Lawyer's character

"I believe that whether the perpetrators of the rape succeeded in rape (including three situations: 1. All succeeded; 2. None succeeded due to reasons other than will; 3. Some people succeeded and some did not), it is a crime of rape. The question of accomplished or attempted. This is because:

First, the so-called attempted rape is not an independent crime, but a statutory aggravation of the crime of rape. Therefore, there is no independent issue of completed or attempted rape itself. Only the crime of rape has the issue of completed and attempted.

I think you may have confused the aggravated punishment of rape, a crime of rape, with the determination of completed and attempted rape.

Second, if rape is also divided into completed and attempted rape, then in the situation where some people succeeded in raping Y and some did not succeed in rape, should the whole case be judged as attempted rape, or only the case in which rape Y was not successful? Some people were sentenced because of attempted rounds of rape? This question is difficult to answer.

Because if the entire case is convicted of attempted rape, then the defendant who has committed rape will definitely not receive the punishment he deserves; if only the defendant who has attempted rape is convicted of attempted rape, the defendant who has committed rape will be punished with Since Wheel J is completed, it is difficult to justify whether Wheel J is completed or attempted.

I think that subjectively, rape is a joint act based on the common understanding of rape. That is to say, as long as the rape is completed, other accomplices, whether they are aiding, abetting, organizing, or jointly committing the crime, Any crime committed by force should be considered as a completed crime.

Of course, there are differences, and it does not mean that the specific sentencing standards are the same. Helpers and accomplices should generally be given leniency in accordance with the law, while co-perpetrators who fail to succeed may be given a lighter punishment at their own discretion. "Fang Yi paused for a moment and looked at everyone.

Zhou Ying and others digested what Fang Yi just said and said nothing.

"In this case, the defendants Kong Shu and Xiang Qingbin went against the will of the woman and took turns raping the woman. Xiang Qingbin accomplished it and Kong Shu attempted it.

From the perspective of joint crime, the procuratorate found that both men had committed rape, so there was no problem. However, the circumstances of the round of rape should be taken into consideration when sentencing.

For Kong Shu, the defendant who attempted rape, because he has statutory leniency (meritorious service) and circumstances that warrant a lighter punishment, I think the court may give him a lighter punishment.

I suggest you communicate with the prosecutor again and focus on convincing the prosecutor from these two points. When it comes to court, I think these two points are also defense points. "Fang Yi explained.

(Note: In judicial practice, the standard for the completion of rape of a woman is the combination theory, and the standard for the completion of rape of an underage girl is the contact theory. This is the case in the judicial documents online)

After listening to Fang Yi's explanation, Du Yong was a little disappointed. Since Boss Fang and the prosecutor thought so, it was very likely that the court would find it so. What he could do now was to try his best to maximize his cousin's sentence. Reduce it.

A few days later, Du Yong's cousin's case came to trial. Since Du Yong and Zhou Ying communicated with the prosecutor many times before the trial, the prosecution and defense basically reached an agreement. Therefore, most of the trial scene was spent by the first defendant. Qingbin’s defender is speaking.

After a heated exchange of words, the presiding judge pronounced the verdict in court.

The collegial panel held that the defendants Kong Shu and Xiang Qingbin violated the will of women and took turns raping women. Their actions constituted the crime of rape and should be punished in accordance with the law.

Kong Shu assisted the public security organs in capturing the co-defendant and performed meritorious service. At the same time, considering that his personal treacherous purpose was not achieved, his punishment can be reduced.

In accordance with the provisions of Article 236, Paragraph 2, Item (4), Article 25, Paragraph 1, Article 23, and Article 68, Paragraph 1 of the Criminal Law, the verdict is: The defendant Xiang Qingbin committed the crime of rape and was sentenced to ten years in prison; the defendant Kong Shu committed the crime of rape and was sentenced to seven years in prison.

After the first instance verdict was announced, the two defendants did not appeal.

After the verdict came into effect, Du Yong took his aunt and uncle to visit his cousin Kong Shu. After Kong Shu's case was settled, Du Yong took several days to adjust.

A week later, Yun Qiao asked Mr. Gu and his son to come to the law firm again, but this time Ouyang Jie did not follow.

In the underground parking lot, Gu Jun was a little nervous: "Dad, do you think Lawyer Fang will see it?"

"It's hard to say, just take it step by step. After this case is over, you must be more honest, otherwise I will break your dog's legs." Gu Hongqing shouted in a low voice.

Gu Jun shivered in fright and nodded hurriedly.

The father and son got out of the car and walked to the elevator.

In the conference room, the Gu family father and son looked at the documents on the table without saying a word, and their expressions were not good-looking.

"Mr. Gu, we drafted the questions in this document based on the case file and the case situation described by your son before.

Article 1: We checked the price of an Audi car in similar condition to the second-hand car purchased by Gu Jun from the Internet. The second-hand market value is about 350,000 yuan, but Gu Jun can buy it for 210,000 yuan. After buying it, how to explain it reasonably is a question.

Article 2: Gu Jun said that the person who sold him the car before was named Zhao Xin, but according to investigations by the public security department and the prosecutor's office, there was no such person in the second-hand car trading market, and this name had never been registered. How do you explain it?

Article 3:..." Fang Yi picked up the document on the table and read it.

"Lawyer Fang, you don't need to read it. We can't solve any of the problems written here. We really don't have the ability to solve them." After all, Gu Jun was young. After Fang Yi said a few words, he became a little bit out of breath. .

"Since you two trust us and are willing to entrust us with this case, I think you two should tell me the truth." Fang Yi looked at the Gu family and his son.

"Lawyer Fang, judging from the existing materials, is it possible to plead not guilty?" After a moment, Gu Hongqing changed the subject.

"It's difficult. We can defend like this, but the court will most likely not accept our defense opinions because there are too many doubts in this case. If the prosecutor in court randomly raises a question, we can't give a reasonable explanation." Fang Yiyao He shook his head and said, "But..."

"But what?" Gu Hongqing leaned forward and asked.

"But if Gu Jun admits that he knew that what he acquired was stolen goods, we can talk to the prosecutor and give him a lighter punishment." Fang Yi paid attention to the reaction of the father and son opposite him while speaking.

"Why do you have to admit that what you acquired was stolen goods? I was wronged." A trace of panic flashed in Gu Jun's eyes.

"Shut up." After Gu Hongqing finished scolding his son, he turned to look at Fang Yi: "Lawyer Fang, why did you give such advice? What is the reason?"