Lawyer's character

"What happened next?" The prosecutor's eyes were as sharp as a knife.

"Later, I climbed over the wall and entered her house, then pried open the door and entered the house. She was sleeping on the kang. Suddenly she woke up and saw me. I was afraid that she would call someone, so I rushed forward and covered her mouth with my hands. Later, I He choked her neck, covered her head with a quilt, and had sex with her. I really didn't mean to kill her..." Gao Qiang became more and more excited as he spoke.

"Why is the victim's gold ring in your hand?" the prosecutor asked.

"When she was struggling, I went to break off her hand and accidentally saw the gold ring, so I took it off and took it home." Gao Qiang said.

"Previously you confessed that after the rape was committed, you pulled it off her hand while she was lying motionless on the kang. Now you say you pulled it off during a fight. What happened?" The prosecutor said coldly. asked in a voice.

"I remembered it wrong before, but I recalled it again these days. I picked it off her finger during the fight." Gao Qiang said.

"What state was the victim in when you left?" the prosecutor asked.

"She...she was out of breath. I tried it with my hands and she wasn't breathing. I didn't mean it..." Gao Qiang looked at the prosecutor, his eyes full of fear.

"Presiding judge, we have finished asking questions," the prosecutor said.

"Does the defendant's defender need to ask questions to the defendant?" the presiding judge asked.

"A question needs to be asked." Fang Yi said: "Defendant Gao Qiang, for what purpose did you enter the victim's home?"

"I was drinking and just wanted to have sex with her. I didn't think about anything else," Gao Qiang said.

"Chief Approval, I'm done asking." Fang Yi said.

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around 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 chief judge said.

"Presiding Judge, Judge: We believe that the defendant sneaked into the victim's home under the influence of alcohol and used violent means to rape the victim, causing the victim's death. His behavior constituted the crime of rape; during the rape process, he forcibly took away the victim's gold ring. The defendant broke into a house and robbed someone, causing death, and should be punished for several crimes. We recommend that the defendant be sentenced to death. Over!" said the prosecutor.

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

"I was blinded by lard at the time. I shouldn't have gone to the little widow's house..." Gao Qiang confessed again. Unfortunately, he was not in a church but in a court, so this rhetoric had no effect.

"The defendant's defender expressed his defense opinion," the presiding judge said.

Fang Yi disagreed with most of the prosecutor's charges, but he disagreed with the prosecutor on the point of death caused by burglary.

"Presiding judge, judge: The defender has no objection to the prosecutor's charge of rape against the defendant. However, the defender has a different opinion about the robbery causing death. The defender believes that the defendant is very strong and does not constitute a robbery causing death. The reasons are as follows:

1. The purpose of the defendant's entry into the house was to commit the crime of rape, not robbery, so it cannot be regarded as "house robbery."

According to the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery", the illegality of the purpose of 'breaking into a house' is the key to determining a house-breaking robbery. Entering another person's residence must be for the purpose of committing a crime such as robbery. Although the robbery occurs indoors, if the perpetrator does not enter the residence of others for the purpose of committing crimes such as robbery, but temporarily intends to commit robbery indoors, it does not fall into the category of "house robbery."

According to the above provisions, the defender believes that the key to determining whether the defendant in this case constitutes "house robbery" lies in his purpose of entering the house.

In this case, the defendant Gao Qiang entered the victim's residence for the purpose of rape, which did not meet the requirements for home invasion robbery. Therefore, the defendant Gao Qiang's temporary intention to rob the victim's gold ring during the rape process could not be deemed as home invasion robbery. The reasons are as follows:

(1) According to the above opinions, "entering another person's residence must be for the purpose of committing crimes such as robbery" means that when someone is caught entering a house to commit theft, the perpetrator uses violence on the spot or uses violence to hide stolen goods, resist arrest or destroy evidence. If violence or violent coercion occurs indoors, it can be deemed as "house robbery."

According to the provisions of Article 263 of the Criminal Law, 'robbery at home' is an aggravating circumstance of punishment. In addition, according to the provisions of Article 269 of the Criminal Law, theft, fraud, robbery and other acts may be carried out under certain conditions. converted into robbery.

Therefore, only when the perpetrator enters the house for the purpose of robbery, or enters the house for the purpose of committing crimes such as theft, fraud, robbery, etc. and turns it into a crime of robbery, can it be deemed as "household robbery".

