Cases involving the attention of the Supreme People's Procuratorate....

Generally, it is a major case, for example, involving public opinion discussion of criminal acts.

Or it involves an abnormal case judgment.

The judgment of an abnormal case here refers to the fact that an unjust, false and wrongly decided case is involved.

For example, in the work report released by the Supreme People's Procuratorate in a certain year, more than a dozen domestic cases were named for their focus.

These include the "poisoning case" and the "famous unjust, false and wrongful case of being unjustly imprisoned for 26 years"

"A well-known fruit in Yunnan Province violated the sentence commutation" and "involved in the case of anti-violence and forced death", etc.

These cases have certain common characteristics, that is, they are well-known and have a great deal of public opinion.

Or there may be a greater problem with the definition of the offence on the merits of the case.

And it involves a relatively complex situation of criminal determination.

Plainly.... There is only one point, and that is that the trial case, whether it is a crime or a procedure, has a relatively large impact on society.

That's why it will be valued by the Supreme People's Procuratorate.

Let Luo Daxiang directly say that it may involve cases that the Supreme People's Procuratorate attaches importance to.

The complexity of this case is certainly not small!

Su Bai smiled and said: "When it comes to a case that the Supreme People's Procuratorate attaches great importance to, this case is definitely not small!" ”

"Mr. Luo, where did you get this case from?"

Luo Daxiang responded: "Let's talk later, this time I will come to Nandu to attend a meeting." ”

"Now that the meeting is over, I'll talk to your law firm."

"Okay! Then I'll wait at the law firm! ”

.

….

In the law firm, Luo Daxiang sat on the sofa in the office and chatted with Su Bai about the recent situation.

This is the first time Luo Daxiang has come to Baijun Law Firm.

Inevitably, there will be some other things to talk about.

After chatting roughly, Su Bai took the initiative to ask about the case that involved the attention of the Supreme People's Procuratorate.

"Teacher Luo.... You said on the phone that this case involves the attention of the Supreme People's Procuratorate. ”

"What's going on?"

"Should this case involve the issue of the trial or the prosecution again, and is it an unjust, false and wrongful case?"

When Luo Daxiang heard Su Bai mention this case, his expression was a little serious, and he shook his head.

"This case does not involve conventional unjust, false and wrongful convictions."

"It's a recent case."

"The issues involved in the case are a bit complicated, and to be precise, there are big problems with the way the case is filed and adjudicated."

Is there a big problem with the way the case is filed and adjudicated?

Does this case have problems with the interpretation of the law involving the charges?

When Su Bai heard Luo Daxiang introduce the case, he was aroused.

Luo Daxiang continued to speak: "You should have heard about the preparation for the crime, right?" ”

"Yes."

Preparation for the commission of an offence is dealt with in section II, article 22 of the Penal Code.

It is the preparation of the tools for the purpose of committing the crime, and it is the preparation of the crime that makes the tools.

For preparatory crimes, the punishment may be mitigated or waived compared with the completed crime.

Preparation for a crime and an attempt to commit a crime are both the result of not completing the crime based on objective facts.

Therefore, starting from the established criminal charges, the punishment for certain crimes should be reduced.

In layman's terms, it probably means that you haven't sinned yet, but you're ready to sin.

And in the process of preparing to commit crimes, they carried out the acts.

This practice is called criminal preparation.

Merely....

In criminal cases, it is difficult to define criminal preparation.

In other words, the time to prepare for a crime is very short, and it is difficult to have a sufficient chain of evidence to confirm the suspicion of a crime.

There are very few cases in which this crime has been convicted in the country.

This crime is in Su Bai's understanding.

Preparation for a crime is an offence for the purpose of reducing the offence committed before the offence and punishing the offender.

For example, if two people have a conflict, one party has the idea of committing a crime against the other party, and in the process, he takes action.

In the process, the soon-to-be-killed party discovers the actions of the other party.

Promptly reported to the police and thwarted the other party's actions.

So is it inappropriate to convict intentional homicide in the process?

Because they haven't done it yet, how can you tell that someone is intentionally killing someone?

What is intentional homicide? There are objective facts of intentional homicide.

Attempted intentional homicide? Attempted intentional homicide also requires the existence of objective facts to be defined as attempt.

If there is no action, then there is no criminal act.

Based on the above objective facts, is there no way to take the party who wants to kill?

Not.

At this time, it is entirely possible to use the preparation of the crime to file a case and convict the party who wants to commit the crime.

This is the legal application of this crime.

Therefore, it is generally not under specific circumstances, whether the crime is filed from the filing of a case, the initiation of a public prosecution, or to the judgment.

are not easy to advance and carry out.

"Is this case related to criminal preparation?"

"Yes.... It is indeed related to the preparation of the crime, and according to what I know and the first trial that has been completed. ”

"This case.... The method of sentencing is the punishment for intentional homicide in preparation for the crime. ”

"The person was sentenced to one year and six months in prison."

Preparation for the crime of intentional homicide, sentenced to one year and six months in prison?

"That's in the process.... What is the specific evidence for the verdict? ”

Luo Daxiang spoke: "The specific evidence of punishment is that the party's confession is based, and I want to kill you." ”

"The prosecutor and the collegial panel believe that the sentence is potentially threatening and has a subjective intent to kill."

"So that's the criterion."

"I know that the specific scenario is also important.... I've seen the scene in the verdict, and the specific scene is like this...."

“.….”

？？？

After listening to Luo Daxiang's description, Su Bai frowned slightly.

How to say it....

