Lawyer's character

"The next question is from the defender of the appellant Xiao Song," the presiding judge said.

"Okay, presiding judge. Xiao Song, what were you wearing when the crime occurred?" Fang Yi asked.

"It was summer and the weather was hot, so I wore jeans and a big white vest." Xiao Song said.

"What was the victim's reaction when he heard that you were from the police station?" Fang Yi asked.

"He was shocked at the time. Later, when he saw that I was not wearing a police uniform and smelled of alcohol, he asked me to get my ID. I didn't have an ID, so he kicked him down." Xiao Song said.

"Did you have anything in your hand when you committed the robbery?" Fang Yi asked.

"I didn't take anything. I had two more drinks with some friends that night. It was already very late when I got home. When I passed by the woods next to the park, I knew that there were people doing deals, the kind of unethical deals. I just want to go in and scare them and get some money." Xiao Song said.

"During the robbery, did the victim resist?" Fang Yi asked.

"He kicked me and tried to run away, but I finally pushed him to the ground," Xiao Song said.

"How did you get arrested later?" Fang Yi asked.

"I was walking on the street, and suddenly the police arrested me. Later I found out that the victim called the police," Xiao Song said.

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

"The following is the presentation of evidence and cross-examination. Do the prosecutors, defenders, and appellant have any new evidence that needs to be submitted?" the presiding judge asked.

"No." All three parties said.

…

“The court investigation is over and now the court arguments will begin.

Before the debate, the court drew the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

First, the appellant Xiao Song will defend himself. "The chief judge said.

"During the robbery, I only verbally claimed that I was from the police station and did not wear any insignia of police identity. The first instance found that I impersonated a police officer to rob, which was a misjudgment..." Xiao Song said.

"Appellant Xiao Song's defender has spoken," the presiding judge said.

"The defender believes that in accordance with the principle of consistency between subjectivity and objectivity, the conditions for identifying "pretending to be a military and police officer to commit robbery" should not be too broad, but should be based on the general understanding of the public.

Specifically in this case, the appellant Xiao Song only verbally claimed that he was a policeman from the police station. The victim had doubts about his identity when he was robbed. After that, he waited near the crime scene many times to capture the defendant. It can be seen that the victim did not believe that the appellant Xiao Song was a police officer.

The court of first instance found that the appellant Xiao Song had "pretended to be a military and police officer to rob" because he only verbally claimed that he was from the police station, and then sentenced him to a fixed-term imprisonment of more than ten years. The punishment was obviously inappropriate for the crime.

In summary, the defender believes that the aggravating circumstance of "pretending to be a military and police officer to rob" should not be applied to this case, and the sentence should be between three years and less than ten years in prison. complete. "Fang Yi said.

"The prosecutor will now speak," the presiding judge said.

"Presiding judge, judge, we believe that the determination of "pretending to be a military and police officer to commit robbery" should be understood literally, as long as the following two conditions are met:

The first condition is that the perpetrator has committed a robbery crime, and the second condition is that the person has the intention to impersonate a military police officer during the robbery crime, regardless of whether the impersonation is enough to make the victim or others believe that he is a military police officer.

Specifically in this case, the appellant Xiao Song claimed that he was a policeman and robbed the victim's property with the threat of violence. His behavior should fall under the aggravating circumstances of "pretending to be a military and police officer to rob" as stipulated in Article 263 of the Criminal Law, and should be Sentencing of more than ten years in prison. The court of first instance imposed an appropriate sentence and requested the court to reject the appellant’s appeal. "The female prosecutor said.

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

"Okay, regarding the defender's defense, we mainly express the following opinions: First of all, "pretending to be a military and police officer to rob" should not be interpreted in a restrictive manner. It should be interpreted according to its literal meaning to combat crime to the greatest extent and protect people's property. Safety.

In addition, the appellant Xiao Song’s behavior of impersonating a police officer and robbing caused damage to the image and reputation of the police and should be severely punished. complete. "The female prosecutor said.

“The defender can respond to the prosecutor’s statement,” the presiding judge said.

“Based on the prosecutor’s opinions and responses, the defender issued the following defense opinions:

First, from the perspective of criminal law hermeneutics, several parallel provisions in a legal provision should be interpreted similarly.

According to Article 263 of the Criminal Law, the crime of robbery protects the dual objects of public and private property ownership and citizens’ personal rights. The more serious the object is infringed, the heavier the punishment the perpetrator deserves.

