Lawyer's character

With his small frame, Mao Dewen was able to live and drink all day long. How could he outrun the vigorous armed police soldiers? He was held down within thirty meters of running out.

The traffic policeman brought a breathalyser and asked Mao Dewen to blow it. Mao Dewen was choked and had no choice but to blow it. The traffic policeman looked at the data, turned around and asked him why he was running.

Mao Dewen sat on the ground, gasping and saying that he had been drinking and was afraid of being investigated, so he ran away. The traffic policeman laughed when he heard this, showed him a tester, and told him that he was not drunk enough to drive, so there was no need to run away.

Mao Dewen laughed at the sight and felt that he was lucky enough to escape.

Later, the traffic police routinely asked him to get his driver's license for inspection. Mao Dewen agreed to go back to the car to get his driver's license. Before he could open the door, his head started buzzing and sweat started to appear on his forehead.

Last year, he was arrested for drunk driving, and his brother-in-law helped him run the operation. Although he was released after a short period of time, his driver's license was revoked. He was just thinking about drunk driving and forgot about it.

When the traffic police saw that he was not moving, he urged him to get his driver's license. He grinned and lied that he had forgotten his driver's license. Later, the traffic police impounded his Mercedes-Benz and fined him another 200 yuan.

At noon the next day, Mao Dewen found out that his car was parked in the traffic police squadron compound, so he sneaked into the compound at about 11 o'clock that night. He found that there was only a man on duty in his fifties at the gate, so he slipped away unprepared. Entering the compound, he took the spare key of the Mercedes-Benz and prepared to drive away.

The officer on duty came forward to stop him when he discovered it. Mao Dewen took advantage of him and knocked him unconscious with a brick on the ground. He dragged him to the corner, tied his hands and feet with ropes from the car, and blocked and strangled his mouth with towels and cloth strips. nose.

The person who took over the next day did not see the colleague who was on duty yesterday, so he thought he had gone to the toilet. Later, a traffic policeman accidentally discovered the tied up person on duty by the wall. The latter's body was stiff. After an autopsy, the other person on duty was found to be tied up. Death from suffocation.

At the same time, the traffic police discovered that the Mercedes-Benz parked in the courtyard was gone.

At first, Mao Dewen didn't know that he had gotten into a big trouble. He thought that he just drove his car away secretly, injured someone, spent some money at home, and asked his brother-in-law to drag things out. Later, someone told him, The man in his fifties who was on duty at night died.

After getting the news, Mao Dewen's legs immediately became weak. Knowing that he was in big trouble, the first thing he thought of was to run away. As a result, he was caught by the police as soon as he arrived at the train station.

Subsequently, the procuratorate charged Mao Dewen with intentional homicide and transferred the case to the Intermediate Court for trial.

After the trial, the Intermediate Court held that the defendant Mao Dewen stole his own property that was temporarily seized by the state. When he was stopped by the officers on duty, he used violence on the spot, causing death. His behavior constituted the crime of robbery, and his methods were cruel and the consequences were serious. Should be punished according to law.

The facts of the crime charged by the public prosecution are clear, but the characterization is inappropriate. Mao Dewen's defender's defense that Mao Dewen's behavior constituted the crime of manslaughter has no factual and legal basis and will not be accepted.

First instance verdict: 1. Defendant Mao Dewen was convicted of robbery and sentenced to death and deprived of political rights for life. 2. The Mercedes-Benz involved in the case was returned in accordance with the law.

After the first-instance verdict was announced, the defendant Mao Dewen refused to accept the verdict and appealed to the Provincial High Court, claiming that he had no motive for murder, that the first-instance decision was inappropriate and the sentence was abnormally heavy.

"Lawyer Wang, I'm not afraid of your jokes. Ouyang and I are close friends, and we are not outsiders.

I have no idea what this bastard was thinking at the time? It's just a Mercedes-Benz. Does it need to kill people? And it was done in the courtyard of the traffic police team. It's useless for me to find connections. "Lu Yuanren was smoking and cursing, and he was so angry.

“After the accident, the Mao family asked their legal advisor to introduce a well-known local criminal lawyer, but at the end of the case, Xiao Mao was sentenced to death.

Isn't this an appeal? The Mao family feels that those who are closest to the water get the upper hand, and they want to hire a lawyer in our city to fight the second trial. Lu Yuanren and I are both in the same circle. He knew about my previous cases and now that he was involved in this one, so he called me... This relationship is not far off. "Ouyang Jie explained.

"Yes, I understand." Fang Yi put down the criminal verdict and looked at the two of them.

"Lawyer Fang, I won't hide it from you. Before coming here, I consulted several lawyers. I even made a trip to the capital to find out everything.

Some lawyers said that my brother-in-law's car theft was not theft, but the use of violence during the car theft resulted in casualties, which constituted the crime of intentional injury or intentional homicide.

Some lawyers also said that any vehicle seized by the traffic management department in accordance with the law should be considered public property. In the process of stealing the vehicle, my brother-in-law used violence and caused casualties, which constituted the crime of robbery.

My legs have become thin these days, and I don’t know who to listen to. It's so futile to have such a brother-in-law in the stall. It’s not enough if I don’t let him run away. My father-in-law and my wife are urging me all day long! "Lu Yuanren said helplessly, feeling very aggrieved.

"My preliminary judgment is that your brother-in-law does not commit the crime of robbery. Mao Dewen 'stole' his own vehicle. He did not harm the rights and interests of others, so he does not meet the conditions for the crime of robbery.

In addition, your brother-in-law should not be charged with intentional homicide. He had no motive or intention to kill. His purpose of going to the traffic police was to steal his car back, not to kill anyone.

However, in the process of stealing the car, your brother-in-law Mao Dewen used violence to injure others to death. His behavior may constitute the crime of intentional injury.

According to Article 234 of the Criminal Law, anyone who intentionally injures another person's body and causes death shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death. Fang Yi thought for a while and said.

"You mean my brother-in-law may be charged with a different crime, and the final result will be the death penalty?" Lu Yuanren asked after digesting Xia Yi's words.

"It is very likely to be the death penalty, but it may not be executed immediately. It may be a suspended death sentence. Of course, there is an element of luck in this, and it is also related to the professional ability of the lawyer." Fang Yi said seriously.

"Lawyer Fang, do you think Mao Dewen's case will constitute the crime of illegal disposal of seized property? A professor from the Beijing University School of Law once mentioned it at the dinner table.

I don't understand this, so I want to ask you again. Lu Yuanren suddenly asked.

Fang Yi thought for a moment and said, "You are talking about Article 314 of the Criminal Law. Anyone who hides, transfers, sells off, or intentionally damages property that has been sealed, seized, or frozen by judicial authorities, if the circumstances are serious, shall be sentenced to three years in prison." The following shall be punishable by fixed-term imprisonment, criminal detention or fine.

I think your brother-in-law’s case does not constitute the crime of illegal disposal of seized property. Let me explain it to you and you will understand:

First, let’s talk about the meaning of the three words “seize, detain, and freeze” in the law.

Seizure refers to the seal by the judicial authority. This seal should indicate the date of seizure, the unit of seizure and be stamped. Once the items are sealed by the judicial authority, they may not be opened or used privately without the approval of the seizure authority, let alone sold or transferred.

Seizure refers to the temporary detention of items related to the case by the judicial authorities due to the need to handle the case. For this kind of seizure, the items are usually detained in judicial organs, but some bulk items can also be detained in warehouses and other places.

Freezing mainly refers to freezing the fund account related to the case. Once frozen, the funds cannot be used privately, let alone transferred, without being unfrozen in accordance with the law. "