According to Luo Daxiang's description, this case did not meet the conditions for criminal preparation at all.

How can that sentence one year and six months in prison for intentional homicide?

In this case, the scenario depicted is-

Both men and women, the woman cheated and was discovered by the man.

In this case, the man blurted out that he would definitely kill the woman in the future.

But in this case, he just blurted out and did not take actual action.

The woman reported the crime.

There is a follow-up situation.

In terms of the overall picture.

Whether it is in accordance with legal reason or reasonableness, it does not conform to the logic of the law.

After Su Bai learned about the case, he immediately decided to take the case.

And let Luo Daxiang notify the relative principal, sign the entrustment agreement, and continue to go through the relevant process.

.

….

In this case, it was the father of the party who came to contact Fang You?

It was the party Fang Rufeng who was sentenced to one year and six months in prison.

The process of signing the commission was quick and there were no other problems.

Originally, this case was introduced by Luo Daxiang.

Therefore, Fang You and Fang Rufeng both accepted the entrustment of Baijun Law Firm.

After receiving the commission.

Su Bai came to the place where the case was filed, a county near Shadu.

Linsha County Detention Center.

This case was pronounced by the Linsha County Basic Court.

Now the party Fang Rufeng is detained in the Linsha County Detention Center and has not been transferred to prison for the time being.

.

….

Inside the detention center.

Fang Rufeng described the whole process in detail, and kept complaining:

"At that time, she cheated, and she kept stimulating me, saying that I was a wreck, that I couldn't make money, and that I deserved to be cuckolded."

"I can't bear this!"

"I just said, I want to kill her!"

"Then it was filed, I don't even know what this matter is, why it was filed...."

"I didn't do anything, I didn't do anything, and this is a case?"

"I was sentenced to one year and six months in prison.... I simply can't take it. ”

"And most importantly, the woman is now suing for divorce."

"Saying that I have a tendency to kill her, saying that I have committed a crime, and asking me to leave the house to compensate her for mental damages."

"My parents reconciled with her, and she still wanted my parents' pension, doesn't this want to eat up the money that my family has worked hard to save for a lifetime?"

"Why?"

Su Bai motioned to Fang Rufeng to calm down his emotions first:

"The verdict in this case is indeed unreasonable, but the first thing we need to do now is to sort out this case."

"Good lawyer...."

Fang Rufeng nodded, calming down his emotions.

Immediately afterwards, Su Bai asked a few key questions.

When he walked out of the detention center, Su Bai exhaled lightly.

What to say about this case, I almost know it.

Overall.... The reason why Luo Daxiang said that this case would be taken seriously by the Supreme People's Procuratorate.

It is because the verdict in this case is very unreasonable.

The charges are inappropriate.

The conviction of the offence does not apply to the circumstances of the offence.

Whether or not a crime is committed depends on the facts.

There are no facts of the crime, and the verdict is based on the preparation of the crime, but it does not meet the situation of preparation for the crime.

Based on the above points, the verdict of the crime is very unreasonable.

And then there is.

If we say that the judgment is based on this situation.

Then maybe a simple sentence will make people go in and squat.

It seriously enlarges the authority of this offence and is different from the original intent of this offence.

If the public opinion of this case is big, at least if it has a certain degree of exposure in the legal circle.

It is very likely that the Supreme People's Procuratorate will provide a clause for understanding and applying this crime.

It's like Qi Feng's justified defense case was written into the criminal law book.

.

….

The file and the verdict Su Bai read the verdict and the verdict when he went to meet with Fang Rufeng.

Confession of Fang Rufeng's confession in the verdict——

In the case of Fang Rufeng's wife's cheating, based on common sense, it is very likely that the man will commit the crime.

So Fang Rufeng blurted out, I want to kill you, this is a subjective condition.

And in this case, Fang Rufeng has the conditions to commit a crime.

Based on the above, based on Article 22 of the Criminal Law, Fang Rufeng was sentenced to one year and six months imprisonment for intentional homicide.

Common sense?

Bullshit!

Obviously, there are certain problems with the determination of the first instance.

After accepting the commission, Su Bai sorted out the relevant evidence materials, and the law was different.

A request for the second instance was filed with the Shadu Intermediate Court.

During this period, Su Bai also deliberately went to the detention center again to understand the situation.

And comforting Fang Rufeng, there are certain problems in the application of my law in this case.

Let him wait patiently for some time, and when the intermediate court accepts the case, then the case will be overturned.

Meantime....

Su Bai is also sorting out the litigation materials submitted to the second instance and the evidence that is beneficial to the other party.

After everything was ready, Su Bai waited for the court's reply.

But what I waited for was the reply that the Intermediate Court refused-

The Intermediate People's Court held that the judgment of the court of first instance was reasonable, the charges were appropriate, and there were no other circumstances.

The above request is denied.

？？？

Dismissed?

After receiving the reply from the Intermediate Court, Su Bai was stunned for a moment.

No.... There was nothing wrong with the evidence he applied for.

Under normal circumstances, the court will re-examine the case.

In this case, Fang Rufeng objectively did not prepare to commit the crime.

How can you use criminal preparation to judge the other party like the wind?

If this verdict is made, does it mean that a person is arrested to say that he is prepared to commit a crime?

A crime of omnipotence?!

The Intermediate People's Court refused to hear the case, holding that the first-instance judgment was reasonable, right?

Yes! Keep appealing!

It's really not good, it's okay to stab it to the Supreme Procuratorate!.

….

PS: Ask for a monthly pass~

(End of chapter)