Among the eight aggravating circumstances for the crime of robbery stipulated in the appeal clause, "robbery causing serious injury or death" and "robbery involving a huge amount" directly reflect the seriousness of the infringement on the object, which has considerable social harm and must be severely punished in accordance with the law. .

According to similar interpretation rules, the social harm of the other six aggravating circumstances should also be roughly equivalent to them. However, in reality, the literal meaning of the other six aggravating circumstances is too broad. Although some behaviors may appear to meet the requirements of aggravating circumstances, they are indeed not harmful to society. Therefore, the defender believes that it is necessary to restrict the interpretation and narrow its meaning.

For example, for "robbery on public transportation", the judicial interpretation sets two requirements: first, it requires a motorized public transportation vehicle in operation; second, it requires robbery against passengers, drivers, and flight attendants. It cannot be applied literally.

It can be seen that "pretending to be a military and police officer to rob" should not only be seen in its literal meaning, but also in its essence. Specific to this case, the appellant Xiao Song only verbally claimed that he was from the police station. Compared with wearing police uniforms or showing police ID to make people mistake him for a police officer, the social harm is less and is no different from ordinary robbery.

Second, from the perspective of legislative purposes, "pretending to be a military and police officer to rob" is regarded as an aggravating circumstance for punishment. This is mainly due to the fact that this behavior has seriously damaged the image and reputation of the military and police, and is made out of the maintenance of the good image of the military and police. this provision.

However, in reality, not all behaviors of impersonating police officers and soldiers can truly achieve the effect of impersonation, causing damage to the image of soldiers and police officers. Sometimes the perpetrator's clumsy "performance" is seen through on the spot, and the victim simply does not believe the perpetrator's pretended identity as a military policeman, let alone the mental coercion of the victim through "impersonation". After the perpetrator fails to impersonate, he can only rely on violence. achieve its criminal purpose.

In this case, the impersonation did not play a substantial role in promoting the entire robbery crime, and the impersonation did not cause damage to the image and reputation of the military and police. If it is universally recognized as "robbery by impersonating military and police personnel", it is obviously inconsistent with The legislation is inconsistent with its original intention.

In this case, the behavior of the appellant Xiao Song fell into the above situation. He claimed to be from the police station, but the victim did not believe him and asked him for his ID. Because he failed to achieve the effect of impersonation, Xiao Song resorted to violent means to rob property.

Third, the Criminal Law sets out the statutory aggravating circumstances of "pretending to be a military and police officer to commit robbery" and sets a severe penalty of more than ten years in prison, indicating that the social harm of this behavior is more serious than ordinary robbery crimes.

In addition to damaging the image and reputation of the military and police, the act of posing as a military and police officer to rob also causes the victim to lower his awareness of defense and dare not resist, or lose the best opportunity to resist, when he mistakenly believes that the other party is a military or police officer. This kind of robbery is more harmful to society than ordinary robbery.

In this case, the appellant Xiao Song's performance was so clumsy that his act of "impersonating" a military and police officer was not recognized by the victim at all, and the victim did not think he was a police officer. It can be seen that the social harm of Xiao Song's robbery behavior is no different from that of general robbery. In this case, the court of first instance increased the punishment for "robbery by impersonating military and police personnel" and sentenced Xiao Song to more than ten years in prison. , the sentencing was unusually severe and the crime and punishment were inappropriate.

To sum up, the appellant Xiao Song claimed to be a plainclothes policeman from the police station during the robbery. Although he pretended to be a military police officer, he only verbally claimed to be a policeman and was neither wearing a police uniform nor driving a police vehicle. Or use police equipment, etc., and do not show police ID. With ordinary people's recognition ability, their false identities can be easily seen through.

According to the case file materials provided by the prosecutor, after the incident, the victim went to the scene of the crime every night, trying to catch Xiao Song who committed the robbery. It can also be seen that the victim did not believe that Xiao Song was a policeman at the time of the incident. , Xiao Song's impersonation behavior obviously did not reach the extent and effect it should have, nor did it damage the image of the police. The social harm is no different from ordinary robbery, and should not be regarded as "robbery by impersonating military and police personnel." Please ask the court to change the sentence in accordance with the law. complete. "Fang Yi said.

(In order to unify the judgment standards, the "Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery" promulgated by the Supreme Court on January 6, 2016 clearly stipulates that when determining "robbery by impersonating military and police personnel", attention must be paid to the conduct Whether the person is wearing a military or police uniform, carrying a gun, or showing a military or police ID will be comprehensively reviewed to determine whether it is enough to make others mistakenly believe that he or she is a military or police officer.

