Chapter 519: Unscrupulous things

Author: Snow Yinghong Plum

Chapter 519: Unscrupulous things

"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: The prosecutor believes that in order to obtain illegal benefits, the defendant Sun Shengli illegally printed a large number of bath tickets and sold them in society. His behavior seriously disrupted the local market economic order and caused certain losses to the operation of county hotels.

In addition, the forged bath tickets by the defendant have a certain value and are priced tickets. The defendant's behavior violated two crimes at the same time, which is an imaginary conspiracy. One of the felony crimes should be chosen and convicted and punished according to the crime of illegal business operations.

The defendant Sun Shengli illegally printed a large number of bath tickets, which is in line with the situation of "serious circumstances" in the crime of illegal business operations. Given that Sun Shengli had a good attitude of admitting guilt after being arrested and had certain remorse, it is recommended that he be sentenced to one year and six months in prison and a fine of 20,000 yuan. It was completed." The prosecutor said.

"The defendant Sun Shengli defended himself." said the presiding judge.

"I plead guilty and accept punishment. Please give the judge a lighter punishment. I really didn't sell a few bath tickets..." Sun Shengli felt that the prosecutor recommended a sentence was a bit long, and hoped that the court could open a fewer sentences and less fines.

"The defense lawyer of the defendant Sun Shengli, express his defense opinion." The presiding judge looked at Fang Yi.

"Previous Judge, Judge: The defense lawyer believes that the evidence in the case cannot prove that the defendant Sun Shengli's behavior seriously disrupted the local market economic order. His behavior does not constitute the crime of illegal business operations, but should be punished for the crime of forging valuable tickets. The reasons are as follows:

1. Bathing tickets belong to ‘other priced tickets’

Article 227 of the Criminal Law stipulates that forging or reselling forged tickets, boat tickets, stamps or other valuable tickets in a large amount shall constitute the crime of forging valuable tickets.

The "other priced tickets" mentioned in the above provisions should be priced tickets with the same attribute as train tickets, boat tickets, stamps, etc., and should be issued and managed by relevant departments. The holder has the right to require the corresponding departments to provide tickets with certain services, such as bus tickets, subway tickets, etc.

These tickets have common characteristics: first, they have a certain denomination; second, they have certain economic interests for the holder; third, they are public, that is, they are valid for unspecified people within a certain space. Fourth, they are reflected in providing or receiving certain services, and there is a clear legal relationship between the two parties.

In this case, the victim's county hotel is a business unit established in accordance with the law. Its business scope includes bathing services and has the right to print bath tickets and sell them within a certain range. The bath tickets printed by the hotel are a written certificate with a fixed denomination that is approved by the local price department and circulated and used normally in the local society.

Therefore, bath tickets, like train tickets, boat tickets, and stamps, have the characteristics of "other priced tickets" stipulated in Article 227 of the Criminal Law. The defendant Sun Shengli forged the bathtub, which constitutes the crime of forging a priced ticket.

2. The defendant forged a large amount of bath tickets

At present, the Criminal Law and judicial interpretations do not clearly stipulate the "large amount" stipulated in the first paragraph of Article 227.

Article 227, Paragraph 1 of the Criminal Law includes the act of "forging other valuable tickets" with the act of reselling train tickets. Therefore, the defense lawyer believes that the act of forging other valuable tickets and the act of reselling train tickets should be equivalent to the social harm of reselling train tickets to some extent. Therefore, we can refer to the relevant judicial interpretations on reselling train tickets and the filing standards for forging other valuable tickets. The specific details are as follows:

Article 1 of the "Interpretation of the Supreme People's Court on the Re-selling of Criminal Cases of Re-selling of Train Tickets" (Fa Interpretation [1999] No. 17) stipulates that high prices, changing prices, disguised price increase, or reselling seats, sleeper signatures and ticket ordering certificates, the ticket amount is more than 5,000 yuan..., which constitutes the "serious circumstances for reselling of tickets" stipulated in Article 227, Paragraph 2 of the Criminal Law.

Article 29 of the "Regulations on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security (I)" (issued in June 2008) stipulates that if the forged or reselled forged other priced tickets is over 5,000 yuan, a case shall be filed and prosecuted.

The evidence in the case shows that the total amount of bath tickets forged by the defendant Sun Shengli in this case is 15,000 yuan, which should be considered as "large amount". Therefore, the behavior of the defendant Sun Shengli should constitute the crime of forging valuable tickets.

Given that the defendant Sun Shengli had a good attitude of admitting guilt after being arrested and had certain remorse, and was a first offender, the defense lawyer suggested that the defendant Sun Shengli be punished with five months of detention. It was completed." Fang Yi said.

When Fang Yi communicated with the prosecutors about the case, the two parties had the same opinions on the crime of forging valuable tickets, but Fang Yi believed that Sun Shengli's behavior did not constitute an imaginary competition. Therefore, Fang Yi believed that it was necessary to work hard on the crime of forging valuable tickets, analyze the problems thoroughly, and explain them to the judges in the collegial panel.

Fang Yi believes that even if he does not mention the crime of forging a valuable ticket, the judges will think about this, because the prosecutor has mentioned the concept of imaginary conspiracy in the relevant prosecution documents.

In addition, so far, Sun Shengli has been detained for more than three months. Fang Yi suggested that Sun Shengli be punished with five months of detention, and the court has given time to issue a judgment.

...

"...The judgment opinion has been formed in this case after the collegial panel. In view of 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 Sun Shengli used illegal means to forge valuable tickets in a large amount, and his behavior constituted the crime of forging valuable tickets.

The public prosecution agency accused Sun Shengli of the crimes clearly, the evidence was true and sufficient, but the law was applied incorrectly, and Sun Shengli did not constitute the crime of illegal business operations.

Given that the defendant Sun Shengli has a good attitude of admitting guilt after being arrested and has certain remorse, he may be given a lighter punishment at his discretion. In accordance with the provisions of Article 227, Paragraph 1, Article 72, Article 73, and Paragraph 2, and Article 3 of the Criminal Law of the People's Republic of China, the judgment is as follows:

The defendant Sun Shengli was convicted of forging valuable tickets and sentenced to six months in prison, one year of probation, and a fine of 15,000 yuan." The presiding judge pronounced the sentence.

Although the collegial panel did not adopt Fang Yi's sentencing recommendation, it adopted Fang Yi's defense opinion on the conviction and sentenced Sun Shengli to one year of probation.

It is a great thing for Sun Shengli to no longer squat in the detention center. But he has no money in his pocket, and the fines must be solved by Sun Rongrong. However, Sun Rongrong thinks that the money is worth it, and her brother's freedom is far more important than money, although her brother is a bad thing.

After the courtroom, Sun Rongrong and his family invited Fang Yi and Zhou Ying to have a meal in the county town to show their gratitude.
Chapter completed!