Lawyer's character

Although Fang Yi knew that the circumstances of the defendant's surrender just mentioned were untenable, but now he had no good solution. He could only put forward the content that was beneficial to the defendant, and finally handed it over to the collegial panel for judgment.

Regarding the statement of "robbing common property", although Fang Yi had the intention of pioneering for the defendant Tang Renguo, Fang Yi felt that this statement was tenable in terms of family common property. Although the defendant's share of the robbery money was his own, he did infringe upon the legitimate rights and interests of other common property owners and must have constituted a crime.

If this kind of crime committed by a family member is not reported to the police, it will only be handled internally. Once the police are called, the state machinery will start a chain reaction, and the family members will not have the final say on what happens next.

As for the matter of 'house robbery', Fang Yi thinks so. Since the defense has been focused on the crime of robbery, the judge will definitely think of the defendant's house robbery, so Fang Yi must try his best to explain the matter thoroughly. , to eliminate situations that may aggravate penalties.

As for the aggravating circumstances that cannot be denied, such as 'causing serious injury to the victim' and 'robbery involving a huge amount', we can only leave it to fate. The facts are there and there is irrefutable evidence. Fang Yi dare not open his eyes and talk nonsense, as that will cause trouble. The judge's disgust was also inconsistent with his defense style.

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

“Okay, in response to the defender’s defense, we believe:

1. There was no intention to rob between the defendants Tang Renguo and Jiang Sanfu.

Although the defendant Tang Renguo asked Jiang Sanfu to go to his supermarket with him to make money, the defendant initially told Jiang Sanfu that the supermarket was closed and no one was there, so the latter followed the defendant to the supermarket. It can be seen that Jiang Sanfu did not With the intent to rob, and with the intent to steal. The purpose of the two going to the supermarket was not to rob.

2. The defendant does not have the circumstances to surrender.

Although neither the Criminal Law nor the judicial interpretation clearly stipulates that the criminal suspect must clearly inform the judicial authorities that he or she is surrendering, in order to establish voluntary surrender.

However, Article 67 of the Criminal Law stipulates, ‘Anyone who voluntarily surrenders to the police after committing a crime and truthfully confesses his crime is surrendering. ’

It can be seen from the above provisions that criminals must clearly inform the judicial authorities that their purpose is to surrender, which is a requirement for establishing automatic surrender. As long as a criminal suspect voluntarily comes to the judicial authority for the purpose of surrendering, regardless of whether the judicial authority has grasped the facts of his crime or decided to take compulsory measures against him, it shall be deemed to have voluntarily surrendered.

In this case, the township public security agency has received the cooperative investigation report from the Municipal Public Security Bureau and has mastered the defendant’s criminal facts. If the defendant went to the public security agency to clearly state that he came to surrender and truthfully confessed his criminal facts, it should be determined that To surrender.

However, the real purpose of the defendant Tang Renguo in this case went to the public security organ not to surrender, but to find out whether the victim was dead. Afterwards, the public security organs arrested him. Although the defendant truthfully confessed his main criminal facts, he lacked the condition of voluntarily surrendering, so he could not be regarded as surrendering.

In summary, we believe that the defendant committed intentional homicide and did not have the circumstances to surrender. complete. "The prosecutor gave what he thought was the most powerful counterattack on Fang Yi's defense opinions.

"The defender can respond to the prosecutor's opinions." The presiding judge said with drooped eyelids and looking at the case file in his hand.

“In response to the prosecutor’s defense opinions and response, the defender issued the following opinions:

1. The defendant and Jiang Sanfu had the intention to conspire to rob.

Although in the Internet cafe, when the defendant Tang Renguo asked Jiang Sanfu to go to the supermarket to get money, he told Jiang Sanfu to go to his own supermarket early in the morning and there was no one on duty, but when the two pried open the back window and climbed into Tang's small supermarket, they found that The victim Tang Ming was in the lounge.

If the results of the previous discussion were followed, the two should stop making money and leave the small supermarket at this time, but in fact the two did not leave the Tang family's supermarket.

The defendant arranged for Jiang Sanfu to stand watch at the door, and the latter readily agreed. After entering the lounge, the defendant asked the victim for money but failed, and committed violence in response to the victim's resistance.

At this time, the nature of the two men's behavior had changed, from theft to robbery. Moreover, after the incident, Jiang Sanfu entered the house and found Tang Ming lying on the bed. He did not stop the defendant's behavior, but participated in "turning over money" and dividing the money. This shows that the two men had the intention to rob. The meaning of making money has become robbery.

2. Even if the defendant’s behavior does not constitute surrender, the defendant’s truthful confession after being arrested has facilitated the police to solve the case. The defender suggested that the collegial panel should consider it when sentencing. complete. "

Fang Yi saw that the other party was so clear about surrendering, so he stopped holding on to it and took a step back to ask the court to consider the defendant's truthful confession when sentencing.

…

After the trial, there was a ten-minute adjournment, after which the presiding judge pronounced the verdict in court.

After trial, the Intermediate Court held that the defendant Tang Renguo used violence for the purpose of illegal possession. Illegal possession of other people's legitimate property constitutes robbery.

Although Tang Renguo and the victim Tang Ming were members of the same family, Tang Renguo only participated in the operation of the small supermarket for a short period of time and was not the owner of the supermarket property. Tang Renguo used violence to forcibly possess the legal property of others. His behavior met the subjective and objective elements of the crime of robbery, and he should be convicted and punished for the crime of robbery.

The criminal facts charged by the public prosecution agency against defendant Tang Renguo were established and supported, but the charges were inappropriate. The Intermediate Court ruled that the defendant Tang Renguo was guilty of robbery and was sentenced to life imprisonment, deprived of political rights for life, and fined RMB 4,000.

Jia Zongxia in the auditorium knew very well what a life sentence meant to a young man in his twenties, and so did Tang Ming. After the trial, Tang Ming stood up and left the court without saying anything.

After Jia Zongxia watched her son being taken away, she left the court in despair. Although the result was not very good, Jia Zongxia could basically accept it, and it was in line with the expectations Fang Yi told her.

After the verdict was issued, Fang Yi came to the detention center again and met with Tang Renguo.

"The verdict has been issued. After it takes effect, you will be transferred to prison to serve your sentence. Is there anything you need me to tell your mother?" Fang Yi asked.

"Please tell my mother, I was wrong! Wait until I get out to repay the kindness of raising you. Let her take care of herself." After Tang Renguo hesitated for a moment, he looked at Fang Yi and said, his eyes full of regret.

"Well, I will definitely convey your words to your mother. Do you want to appeal?" Fang Yi asked.

"No, the judge is right. You have to admit what you have done, and you cannot escape what you deserve. By the way, how is my friend Huang Mao...?" Tang Renguo hesitated and asked.