If the perpetrator only wears uniforms similar to military police or only declares in words that he is a military police officer but does not carry a gun or show a military police ID and commits a robbery, the specific circumstances of the robbery location, time, violence or threat shall be considered. Ordinary people's judgment standards determine whether it is considered "robbery by impersonating military and police personnel."

Interested book friends can check the above guidance. )

Some people in the auditorium were happy and some hated it. Teacher Xiao and his wife felt that Fang Yi was talking a lot. Although they couldn't understand it, they felt that Fang Yi was working very hard, and the other lawyer recognized it in their hearts.

The victim's friends secretly scolded Fang Yi for being meddlesome, defending robbers, being immoral, and giving birth to a child without an asshole. It's a pity that their wishes could not be realized.

"The court debate is over. According to the provisions of Article 160 of the Criminal Procedure Law of the People's Republic of China, the appellant will now make the final statement. The appellant Xiao Song will make the final statement." The presiding judge said.

…

"The court will be adjourned for ten minutes, and the verdict will be announced in court after the collegial panel's deliberations. Please ask the bailiff to take the defendant out of the court." As the gavel in the hands of the presiding judge fell, the trial ended.

Ten minutes is not long. Teacher Xiao and his wife sitting in the auditorium looked at their watches from time to time and counted the time. At this time, their emotions were very complicated. They were afraid of the arrival of the final sentencing moment, but also wanted the judge to pronounce the sentence as soon as possible to end the suffering in front of them.

The sound of the gavel sounded. Teacher Xiao and his wife stood up with everyone, then sat down, and then looked forward.

“…The court will now continue and the bailiff will be asked to bring the appellant Xiao Song to court.

The collegial panel has reached a verdict after deliberation in this case. In response to the opinions of both the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

...The appellant only verbally claimed that he was a policeman from the police station. The victim became suspicious of his identity and waited at the crime scene many times. The appellant Xiao Song was finally captured. This shows that the victim did not believe that the appellant Xiao Song was a policeman. Under this circumstance, the court of first instance believed that Xiao Song had "pretended to be a military and police officer to rob" and imposed a penalty. It was obvious that the punishment was inappropriate for the crime, so it accepted the appeal grounds of the appellant Xiao Song and his defender.

In accordance with Article 225, Paragraph 1, Item 2 of the Criminal Procedure Law of the People's Republic of China, Article 263, Paragraph 1 of Article 25, and Paragraph 65 of the Criminal Law of the People's Republic of China. According to the provisions of paragraph 1 and 52 of the article, the judgment is as follows: 1. The criminal judgment No. 34 of the district court is revoked; 2. The appellant (defendant in the original trial) Xiao Song was guilty of robbery and was sentenced to six years in prison and punished Five thousand yuan in gold..."

After hearing the verdict, Fang Yi breathed a sigh of relief. The sentence was changed from eleven years to six years. This result should be something he can explain to Teacher Xiao.

After the verdict was announced, Mr. Xiao and his wife in the auditorium did not appear excited, but tears were streaming down their faces. The two stood up and stared closely at their son who was being taken out of the court.

The moment Xiao Song left the court, he saw his elderly parents. There was reluctance and regret in his eyes, mixed with some complicated emotions. After the court door was opened, he took a look at his parents and said, He was taken out of the court by bailiffs.

"Lawyer Fang, thank you." Teacher Xiao whispered at the door of the court.

"Go back, he will be sentenced to six years in prison. If Xiao Song behaves well, he may be able to commute his sentence and be released early. You must take care of your health and don't be too sad." Fang Yi advised.

"Well, I used to scold him and hate him every day, but he was really sentenced, so I kept thinking about him in my heart, ugh!" Teacher Xiao sighed, as if he had aged a lot, and then he helped his wife out of the court.

Fang Yi turned his head and saw that everyone in the auditorium looked at him with unkind eyes, and his heart tightened. Could it be that these guys wanted to take revenge on the lawyer? Thinking of this, he hurriedly hailed a black car using the mobile app. After everyone had left, he hurried downstairs and took the black car back to the law firm.

February has begun, here are 10,000 words! Please ask for monthly votes, recommendation votes, and collections!

Without further ado, here are five more chapters today! I bow to all my book friends! Thank you for your great support!