Lawyer's character

When asked by Fang Yi, Lawyer Zhao looked a little embarrassed and told the truth. It turned out that Lawyer Gao had taken on a criminal case and had been discussing it with him for a long time. As a result, there were more and more disagreements. He wanted to ask Fang Yi for advice.

Fang Yi was happy when he heard it and told him that colleagues didn't need to be so polite when discussing the case. However, Lawyer Zhao felt uncomfortable always asking Fang Yi for help.

In the afternoon, Lawyer Zhao and Lawyer Gao from Hua Liancheng's team came to Fang Yi's office with case file materials.

"Lawyer Fang, here are the case materials. Look at it, and I will briefly introduce the facts of the case.

The two defendants were both from other provinces. One was Deng Zigen, who had been sentenced to two years in prison for robbery, and the other was Diao Junping, who had no criminal record. I defended Deng Zigen, and lawyer Zhao defended Diao Junping.

In mid-September last year, the defendants Deng Zigen and Diao Junping conspired to rob the city. After some planning, the two of them bought sharp knives, ropes, rubber gloves, and maps of the city in the store.

After the two of them came to the city, they searched for their target and finally focused on taxis.

At around six o'clock in the evening, Deng Zigen and Diao Junping claimed at the train station that they were going to visit relatives in the county below. They negotiated a taxi for 200 yuan and planned to rob the taxi driver in a quiet place.

From the time the taxi left the city until it reached the county below, Deng Zigen and Diao Junping never found a suitable opportunity to take action.

The two then asked the driver to take them to Lin County for 100 yuan on the grounds that their relatives were not at home. The roads in the county are not easy to travel, and it has just rained. They are full of potholes and taxis are swaying here and there.

The taxi driver accidentally saw Deng Zigen and Deng Zigen sitting in the back seat looking strangely through the rearview mirror. He often muttered in a low voice, and he suddenly became alert.

At this moment, the taxi suddenly bumped, and with a "dang" sound, the knife on Deng Zigen fell to his feet.

The driver was shocked, and so were Deng Zigen and the other two. The expressions of the three people in the car instantly froze, they were embarrassed!

It happened that there was a police station in front of him. The driver suddenly stepped on the accelerator and rushed into the police station. The policeman on duty saw a car driving in and immediately ran out to take a look.

At this moment, the taxi driver slammed on the brakes, and Deng Zigen and Diao Junping, who were sitting in the back row, hit the back of the seat in front of them. The taxi driver hurriedly opened the door and jumped out of the car, shouting "robbery" at the police.

The policeman who ran out was stunned, then suddenly realized, and rushed forward with the assisting police officers to control Deng Zigen and Diao Junping in the car.

Later, the police found sharp knives, gloves, ropes and other crime tools from Deng Zigen and Diao Junping. At first, the two refused to admit it and said they were going to a relative's house.

The police asked them to report the names and addresses of their relatives, but they couldn't tell. They finally admitted that they planned to rob the taxi, but because they were timid, they never found a suitable opportunity, so they never succeeded.

The County Procuratorate believes that the defendants Deng Zigen and Diao Junping attempted to rob a taxi driven by others with violence for the purpose of illegal possession, and prepared tools and created conditions for this purpose. Their behavior constituted the crime of robbery. The procuratorate then transferred the two defendants to the court. Before the Chinese New Year, the court notified us that the court would be held on the 16th day of the first lunar month. "Lawyer Gao said.

"The defendant in this case, Deng Zigen, is the cousin of my college classmate. He approached me after New Year's Day and asked me to help represent him in this case.

They were all old classmates and I couldn't ignore them, so I took the case. Later, Lawyer Zhao and I discussed the case and we had quite a disagreement, so I thought about asking you for advice. "Lawyer Gao looked at Fang Yi, who was looking through the case file, and explained.

"What do you think?" After a moment, Fang Yi looked up at Lawyer Zhao and Lawyer Gao sitting opposite.

"This is what I think. Although the two defendants in this case constituted a crime of robbery, the crime was suspended because after the taxi driver drove the car into the police station, the two voluntarily gave up the robbery.

According to the provisions of Paragraph 2 of Article 24 of the Criminal Law, for suspended crimes, if no damage is caused, the punishment shall be exempted; if damage is caused, the punishment shall be reduced. Therefore, although the two defendants committed robbery, they did not cause any damage and should be exempted from punishment. "Lawyer Gao said.

"I disagree with lawyer Gao's opinion. I think the two defendants in this case committed robbery, but it was preparation for a crime. The reason is:

The first and second defendants had already made a robbery plan before getting into the taxi. Therefore, subjectively, the defendant rented the taxi for the purpose of robbery and had criminal purpose.

2. The second defendant objectively prepared sharp knives, ropes and other crime tools, and carried out the act of preparing tools or creating conditions.

3. The second defendant did not give up voluntarily, but when he continued to look for an opportunity to strike, he was noticed by the taxi driver. The taxi rushed into the police station and the driver called the police, which prevented the second defendant from committing the crime of robbery. "Lawyer Zhao said.

"Lawyer Fang, do you think so?" Lawyer Gao asked.

“I’ll give you my opinion for your reference.

First of all, I agree with lawyer Zhao’s opinion. In addition to the two reasons mentioned by lawyer Zhao just now, there are also the following two reasons:

First, the defendant has not yet committed the crime, so it should be considered a crime preparation. As far as the crime of robbery is concerned, I believe that only when the perpetrator has used violence, threats and other means to demand money can the crime be considered as "starting".

Second, in this case, the defendant's failure to commit the crime was due to reasons beyond the perpetrator's will and was not voluntary. This is the fundamental difference between crime preparation and crime cessation in the preparatory stage.

Crime cessation means that during the crime process, the perpetrator voluntarily gives up the crime or voluntarily gives up the crime when it is possible to commit the crime.

Regardless of the above situation, the perpetrator must give up subjectively and voluntarily, rather than being forced to give up due to external reasons.

In this case, the defendants jointly planned to rob the taxi, prepared knives, ropes and other crime tools, selected the robbery target, and lured the taxi to the predetermined location. However, all of this was to prepare for the robbery and had not yet begun. To commit a robbery crime, the taxi driver did not know that they were about to commit a robbery.

The two defendants did not commit the robbery not because they had conscience and voluntarily gave up the crime, but because the time was not ripe enough. Later, because the taxi driver was alert and reported the crime, the defendant's behavior was forced to stop in the preparatory stage of the crime. "Fang Yi said.

“According to the provisions of Article 22 of the Criminal Law, preparatory offenders may be given lighter punishments, reduced penalties, or be exempted from punishment compared with completed offenders.

In this case, the defendant did not cause any harm to the taxi driver. Can he seek a reduction or exemption from punishment? "Lawyer Zhao asked.

He felt that what Fang Yi said made sense. Whether it was the suspension of crime or preparation for crime, the final result would be punishment.