Chapter 602 I was wrong!

Author: Snow Yinghong Plum

Although Fang Yi knew that the defendant's surrender just now was untenable, he had no good idea now, so he could only put forward the content that was beneficial to the defendant and finally handed it over to the collegial panel for judgment.

Regarding the statement of "robbing shared property", although Fang Yi has the intention to open up the defendant Tang Renguo, from the perspective of family shared property, Fang Yi feels that this is tenable. Although the robbery includes one of the defendant's own shares, he did infringe on the legitimate rights and interests of other shared property owners, which will definitely constitute a crime.

If this kind of crime is not called to the police, it would be fine if it is handled internally. Once the police are called and the state machine starts a chain reaction, the family will not have the final say in the matter.

As for the "household robbery", Fang Yi thought so. Since the defense has been set on the crime of robbery, the judge will definitely think of the defendant's house robbery. Therefore, Fang Yi should try his best to explain the matter thoroughly and eliminate the situations that may be aggravated.

As for those aggravated punishments that cannot be denied, such as "severely injured the victim" and "large amount of robbery", they can only leave it to fate. The facts are there, and the evidence is as strong as a mountain. Fang Yi dared not talk nonsense with his eyes open, as that would arouse the judge's disgust and would not conform to his defense style.

"The prosecutor can respond to the defense counsel's defense opinion." said the presiding judge.

“Okay, for the defense attorney, we think:

1. The defendants Tang Renguo and Jiang Sanfu did not reach the intention of robbery.

Although the defendant Tang Renguo asked Jiang Sanfu to go to his supermarket with him to make money, the defendant initially told Jiang Sanfu that the supermarket had closed and no one was there, so the latter followed the defendant to the supermarket. It can be seen that Jiang Sanfu did not have the intention of robbery, but the intention of theft. The purpose of the two went to the supermarket was not to rob.

2. The defendant does not surrender.

Although neither the Criminal Law nor the judicial interpretation clearly stipulates that the suspect must clearly inform the judicial authorities that he surrendered before he can establish an voluntary surrender.

However, Article 67 of the Criminal Law stipulates that "if you surrender voluntarily after committing a crime and truthfully confess your crime, you will surrender yourself."

From the above provisions, we can see that criminals must clearly inform the judicial authorities that their purpose is to surrender, which is a requirement for establishing voluntary surrender. As long as the suspect takes the initiative to go to the judicial authorities for the purpose of surrender, regardless of whether the judicial authorities have grasped the facts of their crimes and have decided to take compulsory measures against them, it should be considered voluntary surrender.

In this case, the township public security organs have received a joint investigation notice from the Municipal Public Security Bureau and have grasped the defendant's criminal facts. If the defendant goes to the public security organs to clearly state that he is here to surrender and truthfully confesses his criminal facts, it should be considered as surrendering.

However, the real purpose of the defendant Tang Renguo in this case to the public security organs was not to surrender, but to find out whether the victim died. After that, the public security organs arrested him. Although the defendant truthfully confessed his main criminal facts, he could not be considered surrender because he lacked the condition of voluntarily surrendering.

In summary, we believe that the defendant constituted intentional homicide and did not surrender himself. It was completed." The prosecutor responded to Fang Yi's defense opinion as he thought it was the most powerful.

"The defense lawyer can respond to the prosecutor's opinion." The presiding judge said with his big eyelids drooping, looking at the case file in his hand.

"In response to the prosecutor's defense opinions and responses, the defense lawyer expressed the following opinions:

1. The defendant and Jiang Sanfu had the intention to conspire to rob.

Although in an Internet cafe, when the defendant Tang Renguo asked Jiang Sanfu to go to the supermarket to make money, he told Jiang Sanfu to go to his supermarket in the early morning and there was no one on duty. However, when the two pried open the back window and crawled into the Tang family's small supermarket, they found that the victim Tang Ming was in the lounge.

If we follow the previous negotiation results, the two should stop making money and leave the small supermarket, but in fact they did not leave the Tang family's supermarket.

The defendant arranged for Jiang Sanfu to see the news at the door, and the latter readily agreed that the defendant failed to ask the victim for money after entering the lounge, and committed violence against the victim's resistance.

At this time, the nature of the two's behavior had changed, from theft to robbery. Moreover, afterwards, Jiang Sanfu entered the house and found that Tang Ming, who was lying on the bed, did not stop the defendant's behavior, but participated in the "fill money" and dividing money. This shows that the two had the intention of robbing. The meaning of making money had turned into robbery.

2. Even if the defendant's behavior does not constitute surrender, the defendant's truthful confession after being arrested also provides convenience for the police to solve the case. The defense lawyer suggested that the collegial panel consider it during the sentencing. It was completed."

Seeing that the other party was fiddling with surrender so clearly, then don’t take it. He took a step back and asked the court to consider the situation of truthful confession of the defendant during the sentencing.

...

After the trial, the court was adjourned for ten minutes, and the presiding judge made a verdict in court.

After trial, the Intermediate Court held that the defendant Tang Renguo used violent means to illegal possession and illegally possess other people's legal property, and his behavior constituted the crime of robbery.

Although Tang Renguo and the victim Tang Ming were co-members of the family, Tang Renguo only participated in the operation of the small supermarket for a short time and were not the owner of the supermarket property. Tang Renguo violently possessed the legal property of others, and his behavior met the subjective and objective constituent elements of the crime of robbery and should be convicted and punished for the crime of robbery.

The public prosecution agency accused the defendant Tang Renguo of the crimes established and supported, but the charges were inappropriate. The Intermediate Court ruled that the defendant Tang Renguo was guilty of robbery and sentenced to life imprisonment, deprivation of political rights for life, and a fine of RMB 4,000.

Jia Zongxia in the audience knew very well what life imprisonment meant to a young man in his twenties, and Tang Ming also knew. After the trial, Tang Ming stood up and left the court without any explanation.

After Jia Zongxia watched her son be taken away, she left the court in a daze. Although the result was not very good, Jia Zongxia was basically acceptable and it was in line with what Fang Yi had expected to have to say to her at the beginning.

After the verdict was issued, Fang Yi came to the detention center again to meet with Tang Renguo.

"The verdict has been issued. After it takes effect, you will be transferred to prison to serve your sentence. Do you have anything to say to me to tell your mother?" Fang Yi asked.

"Please tell my mother that I was wrong! I will repay my kindness for raising me when I go out. Let her take care of her health." Tang Renguo hesitated for a moment, looked at Fang Yi and said, his eyes full of regret.

"Well, I will definitely convey your words to your mother. Do you want to appeal?" Fang Yi asked.
Chapter completed!