"Do you still have to pay back the money that Mr. Chang owes to the pawnshop?" Cheng Xiangyu asked.

"This involves the question of who is the victim of this case, because of the poor storage, the Audi car was robbed, and the loss of the pawnshop has been compensated by the Oriental Parking Lot, so the creditor's rights and debts between the pawnshop and Mr. Chang have been settled by the Oriental Parking Lot, and Mr. Chang does not have to repay the loan of the pawnshop." Du Yong said.

"Oh, I said the pawn shop hasn't been bothering my family. I see! Chang always woke up.

However, Dongfang Parking suffered losses due to Mr. Chang's conduct, and Dongfang Parking was the victim in this case, which is also an important element in determining that Mr. Chang's conduct constituted a crime.

In this case, Mr. Chang was unprepared and forcibly drove the car away, and without causing personal injury, the party who actually suffered economic losses, i.e., the Dongfang Parking Lot, was the victim.

Oriental Parking Lot is entrusted by the pledgee (pawnshop) to obtain the custody of the Audi car, and according to the relevant regulations, it shall be liable for the damage and loss of the pledged property during the custody of the pledged property.

For example, Article 374 of the Contract Law stipulates that "during the custody period, if the custodian causes damage or loss to the custodian due to the improper custody of the custodian, the custodian shall be liable for damages, but the custodian shall not be liable for damages if the custodian proves that he is not grossly negligent".

Article 215 of the Property Law also stipulates that 'the pledgee shall have the obligation to properly keep the pledged property, and shall be liable for compensation if the pledged property is damaged or lost due to improper custody.' ’

(After the implementation of the Civil Code, the Contract Law and the Property Law have become invalid)

According to Mr. Chang, Dongfang Parking Lot was liable for the economic losses suffered by the pledgee, the pawnshop, based on the custody contract. It can be seen that the Dongfang parking lot, as the custodian, is the victim in this case.

Therefore, Oriental Parking has the right to demand that Mr. Chang bear the liability for compensation. Even if Dongfang Parking Lot does not prosecute now, when the procuratorate sues Mr. Chang, Dongfang Parking Lot will file a civil lawsuit attached to the criminal case to demand compensation from Mr. Chang. Du Yong continued to explain.

"Brother, according to what you said, Lao Chang's crime is confirmed?" Cheng Xiangyu looked at Du Yong.

"Well, according to the facts of the case that Mr. Chang just said, I think Mr. Chang has committed the crime of robbery.

With regard to Mr. Chang's conduct, it is not only superficial to analyze whether his conduct is aimed at the victim's lawful possession or possession, but should analyze whether his conduct actually causes the victim to suffer property damage.

I'll tell you the truth, Mr. Chang, don't like to listen to it. Du Yong said.

"Well, you say." Tsuneko replied.

"In this case, Mr. Chang's behavior, in terms of social harmfulness, is no different from the act of snatching all the property of others, and will lead to the consequences of property damage to others.

In my opinion, in this case, Mr. Chang's act of snatching the Audi car that was legally kept by a third party, Dongfang Parking Lot, due to the pledge, meets the constitutive characteristics of the crime of robbery, and it is correct for the public security organ to punish him for the crime of robbery. Du Yong pondered that if he said it so carefully to the other party, would the other party say "thank you" and it would be over.

"Lawyer Du, how many years will I be sentenced to this case?" Chang Guang already believed Du Yong's words. If you don't believe it, the public security organs have been arresting him. The photo of him in the surveillance of the parking lot is very clear, and there is a video of the entire forced driving away car, and the evidence is conclusive.

Article 267 of the Criminal Law stipulates that a person who robs property in a huge amount or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. How much is your Audi worth? Du Yong asked.

"I bought a second-hand Audi, because it was a long time, and I spent more than 400,000 yuan when I bought a car." Chang Guang thought about it and replied.

"Well, it's possible that the court will sentence you three to ten years ago. The exact sentence depends on your performance. Du Yong said and looked at Cheng Xiangyu.

Cheng Xiangyu immediately understood, got up and said, "Old Chang, let's go to the restaurant to talk." ”

Chang Guang nodded, got up and followed Cheng Xiangyu to the restaurant.

"Master, can you take this case?" Cheng Du came over, took out a cigarette, and handed it to Du Yong: "This house smells big, let's go to the window to breathe?" ”

Du Yong got up and took the cigarette, got up and followed Cheng Du to the window, opened a window, and lit the cigarette: "Yes, it depends on whether Mr. Chang has the money to pay the lawyer's fees." ”

"I think Mr. Chang's daughter-in-law has to keep some private money, and the lawyer's fee should not be a big problem." Cheng Du exhaled smoke, rolled his eyes and said.

More than twenty minutes later, Cheng Xiangyu and Chang Guang returned.

"Brother, I often want to entrust you to handle the case, and I entrust everything to you, with only one purpose, a few years less sentence, how much lawyer fee do you think is appropriate? It's also quite difficult for the old Chang family. Cheng Xiangyu said after sitting down.

"Yes, in the past two years, my daughter-in-law has cashed out the company, and life is not easy, and I have to borrow Brother Cheng's lawyer's fees." Chang Guang said pitifully.

"That's it, Mr. Chang, the lawyer's fee is 100,000 yuan, don't be too much, I will explain to you the next work to do, first of all, you have to raise funds to prepare, we will go to the Oriental Parking Lot to discuss the compensation, and ask the other party to issue a letter of understanding.

In addition, you should be prepared to surrender to the police after the Chinese New Year, so that the punishment for you can be reduced.

Before you turn yourself in, you have to make sure that your Audi is still not there, what is the current state, and you must hand it over to the public security organs when the time comes.

Once you are in custody, we will apply for bail pending further investigation and will communicate the facts of your case with the Public Prosecutor's Office to secure a suspended sentence as far as possible. Finally, there is a court session to defend you.

That's the main thing we're going to do. It's easy to say, but it doesn't have to be a lot of trips. The first thing you have to do is to raise funds, and the second is to confirm the condition of getting off the bus, and go to the public security organ to confess truthfully. Du Yong looked at Chang Guang.

Chang Guang was entangled for a while, gritted his teeth and nodded in agreement with Du Yong's request, and then looked at Cheng Xiangyu: "Brother Cheng......"

"Don't worry, I'll help you out of the money you pay back to the Oriental Parking Lot. After that, I lived a good life, thinking about paying me back. Cheng Xiangyu said.

"Well, I'll give you an IOU." Changguang nodded, his eyes reddened slightly.

"Mr. Chang, before you go to the public security organ to surrender, you can take your family over and get together, but don't be discovered. If you find that something is wrong, I suggest that you immediately call and turn yourself in. You have to take the initiative. It's good for your sentencing. Du Yong reminded.

"Well, it's gone. I'll see them both when the sentence is over. I'll leave this case to you. Chang Guang sighed. I endured it for so long, and in order to avoid squatting in prison for a few days, it was gone, just in case.

(End of chapter)