Lawyer's character

"On the contrary, I think it is more dangerous for minors to hold knives. Adults may have some restraint and will not kill easily. But it is hard to say for minors. They are just a powder keg. You never know when the blood will get to you. Regardless of the random stabbing, it’s really life-threatening! There is a lot of energy." Lee Myung-bak retorted.

"Well, what you are talking about is a practical issue, but those theoretical people who have never had a fight in their lives don't think so. Otherwise, why would the rule of law require the contribution of lawyers." Du Yong said with a smile.

"Well, I understand what you mean. We are people fighting on the front line of the law. As the saying goes, we have the best experience of whether the law is fair and unfair, and whether it is just or not. That is why we are qualified to promote the progress of the rule of law. "Li Mingbo was startled, then he immediately came to his senses and replied.

"These are all digressions. Now that there are judicial interpretations and various regulations, we have to follow the rules. Back to the topic we just talked about.

The second question is about the identification of ‘a small amount of property’.

The standard for judging a small amount of property can refer to the standard for a larger amount of theft, with property worth less than 1,000 yuan as the standard.

But this does not mean that using mild violence to rob property worth more than 1,000 yuan will definitely be considered a crime of robbery. It must not be a one-size-fits-all approach.

According to the "Interpretations on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Picking Quarrels and Provoking Trouble", forcibly taking public or private property worth more than 1,000 yuan is also one of the criteria for conviction of the crime of picking quarrels and provoking troubles.

The third question is the standard for conviction of the crime of picking quarrels and provoking trouble.

Taking other people's property by force constitutes the crime of provoking trouble, and the circumstances must be "serious."

The "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Picking Quarrels and Provoking Trouble" clearly stipulates the standard of "serious circumstances":

1. Forcibly taking public or private property worth more than 1,000 yuan;

2. Repeatedly taking public and private property by force, causing negative social impact;

3. Forcibly taking the property of mentally ill persons, disabled persons, vagrants and beggars, the elderly, pregnant women, and minors, causing adverse social impact;

4. Causing serious consequences such as mental disorder or suicide in others;

5. Seriously affecting other people’s work, life, production, and business operations;

6. Other serious circumstances.

However, the above explanation does not distinguish between adults and minors. In my opinion, minors should be treated differently from adults when applying the above provisions. " Du Yong said.

"In this case, the defendant in this case repeatedly robbed minors of their money, causing a certain negative social impact. The circumstances are serious and should constitute the crime of picking quarrels and provoking trouble!" Lee Myung-bak's newly raised hopes were suddenly shattered.

"Yes.

The crime registered by the public security organs in this case was robbery, but the crime charged by the procuratorate was changed to the crime of seeking an opportunity to cause trouble. The charges were inconsistent. But I personally think that the charges identified by the prosecutor's office are correct.

First of all, in this case, the two defendants are both men of about 20 years of age and less than 29 years old. According to the provisions of the "Two Robbery Opinions", when a man of about 40 years of age uses or threatens to use slight violence to rob a small amount of property, it is generally punishable by law. It is not appropriate to be convicted and punished for robbery.

Judging from the intensity of the violence and threats used by the defendant, the defendant committed eight crimes in total, 3 of which were committed with daggers and intimidation. The remaining few did not use daggers, but used threats, intimidation, or punches and kicks. The crime was committed by kicking, and there was no personal injury to the victim, so it can be regarded as minor violence.

Judging from the amount of robbery, the two defendants committed eight crimes and robbed less than 200 yuan in total. The amount was relatively small and could be considered as a robbery of a small amount of property. Therefore, it is not appropriate to convict and punish the defendant for robbery.

Secondly, from a subjective analysis, the two defendants had the motive of provocation. Judging from the time and place of committing crimes, 3 of the 8 crimes committed by the defendant occurred during the day. And he chose to commit crimes in the same place many times.

Thirdly, from the perspective of the crime targets, the victims in this case are all men who are under the age of Po Gua, and their usual routes are relatively fixed. The identity of the victim who is under the age of Po Gua means that it is impossible for him to carry a large amount of property, and it is impossible to rob a large amount of cash. .

Finally, coupled with the problem of the defendant’s living environment and the defendant’s purpose of robbing money to vent his anger, it reflects that the defendant does not only illegally possess property, but has the tendency to bully the weak, seek mental stimulation, and act violently. Motive for provocation.

In this case, the defendant's behavior of taking property from a dissatisfied man seriously disrupted the social order around X Park. It is considered a "serious circumstance" and meets the conditions for the crime of picking quarrels and provoking trouble. The two defendants should be held accountable. criminal responsibility. " Du Yong said.

After Li Mingbo and Du Yong left the office, they returned to their work stations.

Li Mingbo did not expect that not only Fang Yi but also Du Yong's professional ability was not bad in the team. It seems that their fame is not accidental, but the result of long-term accumulation. Sure enough, there are no weak soldiers under a strong general.

…

Early the next morning, Du Yong and Cheng both went to the detention center to meet with Lu Ye.

Lu Ye is about 1.75 meters tall, with fair skin and somewhat handsome appearance. He doesn't look like his father or mother. He is tall and tall, and the greenness on his face has not yet completely faded.

At this time, Lu Ye was a little depressed, with dark circles under his eyes and his eyes were dull.

Under Du Yong's questioning, Lu Ye trembled his lips and told the incident intermittently, which was basically similar to what his parents said, but more detailed.

"What's her name? I mean her name?" Du Yong asked.

"Yan Xiaxia, her name is Yan Xiaxia." After Lu Ye raised his head and finished speaking, he lowered his head again.

"Remember carefully... how many times were there?" Du Yong asked calmly.

"Four times..." After being imprisoned in the detention center, Lu Ye kept recalling the past. The whole incident was already familiar to him, so when Du Yong asked, he said it without thinking.

"When did you know that she was in the year of cardamom?" Du Yong then asked.

"On New Year's Day, I asked her to go see a movie. While we were waiting to watch the movie, the topic came up for some reason, and then I found out her true situation. She also showed me a lot of old photos. , I didn’t take it seriously at the time." Lu Ye recalled.

"That's when you learned the real situation?" Du Yong looked at him.

Lu Ye nodded and said, "Well, she didn't mention it to me before, and I didn't think about it. Really! What I told is the truth. I'm like this, so there's no need to lie to you."

He seemed a little excited, with tears in his eyes.

Du Yong's eyes were full of doubts, and he obviously didn't believe his words.