(2) The term ‘robbery and other crimes’ in the above opinions should not be understood as all crimes, but should only be interpreted as robbery and theft, fraud, robbery and other financial crimes.

The above opinions clearly stipulate that entry into another person's residence must be for the purpose of committing crimes such as robbery. It is intended to strictly define the conditions for home invasion and robbery. The entry for the purpose of committing robbery and other financial crimes will be distinguished from the entry for the purpose of committing other crimes. Households should be distinguished to achieve accurate characterization and balanced sentencing.

Because if no distinction is made, any act of breaking into a house with temporary intent to rob for the purpose of committing any crime will be punished as house-breaking robbery, and the perpetrator may be sentenced to more than ten years in prison, life imprisonment, or death. It is possible that the scope of "house robbery" stipulated in the criminal law will be infinitely expanded, which may easily lead to heavy sentences for misdemeanors.

In this case, after the defendant Gao Qiang was beaten by his daughter-in-law, he went to his sister's house for dinner, drank alcohol, and entered the house to commit rape. According to the on-site inspection and inspection records provided by the prosecutor, there was no robbery of other property at the crime scene, and the evidence in the case confirmed that the defendant only robbed a gold ring. This shows that Gao Qiang did not enter the house to rob for money. Therefore, the conditions for home invasion and robbery are not met.

(3) The prosecutor defined the defendant's entry into the house as a means of rape and robbery at the same time, which was a repeated evaluation of the same behavior.

The prohibition on multiple convictions or penalties for the same defendant for the same criminal act is a basic principle followed in the theory and practice of our country's criminal law. Its purpose is to prohibit repeated criminal law evaluations of the same behavior, protect the rights of the defendant, and achieve commensurate crime and punishment.

In this case, the defendant's purpose of entering the house with force was to commit the crime of rape. This act of entering the house should no longer be evaluated as a means of robbery. Otherwise, the home entry behavior will be deemed as rape and robbery respectively. This not only violates the principle of repeated evaluation, but also violates the principle of consistent subjective and objective conviction.

To sum up, the defendant Gao Qiang entered the victim's home with the purpose of committing rape, and during the rape process, he temporarily snatched the victim's gold ring. This behavior should not be regarded as 'house robbery'.

2. The death of the victim in this case was caused by the defendant’s violent rape, so it cannot be determined as robbery causing death.

According to the provisions of Article 263 (5) of the Criminal Law, "robbery causing death" shall be punished with a fixed-term imprisonment of more than ten years, life imprisonment or death.

In judicial practice, only when there is a causal relationship under criminal law between the robbery and the victim's death, and the defendant is criminally responsible for the victim's death, can it be determined as "robbery causing death."

According to the evidence provided by the prosecutor and the defendant's confession, the incident was that the defendant Gao Qiang entered the house and used violent means to subdue the victim, then had sex with her, and during the rape process, he snatched the victim's gold ring, which eventually led to the victim's death. .

According to defendant Gao Qiang's confession, he used violent means such as covering his head with a quilt, blocking his neck, and covering his mouth during the commission of the crime. The autopsy report also confirmed that the victim died of mechanical asphyxia due to external force squeezing the neck and mouth.

It can be judged from this that the violent behaviors such as head covering, neck strangulation, and mouth covering carried out by the defendant Gao Qiang in order to commit rape were the direct cause of the victim's death.

The defendant Gao Qiang's act of robbing the gold ring during the rape was a mild degree of violence. It can be seen that there is no criminal law causal relationship between the defendant's high-force robbery of the gold ring and the death of the victim.

To sum up, the defender believes that the defendant Gao Qiang committed rape and robbery in this case, but it did not constitute a house-breaking robbery that caused death. After being brought to justice, the defendant Gao Qiang truthfully confessed, pleaded guilty and accepted punishment, and showed remorse. He asked the court to give him a lighter punishment. . complete. "Fang Yi said.

Although he was deeply reluctant, as the defender of the defendant Gao Qiang, Fang Yi still proposed a lighter punishment to the court.

…

After the trial ended, everyone was waiting for the final verdict. Ten minutes later, members of the collegial panel entered the court.

“…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 makes the following comments:

...The defendant's high-power behavior constituted the crime of rape and robbery respectively. The crime was egregious, the consequences were serious, and it was harmful to society. He should be punished for several crimes. The facts of the crime charged by the public prosecution against Gao Qiang are clear, the evidence is reliable and sufficient, and the conviction is accurate.

