Chapter 427 Chapter 450 Chapter 451 (Merge Chapter) He didn’t live enough!

Author: Snow Yinghong Plum

Chapter 427 Chapter 450 Chapter 451 (Merge Chapter) He didn’t live enough!

"What happened later?" The prosecutor's eyes were like a knife.

"Later, I climbed over the wall and entered her house, pried open the door and inserted it into the house. She was sleeping on the kang. Suddenly I woke up and saw me. I was afraid that she would call someone, so I rushed over and covered her mouth with my hands. Later, I went back to the house.

I stuck her neck, covered her head with a quilt, and had sex with her. I really didn't mean to kill her..." Gao Qiang became more and more excited as he spoke.

"Why is the victim's gold ring in your hands?" the prosecutor asked.

"When she was struggling, I went to break her hand and saw the golden ring that I accidentally saw, so I rubbed it down and took it home." Gao Qiang said.

"You confessed before that she was lying on the kang without moving, and you rubbed off her hands after the rape was committed. Now you said you rubbed off in the fight. What's going on?" The prosecutor Leng Leng

asked with a voice.

"I remembered it wrong before. I recalled these days again. I took it off her fingers during the battle." Gao Qiang said.

"What was the victim's state when you left?" the prosecutor said.

"She...she is out of breath. I tried it with my hands, but she wasn't breathing. I didn't mean it..." Gao Qiang looked at the prosecutor, his eyes full of fear.

"Previous Judge, we've finished asking." The prosecutor said.

"Does the defendant's defense lawyer need to ask the defendant?" said the presiding judge.

"You need to ask a question." Fang Yi said: "Defendant Gao Qiang, for what purpose did you enter the victim's home."

"I drank wine at that time and just wanted to have sex with her, but I didn't think of anything else." Gao Qiang said.

"Approval Chief, I've finished asking." Fang Yi said.

...

"The facts of this case have been investigated clearly, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around disputed facts that have not been verified by the court and the question of how the law should be applied based on the facts.

The prosecutor will speak first." said the presiding judge.

"Previous Judge, Judge: We believe that the defendant Gao Qiang sneaked into the victim's home after drinking and raped the victim by violent means, causing the victim to die, and his behavior constituted the crime of rape; during the rape process, he forcibly captured the victim's gold ring,

The defendant who entered the house and robbed caused death should be punished with multiple crimes. We recommend that the defendant be executed. It is completed!" said the prosecutor.

"The defendant defends himself." said the presiding judge.

"I was so sad that I shouldn't have gone to the little widow's house..." Gao Qiang confessed again, but unfortunately he was not in the church, but in the court, so this set of rhetoric had no effect.

"The defendant's defense lawyer expressed his defense opinion." said the presiding judge.

Fang Yi did not object to most of the prosecutor's allegations, but he disagreed with the prosecutor's view on the fact that robbery caused death.

"Previous Judge, Judge: The defense lawyer does not object to the prosecutor's charge of rape. However, the defense lawyer has different opinions on the death of a robbery in the house. The defense lawyer believes that the defendant Gao Qiang does not constitute a robbery in the house and causes death.

The reasons are as follows:

1. The defendant's purpose of entering the household is to commit a rape crime, not for robbery, so it cannot be considered "home robbery".

According to the provisions of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in Trial of Robbery and Criminal Cases", the illegality of the purpose of "access to households" is the key to determining household robbery. Entering other people's residences must be for the purpose of committing crimes such as robbery.

Although the robbery occurs indoors, the perpetrator does not enter other people's residence for the purpose of committing robbery or other crimes, but temporarily intends to commit robbery indoors, which does not constitute "household robbery".

According to the above provisions, the defense lawyer believes that the key to determining whether the defendant in this case constitutes "household robbery" lies in his purpose of entering the household.

