Lawyer's character

“The procuratorial organ lodged a protest with the Provincial Court on the grounds that ‘the defendant Yang Rongwei’s crime was extremely serious and should be sentenced to death immediately, and the original People’s Court improperly applied Article 48, Paragraph 1 of the Criminal Law’.

The defendant accepted the sentence and did not appeal.

According to Lawyer Wang, the defendant's family is indeed in a difficult situation. He once met the defendant's father. It was difficult for the old man to walk on crutches. The defendant's wife never returned home after hearing that the defendant was sentenced to a suspended death sentence. , I heard that a divorce has been filed. Zhou Ying replied with a serious face.

"Are you soft-hearted?" Fang Yi looked at Zhou Ying expressionlessly.

"Yes. One after another, accidents destroyed a family and the defendant's life. What do people want in this life?" Zhou Ying nodded and said.

It was obvious that she was not in a good mood.

"I'll check the case file first. Come over one hour before get off work." Fang Yi said after looking at the time.

…

At around five o'clock in the afternoon, Zhou Ying came to Fang Yi's office.

"What do you think of this case?" Fang Yi took a sip of tea and looked at Zhou Ying sitting opposite with a serious look.

“From a legal perspective, I think the sentence given by the first instance court may have been a bit lenient.

But from the perspective of an ordinary person, I feel a little sympathy for the defendant. The defendant was sent to a detention center for committing a crime and his wife ran away. The old father was on crutches and didn't even have money in his pocket for medicine. The defendant was overwhelmed by poverty, and the last straw that broke the defendant's back... was still money.

Some people spend tens or hundreds of thousands on a meal, while some people work hard for a year but can't even get a wife. This case changed my understanding of life. "Zhou Ying looked a little solemn.

"Let me give you a suggestion." Fang Yi stared into her eyes and said seriously.

"What?" Zhou Ying asked curiously.

"After finishing this case, you should follow Lao Huang to do the company's business. If this continues, I'm afraid you won't be able to do it for a long time." Fang Yi leaned on the chair, took out a red plum from the cigarette case on the table, and put it on He sniffed it under his nose and said.

"I can do it, but..." Zhou Ying adjusted after hearing this. There was some hesitation in her eyes.

"It's just that you're a little emotionally entangled, right?" Fang Yi smiled and then said: "You have been a lawyer for too short a time, and you are not mentally ready to accept the positive and negative impacts that this profession will bring to you. Maybe in a few years It will be better if we handle similar cases again.”

Zhou Ying said nothing, looking at the case file on the table, biting her lip and nodded.

She didn't deny that what Fang Yi said was right. She used to follow Fang Yi in criminal cases, and she contacted the public prosecutor and the judiciary, but she didn't feel anything wrong. She occasionally felt a sense of accomplishment and satisfied her vanity. She felt that criminal lawyers were very powerful and very powerful. Awesome!

But now she is practicing alone. When she faces a case alone, she is really under great psychological pressure. She is afraid of screwing up the case or making mistakes during the trial and being scolded by the judge.

"As long as you come, take care of it. Remember that you are not the savior. Just do your best! Relax your mind."

After speaking, Fang Yi continued to encourage her: "People always have to learn to grow up. You may be sad and shed tears, or you may doubt your own choices and abilities, but one day when you stand on a branch, you can face the biting cold alone. When the wind blows, you will feel that everything is worth it, no matter the good or bad.

It’s important to remember that our job is not just about making money! And that fragile ideal back then! "

"Look how you are stirring up emotion and making it so sad. So, let me explain my understanding, and you can check it." Zhou Ying adjusted her mood, stretched out her hand and rubbed her eyes.

"Say, tell me it's not poisonous!" Fang Yi said half-jokingly.

"Good guy, I stopped being sensational and changed my essay again." Zhou Ying chuckled, and the atmosphere in the room suddenly became much more relaxed.

"I read the Criminal Law. Article 263 stipulates that anyone who robs public or private property by violence, coercion or other methods and falls under any of the following eight circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. , and shall be subject to a fine or confiscation of property:

1. Robbery at home; 2. Robbery on public transportation; 3. Robbery of banks or other financial institutions; 4. Robbery multiple times or a huge amount; 5. Robbery causing serious injury or death; (6) ) Robbery by impersonating military and police personnel; (7) Robbery with a gun; (8) Robbery of military supplies or emergency, disaster relief, and relief supplies.

Among the above eight situations that aggravate punishment, there are both aggravating circumstances and aggravating results. As long as the defendant's behavior meets one or more of the above eight circumstances, it is enough to constitute the crime of robbery with aggravated circumstances or aggravated consequences, and he should be sentenced within the legal range of fixed-term imprisonment of more than ten years, life imprisonment, or death.

In this case, the defendant Yang Rongwei broke into the house to rob and caused serious injuries to the victim. This is a crime of robbery with aggravated circumstances and aggravated consequences. He also has two of the above eight aggravating circumstances. The crime is extremely serious. I think the death penalty should be imposed and executed immediately. , the prosecutor's office's protest is justified. "Zhou Ying opened her laptop and said while looking at it.

"Well, first of all, your analysis makes sense. But I think there is nothing wrong with the verdict of the first instance court.

Article 48, paragraph 1, of the Criminal Law stipulates that the death penalty is only applicable to criminals who have committed extremely serious crimes. My understanding of the so-called "extremely serious crime" is that firstly, the defendant's subjective malignancy is very deep and cannot be reformed or is difficult to reform; secondly, the defendant's behavior has caused extremely serious damage to the country, society and the people.

If a defendant who should be sentenced to death is not required to be executed immediately, he may be sentenced to death and suspended for two years. This reflects our country's consistent criminal policy of neither abolishing the death penalty nor strictly limiting its application.

Therefore, in judicial practice, "extremely serious crimes" as conditions for the application of the death penalty are generally strictly controlled.

In addition, the "Criminal Law" specifically stipulates the conditions for the death penalty for the crime of robbery as eight circumstances, but it does not mean that the crime of robbery must be sentenced to death if these eight circumstances are met.

‘Death penalty’ is only a type of punishment that is juxtaposed with ‘life imprisonment’ and ‘fixed-term imprisonment of more than ten years’ for the court to choose and apply. Whether the death penalty is ultimately applicable depends on a comprehensive analysis of the defendant's criminal motives, purposes, means, etc. It also depends on whether the criminal's behavior and circumstances in the robbery crime have reached an extremely serious level.

In this case, the defendant Yang Rongwei not only broke into the house to rob, but also caused serious consequences to the victim, so the severe penalty provisions for the crime of robbery should be applied to him, which is fully in compliance with the law.

Because Yang Rongwei’s criminal methods were cruel, the circumstances were atrocious, and the consequences were serious, and taking into account the current public security situation, it is very necessary to severely punish robbery crimes, especially robbery crimes with aggravated circumstances. Therefore, the first-instance judgment applied the death penalty to Yang Rongwei and suspended his execution for two years. , is appropriate. "Fang Yi explained.