Lawyer's character

Chapter 691: The property belongs to one’s own family, can it be considered robbery?

"According to the provisions of Article 29 of the Criminal Law, those who instigate others to commit crimes shall be punished according to their role in the joint crime. In other words, the instigator shall be charged according to the crime he instigated and shall be punished according to the crime he instigated. Co-offending.

In this case, the defendant Song Dachun not only instigated the defendant Yan Shaoxing to find someone to intentionally harm She Qingyun, but also instigated Yan Shaoxing to steal the property She Qingyun brought back.

Song Dachun's original intention was to use the latter act of robbing property to cover up the previous purpose of intentional injury, and to use the stolen property as a reward for Yan Shaoxing and his wife's intentional injury to She Qingyun, and at the same time create a falsehood to confuse the public and avoid She Qingyun's suspicion. own purpose.

Judging from the composition of the crime, after Yan Shaoxing entered the house with a knife, he first robbed the property and then injured the victim after the robbery. It can be seen that the intentional injury occurred after the robbery, that is to say The harm done to the victim by Yan Shaoxing and the two men was not to subdue the victim and commit robbery. Therefore, the subsequent harming behavior is an independent crime and is not an aggravating circumstance of the robbery.

For Song Dachun, objectively he actually instigated others to rob (he told Yan Shaoxing that after the incident was completed, the property brought back by the victim would belong to them), and subjectively he also had the intention to instigate others to rob, which is in line with the qualifications of a robbery instigator. constituting elements, therefore, he committed the crime of robbery (instigator).

In addition, Song Dachun instigated Yan Shaoxing and his two men to rob his wife at his home. The defendants Yan Shaoxing and Zhou Deming actually went to Song Dachun's home to commit the robbery. Therefore, the behavior of the three defendants was a "house robbery" and had circumstances that aggravated the punishment. , should be sentenced in accordance with Article 263 (1) of the Criminal Law. "Fang Yi expressed his thoughts.

"Well, I understand. To put it this way, the three defendants in this case should be guilty of robbery and intentional injury, and should be punished for several crimes.

I have another question. Song Dachun and She Qingyun were husband and wife. Their marriage had not been dissolved until the incident. So the money She Qingyun earned from working should belong to the joint property of the couple. If Song Dachun constituted the crime of robbery, would the court also have to specify the amount of robbery when convicting and sentencing? "Zhou Ying asked after typing on the keyboard and thinking for a while.

"Well, yes, I have learned to think independently. This case is indeed a bit special.

The defendant Song Dachun in this case and the victim She Qingyun were husband and wife. As of the time of the incident, the marriage had not been dissolved.

According to the provisions of the Marriage Law, the property acquired by a husband and wife during the marriage relationship shall be jointly owned by the husband and wife. Therefore, the property robbed in this case should belong to the common property of Song Dachun and his wife..." Fang Yi nodded and said.

"Lawyer Fang, I suddenly remembered a question.

You said that Song Dachun instigated others to rob his family's common property. If Song Dachun was convicted of robbery, would there be any problems with the subject of the crime? If the property is my own, can it be considered robbery?

After all, the "Criminal Law" stipulates that the object of the crime of robbery can only be property owned by the state, the collective or others, excluding self-owned property. Zhou Ying suddenly asked.

Fang Yi thought for a moment and smiled: "According to the provisions of the Marriage Law, neither spouse has the right to occupy or dispose of the joint property of the spouses without the consent of the other party, otherwise it will constitute an infringement. If the joint property of the spouses is illegally occupied by violent means, property may constitute a crime.

The defendant in this case, Song Dachun, instigated others to rob his husband and wife's common property, and used She Qingyun's property robbed by the instigators Yan Shaoxing and Zhou Deming as reward for committing the crime of being instigated (intentional injury).

In this case, Song Dachun's behavior was not a tort of unauthorized possession and disposal of joint property by one spouse, but was transformed into a criminal act of illegal possession of other people's property.

Although Song Dachun instigated others to rob the common property of their husband and wife, this did not affect the confirmation of the nature of the defendant Song Dachun's behavior, which constituted the crime of robbery (instigation).

Therefore, if a husband instigates others to rob his and his wife's common property, the husband can become the subject of the crime of robbery, which is not inconsistent with the content of the crime of robbery stipulated in the Criminal Law. However, the marital relationship between Song Dachun and the victim will affect the court's determination of the specific amount of robbery in this case.

In addition, according to Article 7 of 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", those who obtain the property of family members or close relatives by violence, coercion or other means for personal use are generally not charged with robbery. Convictions and penalties that constitute other crimes shall be dealt with in accordance with the relevant provisions of the criminal law; those who instigate or collude with others to use violence, coercion and other means to rob the property of family members or close relatives may be convicted and punished for robbery.

In this case, when the defendant Song Dachun learned that his wife She Qingyun was divorcing him, he instigated others to intentionally harm his wife, and at the same time instigated others to steal the property his wife had brought back, and used the stolen property as the instigated person to commit intentional acts. The reward for harmful behavior, its social harmfulness and subjective malignancy are sufficient to warrant conviction and punishment in accordance with the Criminal Law.

According to Article 7 of 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", Song Dachun's behavior should constitute the crime of robbery. "

"Well, I understand. It seems that the only defensible point in this legal aid case is the amount of robbery. The rest is of little significance." Zhou Ying said, minding her own business.

"Don't say that. I'm just giving you my opinion. My opinion does not represent the judge's opinion. Don't be affected by my opinion.

As a lawyer, it is important to listen to other people's opinions and take a look at the cases, but you must have your own ideas and think independently. Each criminal case has its particularities. Otherwise, you will develop a dependence mentality and it will be difficult to practice independently in the future. "Fang Yi said with a smile.

"Thank you, Lawyer Fang. But I think what you said is very reasonable. I don't know about others, but I am most convinced by you." Zhou Ying said with a playful smile.

"Actually, I'm quite convinced by Lawyer Fang..." Wu Qinghui, who had been listening to the Book of Heaven, also expressed his position in order to prove that he was the third breathing person in this room.

"You're everywhere, let's go." Zhou Ying turned back and glared at him, saying unceremoniously.

"Look at you, you are always so polite when you talk to me..." Thanks to Wu Qinghui's bold face, otherwise Zhou Ying would definitely not be able to get off the stage if he was reprimanded like this.

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