Lawyer's character

"This is Lawyer Du. Lawyer Du, this is Mr. Chang Guang Chang." Cheng Xiangyu introduced both parties.

"Sorry, I smoke a lot recently." Chang Guang coughed twice and reached out to shake Du Yong's hand. The smell of cigarette smoke rushed towards Du Yong's face, almost suffocating him.

Cheng behind him didn't say anything and frowned. Apparently he wasn't used to the smell in the room and didn't move forward.

They were customers. Although Du Yong was not used to the smell, he could only endure it and did not dare to make too many movements or expressions.

"Old Chang, please tell Lawyer Du about your matter and see what to do next. It's not a problem to hide all the time." Cheng Xiangyu sat a little further away. Maybe he had smelled Chang Guang's body. Bad smell.

Du Yong sat half a body away from Chang Guang, keeping a certain distance from him.

"Hey, this matter has become a problem for me. Let me tell you, Lawyer Du, please help me come up with an idea. If this continues, I will collapse..." Chang Guang sighed and told about the past. Read it again.

Chang Guang is a colleague of Cheng Xiangyu. Cheng Xiangyu brought him into the industry back then, and the two have always had a good relationship. Later, Chang Guang became addicted to gambling. From a young age, he gambled for pleasure to a large amount of gambling that hurt his health. He failed in his business that had just started to improve within a few years.

When Cheng Xiangyu persuaded him, he cried and swore in person that he would never play again. He wished he could chop off his hands to prove his determination, but within a few days, he was hooked and started playing money again.

The year before last, the family was having a hard time and his wife wanted to divorce him. He knelt down and begged her, slapping himself in the mouth and swearing to the sky to comfort her.

The family's funds were at the bottom, and they needed funds for business. Chang Guang thought about it over and over again, and finally mortgaged the family's Audi car to Zhongbang Pawn Shop and borrowed 200,000 yuan to meet the urgent need.

The 200,000 yuan fund could not last long except to pay the supplier. His former friends also left him because of his gambling addiction. In desperation, he came up with the idea of ​​​​an Audi car.

After inquiries, it was found that his Audi car was handed over to Oriental Parking Lot for safekeeping by Multinational Pawn Shop. Chang Guang observed the situation in the parking lot.

One night, he took advantage of the parking lot custodian's unpreparedness and forcibly drove away from the parking lot the collateral (Audi car) he had borrowed from Zhongbang Pawn Company. After that, Chang Guang fled with his car and failed to repay the loan of 200,000 yuan to Zhongbang Pawn Company.

After the Audi was forcibly driven away, the victim's unit, Dongfang Parking Lot, called the police and compensated Zhongbang Pawn Company for economic losses and related litigation costs totaling more than 220,000 yuan.

Chang Guang wanted to sell the Audi car to an intermediary in the second-hand car market and give the money to his wife to continue running the business. However, the intermediary found that the Audi car was stolen property and could not be passed through the household, so he did not dare to take it.

He found an agent who collected black cars, but after the agent knew it was a stolen car, the price was extremely low. He was reluctant to sell it, so he had to hide the car, hide out, and run away.

"To tell you the truth, last year, I secretly hid downstairs in my house and watched my son and my wife go out and come in. I squatted for half the night. I was as cold as a grandson, but I couldn't bear to leave... I burst into tears. It's flowing." Chang Guang said, his eyes red.

Du Yong looked at him, feeling uncomfortable and somewhat sympathetic to the man in front of him.

"I really regret not listening to Brother Cheng at the time..." Chang Guang looked at Cheng Xiangyu, who waved his hand: "The fact that you think so means you can still be saved."

"Lawyer Du, don't you think I just drove my car out of the parking lot? Isn't this a civil dispute? Why does it constitute a criminal case?" Chang Guang looked at Du Yong helplessly.

"Yes, when the police were called in the parking lot, Lao Chang secretly asked a lawyer. The lawyer said that Lao Chang's matter was nothing serious and did not constitute a crime.

The reason given by the lawyer is: the owner of the Audi is Lao Chang. Although Lao Chang openly drove away the Audi car parked in the parking lot of the pawn shop and kept in the parking lot, he drove away after all. It was his own car, not other property. Therefore, his behavior did not have the subjective purpose of illegally possessing other people's property, so Lao Chang's behavior was not a criminal act. "Cheng Xiangyu took over the conversation and said.

“Yes, when the lawyer said I didn’t commit a crime, I didn’t take it seriously.

But when I later asked someone about it, the police station actually opened a case and has been looking for me. I thought to myself, if this didn't constitute a crime, why did the police station come to me and accuse me of robbery? So I have a bit of a bad temper in my heart. Chang Guang said.

"Well, I think differently from the previous lawyer. I think Mr. Chang's behavior constitutes a crime." Du Yong said.

"Why?" Chang Guang looked at him doubtfully. He always believed that he did not commit a crime, although he was a little shaken in his heart.

Cheng Xiangyu also looked at Du Yong, and Cheng Du listened without saying a word.

"Let me explain to you, the crime of robbery refers to the act of taking advantage of others' unpreparedness and openly seizing a relatively large amount of public or private property for the purpose of illegal possession.

"Illegal possession" here, understood from the nature of the behavior, includes not only the illegal possession of other people's property, but also the possession of property owned by oneself but under the legal supervision of others (that is, the legal possession of others) through illegal means, thereby causing the supervisor ( the lawful possessor) suffered property damage. Specifically:

Forcibly possessing property that has been pledged to others is illegal possession. After the chattel is pledged, although its ownership does not change due to the pledge, the right to possess the pledged property is transferred from the pledger (Mr. Chang) to the pledgee (pawn shop) .

The pledgee then entrusts a third party to exercise its legally acquired right of possession. As in this case, the pawn shop entrusted the parking lot to keep the pledged object - the Audi car - on its behalf.

Before the pledge relationship is extinguished, the pledger cannot infringe upon the possession rights of the pledgee or a third party, that is, it cannot forcibly change the possession status. Otherwise, even if it obtains possession of the pledged property, it cannot deny its ownership of the pledged property. illegality of possession.

In this case, although Mr. Chang still enjoyed ownership of the pledged object involved in the case, the Audi brand car, his possession was transferred to Oriental Parking Lot by the pledgee, Zhongbang Pawn Shop, and the parking lot obtained the legal possession of the pledged car. .

In this case, Mr. Chang’s ownership of the car was incomplete and he could enjoy the rights to the proceeds of the pledged property, but he could not actually possess the pledged Audi car.

Whether the pledgee (pawn shop) owns the Audi car himself or a third party (parking lot) entrusted by the pledgee takes possession of the car, they should be protected by law.

Forcing Mr. Chang to drive away the Audi car will inevitably change the possession relationship, which will definitely benefit himself and cause the pledgee or a third party to suffer economic losses. Therefore, this kind of illegal possession behavior should be prohibited by law, and because of the social harm If the sex ratio is large, it will be included in the scope of criminal law. "Du Yong explained.