In this case, the defendant Gao Qiang entered the victim's residence for the purpose of rape, which did not meet the requirements for household robbery. Therefore, the defendant Gao Qiang's temporary intention to rob the victim's gold ring during the rape process cannot be considered as household robbery. The reasons are as follows:

(I) According to the above opinions, the following is that "entering another person's residence must be committed for crimes such as robbery" means that theft is discovered by entering the house. The perpetrator uses violence or uses violence on the spot to hide stolen goods, resists arrest or destroy evidence of crime.

If a threat is threatened, if violent or violent coercive acts occur indoors, they can be considered "household robbery."

According to Article 263 of the Criminal Law, "Robbery in the House" is an aggravated punishment. According to Article 269 of the Criminal Law, theft, fraud, robbery and other activities can be carried out under certain conditions.

Transformed into robbery.

Therefore, if the perpetrator enters the household for the purpose of robbery, or enters the household for the purpose of crimes such as theft, fraud, and robbery and converts it into robbery, it can be considered "robbery from the household".

(II) The "robbery and other crimes" in the above opinions should not be understood as all crimes, but should only be interpreted as robbery and theft, fraud, robbery and other financial crimes.

The above opinions clearly stipulate that entering another person's residence must be for the purpose of committing crimes such as robbery, and the purpose of strictly identifying household robbery, and the purpose of entering households with the purpose of committing financial crimes such as robbery and other crimes shall be for the purpose of committing households with the purpose of committing other crimes.

Households are distinguished to achieve accuracy and sentencing balance.

Because if there is no distinction, the act of temporarily robbing for the purpose of committing any crime is treated as robbery, and the perpetrator may be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty. It is possible that the Criminal Law stipulates

The scope of 'household robbery' is infinitely expanded, which can easily lead to heavy sentences for misdemeanors.

In this case, after being beaten by his wife, the defendant Gao Qiang went to his sister's house for dinner, and then went to the house to commit a rape crime. According to the on-site inspection and inspection records provided by the prosecutor, there was no robbery of other property at the scene, and the evidence in the case was in progress.

It was confirmed that the defendant only robbed one gold ring, which shows that Gao Qiang did not rob the household for money, so it did not meet the conditions for robbery.

(III) The prosecutor designated the defendant's behavior of entering the household as a means of rape and robbery, which is a repeated evaluation of the same behavior.

Prohibiting multiple convictions or punishments for the same criminal act of the same defendant is a basic principle followed in my country's criminal law theory and practice. Its purpose is to prohibit repeated criminal law evaluations of the same act, protect the rights of the defendant, and realize the crime and punishment quite.

In this case, the defendant Gao Qiang's purpose of entering the household is to commit a rape crime. The household registration act should no longer be evaluated as a means of robbery. Otherwise, the household registration act will be recognized as a means of rape and robbery respectively. This not only violates the

The principle of repeated evaluation also violates the principle of conviction that is consistent with subjective and objective.

To sum up, the defendant Gao Qiang entered the victim's home for the purpose of committing a rape crime, and temporarily snatched the victim's gold ring during the rape process. This behavior should not be considered as "household robbery".

2. The death of the victim in this case was caused by violent rape by the defendant, so it cannot be considered as robbery and death.

According to Article 263, Paragraph (5) of the Criminal Law, if a robbery causes death, he shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death penalty.

In judicial practice, only when there is a criminal causal relationship between the robbery and the death of the victim, and the defendant is criminally responsible for the death of the victim, can it be considered as "robbery causes death".

According to the evidence provided by the prosecutor and the defendant's confession, the incident happened, and Gao Qiang entered the house and used violent means to subdue the victim, and then had a relationship with him, and robbed the victim's gold ring during the rape process, which eventually led to the death of the victim.

.

According to the confession of the defendant Gao Qiang, during the crime, he used violent means such as covering his head, choking his neck, covering his mouth, etc. The autopsy report also confirmed that the victim died of mechanical asphyxiation due to external force choking his neck and his mouth caused by mechanical asphyxiation.

From this, it can be judged that the violent acts such as covering the head, choking the neck, covering the mouth and covering the victim for rape are the direct causes of the victim's death.

