fame is there, and he still admires Fang Yi's professional ability very much, so he wants to hear what Fang Yi has to say.

"Inspector Wang, Inspector Liu, I think Kong Xusheng's behavior constitutes meritorious service. The reasons are:

Paragraph 1 of Article 68 of the Criminal Law stipulates that criminals who have made meritorious contributions such as exposing the criminal acts of others, verifying the facts, or providing important clues that enable them to solve other cases, may be given a lighter or commuted punishment.

Article 5 of the 1998 Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service stipulates that stopping the criminal activities of others shall be deemed to have made meritorious contributions......," Fang Yi said

"Well, we are aware of the laws and regulations you mentioned, but the police have not criminalized the acts of the perpetrators of theft. Kong Xusheng's conduct did not comply with the above provisions. Inspector Liu took the conversation.

"Prosecutor Liu, contrary to your point of view, the 'criminal activities of others' in the above-mentioned laws and judicial interpretations do not necessarily require a crime.

Therefore, the outcome of the judicial organ's handling should not be used as the standard, as long as the conduct of another person is harmful to society and has the external manifestation of certain objective elements of the crime, then stopping the act can be determined to be 'preventing the criminal activities of others'. Fang Yi said.

"Lawyer Fang, be more specific." Inspector Wang felt that what Fang Yi said seemed to have some truth.

"1. According to the above-mentioned laws and judicial interpretations, the meritorious service of 'stopping the criminal activities of others' does not require that the 'criminal activities of others' actually constitute a crime.

First of all, according to the Modern Chinese Dictionary, activity refers to an action taken to achieve a certain goal. The term 'criminal activity' in the activity of 'preventing others from committing a crime' is used as a noun and should literally refer to an action taken to achieve the purpose of committing a crime, and should not be equated with a crime.

Second, Article 5 of the above-mentioned judicial interpretation clearly states that 'stopping the criminal activities of others' is a meritorious service as 'criminal activities of others' rather than 'crimes committed by others'.

The term 'criminal activity' is not explicitly provided for in the above interpretation, but this expression already reflects the legislative orientation, i.e., 'criminal activity' here does not mean actual 'crime', which is also consistent with the meaning of 'activity' itself.

Finally, the Opinions of the Supreme People's Court on Several Specific Issues Concerning the Handling of Voluntary Surrender and Meritorious Service explains, in the form of enumerations, how to determine that others 'constitute a crime' in the process of reporting, exposing or assisting in the arrest of meritorious service.

Paragraph 5 of Article 6 of the Opinions stipulates that 'where the defendant's conduct in reporting, exposing, or assisting in the arrest of a person constitutes a crime, but the defendant is not pursued for criminal responsibility, does not prosecute, or the trial is terminated for legally prescribed reasons, it does not affect the ......determination of the defendant's meritorious service'

The term 'constituting a crime' here should be understood in terms of form, which means that the act is harmful to society and has the objective elements of constituting a certain crime.

As for the conduct that is not pursued for criminal responsibility because the subject does not have the capacity for criminal responsibility, or where the case is not filed, the case is withdrawn, the case is not prosecuted, the trial is terminated, or the defendant is not acquitted because the circumstances are obviously minor, the statute of limitations has passed, the case is pardoned, or the defendant is dead, it does not affect the determination of meritorious service.

Although Article 6 of the Opinions only provides for reporting, exposing or assisting in the arrest of meritorious service, we believe that in judicial practice, it can be referred to its provisions to determine the meritorious service of 'stopping the criminal activities of others'. Fang Yi explained.

"Well, Lawyer Fang, what you just said about the "Opinions of the Supreme People's Court on Handling Several Specific Issues Concerning Voluntary Surrender and Meritorious Service" stipulates that in the process of reporting, exposing meritorious service, and assisting in the arrest of meritorious service, the acts of the person being reported and the person being arrested have all been carried out, and it is an after-the-fact evaluation to believe that their behavior constitutes a crime in form, and preventing others from committing crimes is more likely to occur in the course of others' criminal activities, so I think it cannot be completely applied." Inspector Wang retorted.

"Well, you're right, you can't apply it completely. However, I think it can be applied by reference, and Kong Xusheng's behavior meets the conditions for meritorious service of 'stopping the criminal activities of others'. Here's how I understand it:

1. The 'criminal activities' in 'preventing the criminal activities of others' refers to acts that are harmful to society and have the external manifestations of the objective elements of a certain crime......" Fang Yi said as he observed the procurator opposite.

Today's three chapters, the first two chapters, the next chapter in the hand, sent out later.