Lawyer's character

"The prosecutor believes that the defendant Liu Qiaoling knew that the Toyota car involved in the case was seized by the public security organs in accordance with the law, and used secret means to drive away the car without completing legal procedures, indicating that she had the purpose of illegal possession subjectively, and the defendant's behavior was consistent with theft. The criminal composition of the crime should be considered as the crime of theft. Over." said the male prosecutor.

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

"I believe that my behavior does not constitute the crime of theft. The Toyota car belongs to my family. Later, the public security organs also determined that the vehicle was my family's legal property and returned it.

I was confused and drove away the impounded Toyota car because the bank was pressing too hard on the debt and wanted to sue me. I have never done anything illegal before, and I have always been a good citizen..." Liu Qiaoling said all the good words she could think of.

"The defender expressed his defense opinion," the male judge said.

"The defender believes that the defendant Liu Qiaoling transferred the impounded vehicle after the public security organ clearly informed her that the vehicle was seized in accordance with the law. After that, Liu Qiaoling did not claim compensation from the judicial authority for the loss of the vehicle, nor did she receive compensation from the judicial authority. , it can be seen that he has no subjective purpose of illegal possession. All he wants is to take back the property that he legally owns and has been seized by the judicial authorities in accordance with the law. His behavior does not constitute the crime of theft. Over." Fang Yidao.

"The prosecutor can respond to the defender's defense opinions." the male judge said.

“The prosecutor believes that no matter where and how the defendant Liu Qiaoling used the stolen vehicle, in the final analysis she used illegal means to drive away the vehicle that was seized by the public security organs in accordance with the law for her own personal gain, and she subjectively possesses it illegally. Purpose.

The defendant's act of stealing his vehicle that was impounded by the judicial authorities violated two crimes at the same time, namely the crime of theft and the crime of illegally disposing of seized property. He should be dealt with in accordance with the principle of imaginary competing crimes, that is, he should be treated as the crime of theft. "The male prosecutor said.

"The defender can respond to the prosecutor's opinions." the male judge said.

“The defender believes that the vehicle involved in this case was purchased jointly by the defendant Liu Qiaoling and her husband, and the two have ownership of the vehicle.

According to the provisions of Article 143 of the Criminal Procedure Law, if the seized property is found to be irrelevant to the case, the seizure shall be lifted and returned. Article 369 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" also stipulates that if the seized property is legally owned by the defendant, it shall be returned to the defendant in a timely manner after compensating the victim's losses and executing the property penalty. people.

It can be seen from the above provisions that the ownership of vehicles seized by judicial authorities in accordance with the law has not changed and still belongs to the original owner. The public security organs only have legal possession rights in accordance with the provisions of the law.

The vehicle involved in this case was property jointly owned by the defendant and his wife, but it could become the target of theft while it was in legal possession and control by the judicial authorities.

Although the vehicle involved in the case could be the target of theft by the defendant Liu Qiaoling, it does not mean that the defendant's behavior constitutes the crime of theft.

The criminal constitution of the crime of theft requires that the perpetrator must have the subjective purpose of illegal possession. Therefore, whether it constitutes the crime of theft depends on the subjective purpose of the perpetrator.

In this case, Liu Qiaoling used illegal means to retrieve her vehicle that was seized by the public security organs in accordance with the law. Whether it constitutes the crime of theft must be based on her subjective purpose and cannot just look at the appearance.

First of all, after the public security organs seized the vehicle involved in the case in accordance with the law, the bank collected the car loan and prepared to prosecute the defendant. It was only after the defendant Liu Qiaoling learned about it that she had the idea of ​​illegally taking back the vehicle. Therefore, the direct purpose of the defendant transferring the vehicle involved was to repay the bank. loan and not for illegal possession of the vehicle.

Secondly, this case does not belong to a situation where the owner of the seized, impounded and frozen property secretly stole the seized property for the purpose of obtaining compensation afterwards. The defendant did not seek compensation from the public security organs, and there was no evidence to prove it in the evidence provided by the prosecutor. The defendant Liu Qiaoling had the purpose of illegal possession, and Liu Qiaoling took back the vehicle in accordance with the law after the incident.

Therefore, there is no evidence in this case to prove that the defendant Liu Qiaoling had the purpose of illegally possessing the vehicle involved, and the behavior of the defendant Liu Qiaoling did not constitute the crime of theft. complete! "Fang Yi said.

Fang Yi deliberately avoided mentioning the crime of illegally disposing of seized property because Liu Qiaoling had made such a request during the last meeting before the trial, and she still had a trace of luck in her heart. As the old saying goes, you can’t help but be exhausted and achieve nothing. Since the client made such a request, Fang Yi could only comply, unless he did not want to earn her legal fees.

"Public prosecutor, do you want to consider changing the charge? Judging from the current evidence and the trial situation, there is insufficient evidence for the crime of theft." The male judge looked at the case file and thought for a while, then looked at the prosecutor.

"We believe that the charges are appropriate and do not need to be changed." The male prosecutor said confidently.

Seeing that the prosecutor's opinion was very firm, the judge couldn't say anything, so he had no choice but to continue the trial...

"In the case of the defendant Liu Qiaoling, which was prosecuted by the County People's Procuratorate, this collegial panel held a court hearing, conducted court investigation and court debate, and listened to the prosecutor's accusations, the defendant's opinions, the defendant's defense and statement, and the defender's defense opinions, The court hearing is over. Now adjourn. Take the defendant out of the court." After the judge finished speaking, the gavel fell and he exited the court.

Anyone in the courtroom who is not a fool can see the judge's attitude towards this case, and Liu Qiaoling feels that she is sure of victory. But Fang Yi is not so optimistic. The judge did not pronounce the verdict in court and is likely to ask for instructions in the next court to punish Liu Qiaoling according to the crime of illegally disposing of seized property.

In a blink of an eye, it was the end of August. Cao Xiaohui took Fang Anzhi to the Experimental Middle School to report, and Fang Yi also followed. After completing the admission procedures, Fang Yi treated the two of them to a big meal.

Cao Xiaohui has been working in the city for a month. The company's headquarters is on the eighth floor of Mongkok International. It is said that it occupies half of the floor. Her salary should have doubled several times, and her bonus at the end of the year is not a small amount. She is a proper elite. person.

To make it easier for Fang Anzhi to go to school, she rented a two-bedroom apartment near the Experimental Middle School. It is said that the company will provide monthly rental subsidies to senior executives. Cao Xiaohui basically cannot afford much money for renting a house. My life has become more and more bourgeois.

Look at others, and then think about yourself, although the income has increased a lot, but... the gap is not small. Fang Yi's waist that he just straightened up is bent again.

A week later, Fang Yi received a call from the county court. Liu Qiaoling's case was decided and he was asked to go over and get the judgment. Fang Yi wanted the court to mail the criminal judgment to the court, but the other party said that this service was not provided and that he had to go there to collect it. . Fang Yi had no choice but to go to the county court.