Regarding Gao Qiang's defense opinion that Gao Qiang's behavior did not constitute a home invasion robbery, after investigation, Gao Qiang entered the victim's room to commit rape, not robbery. Forcibly taking away the gold ring from the victim's hand was the defendant's impromptu intention during the rape. Based on the criminal law principle of consistency between subjectivity and objectivity, this defense opinion was adopted. The current legal ruling is as follows:

The defendant, Gao Qiang, was sentenced to death for rape and deprived of political rights for life; for robbery, he was sentenced to five years in prison and fined RMB 10,000. For both crimes, it was decided to execute the death penalty, deprive him of political rights for life, and fine him 10,000 yuan. "The presiding judge pronounced the verdict.

After hearing the verdict, Gao Qiang in the dock slumped directly onto his chair, his eyes straightened, and tears instantly flowed down his face. He didn't live enough!

When Fang Yi walked out of the court, Gao Qiang's daughter-in-law walked over quickly: "Lawyer Fang, how are you?"

"Sentenced! Death penalty!" Fang Yi looked at her and said.

With a "wow" sound, Gao Qiang's wife burst into tears. She covered her face with her hands and squatted on the ground crying.

Although her husband did shameless things that made her and her children unable to hold their heads up, they were a family after all, and they still had feelings after being beaten and scolded for a long time.

"Gao Qiang shouted in court that he wanted to appeal. I can draft an appeal for you, but..." Fang Yi hesitated. His original intention was: Don't waste money on hiring a lawyer for such a thing. There is no hope for a second trial.

Gao Qiang's wife nodded, her crying became quieter, and then she got into the car with the help of her brother. Fang Yi didn't know if the other party understood what he meant. This was the end of the matter and that was all.

On the fourth day after the criminal verdict in Gao Qiang’s rape case was issued, the case of deputy general manager Zhang, a subsidiary of Shengfeng Group, also heard the case of job embezzlement. In the end, the county court adopted the procuratorate’s suggestion and settled the case in accordance with Shengfeng Group and the live broadcast company. The agreement reached confirmed the amount of stolen money that should be recovered.

After the criminal verdict was handed down, the live broadcast company deducted 8% of the service fee and returned the remaining money to the subsidiaries of Shengfeng Group.

Sister Lan kept her word. On the second day after the payment was received, she paid Fang Yi more than 1.6 million yuan in legal fees as previously agreed, plus a reward of 100,000 yuan.

After deducting 30% of the legal fees, the law firm would get more than 1.1 million yuan. Of course, this is the amount without personal income tax. Considering that it was too high to withdraw personal income tax in one go, Fang Yi was not in a hurry to withdraw the money after the legal fees arrived.

This was the highest legal fee Fang Yi had ever received since he started practicing law, and it made him excited for several days.

At the end of October, Wanke Faxiong walked into the law firm with high spirits. He finally returned from treatment.

When Fang Yi was called into the office, the fat old man was looking at his red face in the mirror.

"What do you want from me?" Fang Yi asked carefully.

He didn't know what kind of medicine the fat old man in front of him was looking for on the first day he came back, so he was very cautious.

"Xiao Fang, look at my face. Is the skin a little loose?" Wan Kefa fiddled with the mirror.

"Ah!?" Fang Yi thought to himself: Isn't it like this when you get older? You are already so old, but your skin can still be as supple as that of a girl in her late teens? Old demon from Montenegro!

"Ah what? I'm asking you." Wan Kefa glanced at Fang Yi and said.

"Um...your skin is much better than Director Hua's. I think it's better than Lao Huang's. It's so rosy and so healthy!" Fang Yi said flatteringly.

"Hmph! How can someone named Hua compare with me? I'm thinking about getting a cosmetic injection in the next few days. I heard from the nurse at the hospital that the effect is good. I'll make you at least ten years younger, what do you think?" Wan Kefa was taking photos. Mirror said.

What a god! After finally crawling out of the drinking pit, the fat old man is ready to jump into the beauty pit! Is this because I'm used to jumping into fire pits?

How should I answer this? At that time, the boss lady won’t come over to accuse him, saying that she was the one who instigated the fat old man to go for a beauty treatment!

Fang Yi was twitching worriedly: It's so difficult for me! Boss, can't you find someone else to pit you against?