Lawyer's character

"We can work hard in this area, but without evidence, it will be difficult for the court to accept our defense opinions. I think this case can only choose between the crime of acquiring stolen goods and the crime of harboring stolen goods, and this case will be based on 'doubtful crimes'." "After Fang Yi finished speaking, he looked at Yun Qiao.

"Doubtful about two crimes?" Yun Qiao's eyes flashed with confusion.

“Yes, it means ‘both crimes are in doubt’. In terms of sentencing, the crime of purchasing stolen goods is lighter than the crime of harboring stolen goods. After all, the perpetrator generally purchases stolen goods for his own use, and is less harmful than harboring stolen goods.

In judicial practice, the application of the rule of ‘the lesser of two crimes is doubtful’ is quite common. "Fang Yi's words are tantamount to giving Yun Qiao some trouble. Not every lawyer can encounter this kind of case.

"You mean, we have to defend ourselves against the crime of acquiring stolen goods?" Yun Qiao said suddenly.

"No, we can defend according to Gu Jun's statement. After all, this is what he told the public security organs before. He thinks he is innocent and is a victim (whether true or false). If we insist that he is guilty, he will definitely explode.

The purpose of our defense is not to let the judge find the defendant not guilty, but to let the judge cast reasonable doubt on what the prosecutor said.

In fact, judging from the available evidence, it is possible that the defendant knew that the Audi was a stolen vehicle, and the judge may ultimately find the defendant guilty of acquiring stolen property. This is a defense strategy. "Fang Yi explained.

"Why is it possible that the defendant knew it?" At this time, Yun Qiao had ten thousand questions in her head. Every time Fang Yi explained, she would have new questions.

"According to the provisions of Article 17 of the "Regulations on Investigating and Handling Cases of Theft and Robbery of Motor Vehicles in accordance with the Law" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Administration for Industry and Commerce, motor vehicle certificate procedures are incomplete or clear violations of the regulations , or purchasing a motor vehicle at a price that is significantly lower than the market price, it can be deemed that the defendant should have known.

The vehicle driving license held by the defendant Gu Jun was forged, and the Audi A6 purchased by the defendant was an imported car. The price of a second-hand car was more than 300,000 yuan, but the defendant’s purchase price was 210,000 yuan. According to the above Provided that the court may presume that the defendant knew the vehicle was stolen. "Fang Yi explained patiently.

Yun Qiao looked at Fang Yi with curious eyes: "Master, how do you know that the used Audi A6 car he bought is worth more than 300,000 yuan?"

"While you were assisting Mr. Gu and his son with the entrustment procedures, I used my mobile phone to check the price of the Audi A6 in the local second-hand car market." Fang Yi smiled.

"Oh! Awesome." Yun Qiao looked admiring.

"But before that, you can't reveal the defense plan to Mr. Gu. Mr. Gu's expectations are relatively high, so we have to suppress their expectations first, and then talk about our plan. Otherwise, this case will be difficult to handle.

Keep an eye on it these days. Once the case file is transferred to the Procuratorate, we will go to the Procuratorate to review the file and see the status of the case file, and then we will invite Mr. Gu to come over and talk. "Fang Yi instructed.

"Yes, I understand." Just as Yun Qiao was about to go out, Zhou Ying and Du Yong knocked on the door and entered the office.

"Boss Fang, do you have time?" Zhou Ying asked straight to the point.

When Fang Yi saw Zhou Ying and Du Yong come in, he knew that they were here for the case of Du Yong's cousin Kong Shu, so he also said to Yun Qiao: "Yun Qiao, don't leave yet. I will discuss a case with Lawyer Zhou and Lawyer Du." , you also listen.”

Zhou Ying and the others each pulled up their office chairs and sat across from Fang Yi.

"I've roughly read the materials you sent me. Let's talk about your understanding of the case first." Fang Yi looked at Zhou Ying and Du Yong. Du Yong's face was not good, and his eyes were full of anxiety.

"Let me tell you." Zhou Ying glanced at Du Yong: "As to whether the defendant Kong Shu is guilty of rape, Lawyer Du and I have read the case file. The case file contains the hotel's surveillance video. From the testimony of the hotel front desk waiter and Judging from the content of the surveillance video, the victim should have been drunk at the time and his consciousness was not very clear.

Judging from the available evidence, the defendants Kong Shu and Xiang Qingbin constituted the crime of rape, and there were circumstances of round-robin rape. Therefore, the starting point for punishment should be ten years, and they may be sentenced to more than ten years of fixed-term imprisonment, life imprisonment, or death.

However, the defendant Kong Shu assisted the public security organs in arresting his co-defendants and performed meritorious service. Considering that his personal treacherous purpose was not achieved, the procuratorate intended to recommend that the court give him a lighter punishment.

The difference between us and the prosecutor now is whether the defendant Kong Shu’s behavior is considered a completed crime or an attempted crime. If it is an attempt, the defendant can be given a lighter or reduced punishment compared to the completed offender, adding a layer of insurance to the defendant Kong Shu. When sentencing, the court will also take the above circumstances into consideration and give a lighter sentence. "Zhou Ying said.

"We tend to fail," Du Yong added.

"Tell me your reasons?" Fang Yi looked at Zhou and Du.

"We believe that gang rape can also be divided into completed and attempted issues. Just like in this case, the defendant Kong Shu failed to succeed due to reasons other than his will, so it should be regarded as an attempted gang rape. For an attempted gang rape, the punishment can be lighter than that for a completed gang rape. Punishment." Du Yong couldn't wait to explain before Zhou Ying could open her mouth.

"What the prosecutor means is that since the two defendants had a common intention to commit rape and took turns to commit rape, if one of them succeeds in rape, the entire case should be deemed as completed rape. Rape is only rape as stipulated by law. It is one of the aggravating circumstances of the crime, and there is no question of completed and attempted crimes at all," Zhou Ying said.

"Well, I agree with the prosecutor's opinion. When I was studying for a Ph.D., I saw a case with a similar situation.

In the case of rape, there is no independent issue of attempted rape in the plot of rape itself. Only the crime of rape has the issue of completion and attempt. "Fang Yi said.

"Why?" Just as Zhou Ying and Du Yong were about to speak, Yun Qiao sitting beside them suddenly asked.

“What is gang rape is the act of two or more men taking turns raping the same woman (or young girl) within the same period of time out of a common understanding of rape.

Round rape is expressly stipulated in Article 236 of the Criminal Law. It is one of the circumstances that aggravates the sentence for the crime of rape. The aggravation of punishment only solves the sentencing issue, that is, the statutory sentencing grade that the court will apply to the perpetrator. and the severity of punishment.

As long as the perpetrator in the same case commits gang rape, the corresponding statutory penalty should be applied to him. On the contrary, if the perpetrator does not commit gang rape, there will be no such aggravated punishment. "Fang Yi explained.

"Then if one person succeeds (accomplished) and one person does not succeed (attempted), how should it be applied? If aggravated punishment is applied to both, will there be an unfair problem?" Du Yong hoped that Fang Yi would speak to his cousin, but I also want to hear an objective explanation, because the court will not consider the relationship between the defendant and the lawyer.