Lawyer's character

"...Li Jicai, without the consent of the victim Li Gui, took away Li Gui's scalpers and used them for his own farming. This behavior constitutes the crime of theft. However, this court believes that the circumstances of Li Jicai's crime are minor. It may be dealt with leniently as appropriate. It is recommended that the defendant be sentenced to three months' detention and five months' probation. Over." said the prosecutor.

"The defendant defends himself," the presiding judge said.

"I plead guilty..."

Li Jicai didn't know what probation meant. He only knew that he wouldn't have to go to jail and could go home and continue farming. As for whether it would leave a stain on his resume, he didn't care, because it was the same to him. His whole life was to sow, reap, then sow again, and reap again. The only thing he fears is the gossip of the villagers.

"The defender will give his defense opinion next," the presiding judge said.

“Dear presiding judge and judge: The defense opinion of the defender is as follows:

The defender believed that the defendant Li Jicai had no intention of illegally possessing other people's property and did not constitute the crime of theft. The reasons are as follows:

1. The defendant Li Jicai was eager to plow the land and needed oxen, but he did not have any oxen at home. Under such circumstances, he accidentally discovered that there was an ox raised by someone else on the roadside in a neighboring village, so he took it back to his home and used it for plowing.

From this point of view, the defendant's purpose of taking the cattle was to plow the fields from beginning to end, and he did not want to take other people's cattle as his own.

2. Judging from the methods implemented by the defendant Li Jicai, although the defendant did not greet the owner of the cow, he did not dodge when he led the cow home. Instead, he led the cow home along the road.

It is obvious that the defendant did not use concealment methods when taking the cow, nor did he have any intention of not letting the owner discover it. Moreover, the defendant always wanted to return the cattle to their original location after plowing the fields, which also shows that it does not meet the objective requirements for the crime of theft.

The defendant's behavior can only be described as unauthorized use of other people's private property for his own personal use, without the purpose of possessing other people's property.

In summary, in this case, the defender believes that defendant Li Jicai’s behavior does not constitute the crime of theft. complete. "Fang Yi said.

"The prosecutor can comment on the defender's defense opinions," the presiding judge said.

"As to whether the defendant Li Jicai had the purpose of illegal possession, the prosecutor believed that the defendant had stolen the cattle without the consent of the owner and kept the cattle under his actual control, which had the purpose of illegal possession and constituted the crime of theft.

Even if the scalper is returned to the owner in the future, the theft has been completed, and the return of the scalper can only be used as a reference for sentencing, but not as a criterion for judging whether the scalper has the purpose of illegal possession. complete. "The prosecutor said.

“The defender can speak in response to the prosecutor’s opinions,” the presiding judge said.

“The defender believes that the situation in this case is different from the general situation of returning property after theft.

In this case, the defendant Li Jicai did not have the purpose of taking possession of the cows for his own purposes from beginning to end, but only wanted to borrow them. Because he was afraid that the owner of the cattle would not agree, he took the cattle privately and used them for plowing, and returned them immediately after use.

Judging from the defendant's past experience, the defendant is just a simple farmer with no criminal record. He has always been concerned about whether his land can be cultivated smoothly. He does not care whether the cattle will be discovered by the cattle owner, and he has never thought about hiding them. The whereabouts of scalpers.

In general theft cases, the defendant secretly steals public and private property in order to avoid being traced by the victim and keep the stolen property as his own. In this case, once the crime of theft is completed, even if the property is returned in the future, it can only be used as a reference for sentencing.

Therefore, the defender believes that the defendant in this case is not guilty of theft. complete. "Fang Yi said.

…

“The County People’s Procuratorate prosecuted the defendant Li Jicai’s theft case. After a hearing, this collegial panel conducted court investigations and court debates, and listened to the prosecutor’s accusations, the defendant’s opinions, the defendant’s defense, statements, and the defender’s defense. opinion, the court hearing is over.

The court will now be adjourned for ten minutes, and the collegial panel will conduct deliberations, and the verdict will be announced in court later. Take the defendant out of the courtroom. "The chief judge said.

Judging from the court hearing, the judge's attitude was unclear. The procuratorate insisted that the theft constituted a completed theft and only agreed to a lighter sentence. The defendant was not very cooperative with the defender and admitted all the criminal facts and charges. Fang Yi was a little unsure as to how the three judges of the collegial panel would sentence him.

Ten minutes later, everyone stood up, and the three judges of the collegial bench entered the courtroom and took their seats.

The presiding judge cleared his throat: "...This court believes that defendant Li Jicai's behavior is not enough to constitute the crime of theft. The verdict is as follows: defendant Li Jicai is not guilty."

Fang Yi finally let go of his hanging heart and showed a victorious smile. Xie Youhe beside him smiled and patted his shoulder without saying a word, his eyes full of the excitement of victory.

After accepting the thanks from their family members, Fang Yi and Xie Youhe left the court. It's not dark yet, and the tired Sun seems to be afraid of being seen. He is secretly hiding behind the mountains to the west, preparing to take a lazy nap.

Fang Yi felt very tired. He looked at the time and saw that he no longer needed to go back to the law firm. He turned to look at Xie Youhe: "Lawyer Xie, what are your plans for the evening?"

He felt that Xie You and this person were pretty good apart from being a bit off-putting, having more spins in their heads, and being a bit more sophisticated. This person was quite reliable in doing things. Anyway, it was time for dinner, and he wanted to eat too, so he was going to invite Xie Youhe went to Huihuang to take a bath and eat at the buffet.

Xie Youhe smiled: "Let's go home for dinner, what other arrangements can we make."

"Brilliant, let me ask you, I'm very tired every day, it's time to relax." Fang Yi said with a smile.

"Really? I've been to Huihuang that place several times. It's really good. It has food, laundry, accommodation, and entertainment all in one." Xie Youhe said with bright eyes.

"Of course it's true. Let's go. I'll take a taxi." Fang Yi said as he came to the roadside and held out his hand to stop the car.

In the brilliant VIP bathing pool, Fang Yi and Xie Youhe sat in the water with their heads exposed and eyes closed. The Chinese medicine water in the pool moistened every inch of their skin, taking away their fatigue. The water mist rising on the surface of the pool water, Soon they were sweating profusely.

Fang Yi felt extremely refreshed all over, and he kept twisting his body slightly in the pool. He opened his eyes slightly and looked at Xie Youhe opposite. The latter had a look of enjoyment on his face, closed his eyes slightly, and was leaning against the wall of the pool, humming a tune.

"Lawyer Xie, you are a very interesting person. You are cheerful every day and you never seem to have any worries." Fang Yi said with a smile.

"A day is spent worrying, and a day is spent laughing. If you want to be open-minded, what is the point of living so tiredly? I am just waiting for death in the way I like." Xie Youhe said with his eyes closed.