Lawyer's character

Seeing that Li Jicai's case was about to go to trial, Fang Yi and Xie Youhe went to the county procuratorate to communicate with the prosecutor about the case and try to persuade the prosecutor to withdraw the case. But Fang Yi kept talking for more than half an hour, and the other party was like a stone, indifferent at all. There was nothing they could do, so they left in good spirits and returned disappointed.

Li Jicai's case finally went to trial. At 3:30 in the afternoon, in the third courtroom of the county court, Fang Yi sat at the head of the defense table, preparing case files and defense opinions. Responsible for the cross-examination process.

Sitting opposite the prosecutor's bench were a male prosecutor and a young female prosecutor whom they had met before. They both looked relaxed, as if they were doing a routine business.

The presiding judge in this case is a curly-haired female judge in her forties, and there are two young male judges sitting next to her.

Fang Yi doesn't understand why a simple case needs to be heard by a collegial panel. Is the judge too busy?

…

"We are now conducting court investigation and asking the prosecutor to read out the indictment," the presiding judge said.

"...The defendant Li Jicai, male... was criminally detained by the County Public Security Bureau on suspicion of theft; with the approval of this court, he was arrested by the County Public Security Bureau on April 15, 2014.

The case was investigated by the County Public Security Bureau and the defendant Li Jicai was charged with theft and transferred to this court for prosecution on May 10, 2014. After accepting the case, this court informed the defendant of the right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment on June 3 of the same year. It interrogated the defendant in accordance with the law and reviewed all case materials.

After legal review, it was found that:

…The defendant Li Jicai, without Li Gui’s consent, took away the cattle raised by Li Gui on the roadside in the village by stealing them, hid them at home, and used them to plow his own fields. This behavior constituted a crime. Theft. The defendant Li Jicai was arrested by the police on May 10, 2014. After arriving at the case, he truthfully confessed the crime.

The evidence to establish the above facts is as follows:

1. Photos of stolen scalpers;

2. Testimonies of Li Qi and Li Feng;

3. Defendant Li Jicai’s confession and defense;

4. Value assessment report of stolen scalpers.

The above-mentioned evidence collection procedures are legal and the content is objective and true, which is sufficient to determine the facts of the accusation. The defendant Li Jicai had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court held that the defendant Li Jicai took away the cattle raised by Li Gui without the permission of the victim Li Gui, which constituted the crime of theft.

According to the provisions of Article 264 of the Criminal Law of the People's Republic of China, if the criminal facts are clear and the evidence is reliable and sufficient, he should be held criminally responsible for the crime of theft. The defendant Li Jicai pleads guilty and accepts punishment. According to the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China, he can be treated leniently. According to the provisions of Article 176 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is launched, please sentence...

Presiding judge, the indictment has been read out. "The prosecutor said.

"Defendant, did you hear clearly the indictment just read out by the prosecutor? What crime are you accused of? Do you have any objection to the criminal facts accused of you in the indictment? Do you have any objections?" asked the presiding judge.

Li Jicai, who was in the dock, was a bit hunched and looked older than his actual age. His skin was dark and red, and the skin on his face and hands was like tree bark. At a glance, it was obvious that he was facing a loess back. The villagers who look up to the sky.

Maybe it was the first time he went to court, or maybe he was nervous when he heard that he was going to be sentenced. Li Jicai shook his body slightly from time to time and kept swallowing, but kept silent.

The presiding judge repeated the previous question.

"Listen... listen clearly. I... didn't want to steal the cattle, I just wanted to... plow the land. My family still has a lot of land to plow... to plow..." Li Jicai looked up at the judge, with simplicity and pleading in his eyes.

"Defendant Li Jicai, do you agree with the prosecutor's accusation that you committed the crime of theft?" the presiding judge asked patiently.

"I agree,...I stole the cow." Li Jicai said hesitantly, then lowered his head.

Although Xie Youhe analyzed his charges when he met with him in the detention center and believed that they were not serious enough to constitute the crime of theft and were prepared to defend him not guilty, the police and prosecutors both said that his behavior constituted the crime of theft and that he confessed truthfully and had a good attitude. If so, the penalty may be reduced.

He was just an honest farmer. He was worried that he would miss the farming season, so he stole someone else's cow and took it home to cultivate the land. In his simple mind, this was "stealing". So he admitted it!

"The public prosecutor can interrogate the defendant regarding the criminal facts charged in the indictment," the presiding judge said.

"Okay, presiding judge." The prosecutor looked at Li Jicai: "Defendant Li Jicai, was there anyone around when you were leading the cows?"

"No." Li Jicai said.

"Do you know whose cow belongs to it?" asked the inspector.

"I don't know." Li Jicai said.

"Why didn't you go to the village and ask who owned the cow, and then borrow the cow from its owner to plow the land?" the prosecutor then asked.

"Everyone was farming at that time. If I had asked, they would definitely not lend me the cattle." Li Jicai was silent for a moment and said.

"Where did you take the cow?" the inspector then asked.

"Take it home, then take the farm tools and go to plow the land." Li Jicai said solemnly.

"Presiding Judge, the prosecutor has finished asking questions," the prosecutor said.

"Does the defendant's defender need to ask questions to the defendant?" The presiding judge looked at the defense table.

"I need to ask a question." Fang Yi said: "Li Jicai, what were you thinking when you took the scalper away?"

"I wanted to take the cows home to cultivate the land," Li Jicai said.

"Then, what to do with the cattle after plowing the land?" Fang Yi asked.

"Send the scalper back secretly," Li Jicai said.

"Why send it back?" Fang Yi asked.

"Because the cow belongs to others, not mine." Li Jicai answered honestly.

"When you led the cow back, did you take a small road or a big road?" Fang Yi asked.

"The main road is the cement road in the village." Li Jicai said.

"Aren't you afraid of being seen?" Fang Yi said.

"I didn't think about it, I just wanted to go back to plowing the land as soon as possible." Li Jicai hesitated and said.

"Presiding judge, the defender has finished asking questions." Fang Yi said.

"Now for the presentation and cross-examination of evidence, the prosecutor will give evidence first..." the presiding judge said.

…

According to the division of labor before the trial, Xie Youhe is responsible for the presentation of evidence and cross-examination. This is also to deal with the parties involved. If Xie Youhe appears in court and does not say a word, the family members of the parties and the villagers in the same village who are sitting and listening below will definitely have opinions. If the defendant is really found guilty. , maybe he will be angry with Lawyer Xie.

"The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate begins. The court debate mainly focuses on the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts. The prosecutor will speak first." The presiding judge said.