The defendant Gao Qiang's act of robbing the gold ring during the rape process was slightly violent. It can be seen that there is no criminal causal relationship between the defendant Gao Qiang's act of robbing the gold ring and the victim's death.

To sum up, the defense lawyer believes that the defendant Gao Qiang committed rape and robbery in this case, but it does not constitute a household robbery, causing death. After being arrested, the defendant Gao Qiang truthfully confessed, admitted guilt and accepted punishment, and showed remorse. The court asked to give a lighter punishment

.It's over." Fang Yi said.

Although he was reluctant, as the defendant Gao Qiang's defense lawyer, Fang Yi still proposed to the court to give him a lighter punishment.

...

After the trial, everyone waited for the final ruling. Ten minutes later, members of the collegial panel walked into the court.

“…In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, based on the facts and evidence of this case, this court analyzes the following:

...The defendant Gao Qiang's behavior constitutes rape and robbery respectively. The crime is serious, the harm is serious, and the social harm is great. He should be punished with multiple crimes. The public prosecution agency accused Gao Qiang of the crime clearly, the evidence is true, sufficient, and the conviction is accurate

.

Regarding Gao Qiang's defense lawyer's defense opinion that Gao Qiang's behavior did not constitute robbery, it was found that Gao Qiang entered the victim's room to commit rape, not robbery. Forcibly robbed the gold ring on the victim's hand, which was raped by the defendant

The temporary intention in the process. According to the principle of criminal law that is consistent with subjective and objective, the defense opinion will be adopted. The current law judgment is as follows:

The defendant Gao Qiang was sentenced to death for life for rape and deprived of political rights; he was sentenced to five years in prison and a fine of RMB 10,000. He was sentenced to two crimes and was sentenced to death for life, depriving political rights and was fined

RMB 10,000." The presiding judge pronounced the verdict.

Gao Qiang, who was in the dock, heard the verdict, collapsed directly onto the chair, his eyes straightened, and tears instantly flowed down. He didn't live enough!

When Fang Yi walked out of the court, Gao Qiang's wife walked over quickly: "Lawyer Fang, how about it?"

"Sentenced! Death sentence!" Fang Yi looked at her and said.

With a "wow", Gao Qiang's wife cried. She covered her face with her hands and squatted on the ground and cried in a panic.

Although her husband did something shameless that she and the child couldn't raise their heads, they were a family after all, and they still had feelings for each other after a long time of beating and scolding.

"Gao Qiang in court yells to appeal, I can draft an appeal for you, but..." Fang Yi stopped talking. His original intention was: For such a thing, you should not waste money to hire a lawyer.

No hope.

Gao Qiang's wife nodded, cried a little less, and then got on the car with the help of her brother. Fang Yi didn't know if the other party understood what she meant, and now that was the case, she could only do this.

Just the fourth day after the criminal verdict of Gao Qiang's rape case was concluded, the case of embezzlement of the position of Deputy General Manager Zhang, a subsidiary of Shengfeng Group, was also heard. Finally, the county court adopted the procuratorate's suggestion and followed Shengfeng Group and the live broadcast company.

The agreement reached confirms the amount of stolen money that should be recovered.

After the criminal judgment was issued, the live broadcast company deducted 8% of the service fee and returned the remaining amount to a subsidiary of Shengfeng Group.

Sister Lan kept her word and paid Fang Yi more than 1.6 million yuan in lawyer fees and a reward of 100,000 yuan in the second day after the payment was received.

After deducting 30% of the lawyer fee, Fang Yi can get more than 1.1 million yuan. Of course, this is the amount of personal income tax that does not deduct. Considering that the one-time personal income tax is too high, the lawyer's fee is paid.

Afterwards, Fang Yi was not in a hurry to withdraw money.

This was the highest attorney fee Fang Yi received since his practice, which made him excited for several days.

At the end of October, Wan Kefa walked into the law firm with great confidence, and he finally finished the treatment and returned.

When Fang Yi was called into the office, the fat old man was holding a mirror to observe his red face.
To be continued...