Lawyer's character

"The reason is very simple, because judging from the current evidence, the court is likely to infer that your son Gu Jun has long known the fact that the vehicle involved in the case was stolen." Fang Yi said.

"Speculation? Why?" Gu Hongqing and his son asked at the same time.

"According to the provisions of Article 312 of the Criminal Law, the crime of purchasing stolen goods requires that objectively, the perpetrator has carried out the act of purchasing stolen goods, that is, the perpetrator purchased the stolen goods obtained by others through crime at a corresponding consideration; subjectively , the perpetrator has the intention to buy stolen goods, that is, the perpetrator knows that the object he is buying is stolen goods obtained from crime but still purchases it..." Fang Yi explained.

"But I really didn't know that the Audi car I bought was stolen goods!" Gu Jun shouted with an aggrieved look.

Yun Qiao glanced at him and thought: Pretend, pretend as hard as you can, it would be a pity not to compete for an Oscar for this acting skill!

"Whether you knew it or not is not your decision, nor is my decision. The court will make a judgment based on the evidence on record and legal provisions.

In this case, there is sufficient evidence to prove that the vehicle involved is a stolen vehicle and stolen goods. Don’t you deny this? "Fang Yi asked.

The father and son opposite did not speak and nodded.

"Previously, Gu Jun said that the Audi car involved in the case was purchased from a man named Zhao Xin at a price of RMB 210,000 at the second-hand car market.

From the point of view of the place where the car was purchased, this kind of transaction was normal, but from the price agreed upon by both parties, it can be inferred that Gu Jun subjectively knew that the Audi car was stolen goods, because the difference between the market price and the transaction price was more than 100,000 yuan. "Fang Yi said.

"What if Zhao Xin is eager to use money and deliberately sells Audi cars at a low price? In reality, there are many such situations. If he is in a hurry to use money and if he is not in a hurry, the price for selling the vehicle may be much different!" Gu Hongqing argued. .

"Yes, the price he asked me was quite high at that time. I negotiated with him to get it to 210,000," Gu Jun added.

"Okay, even so. But the vehicle driving license is fake, don't deny it." Fang Yi felt that there was no need to argue with them, and continued: "I didn't mean to say that, because it involves the facts of the case, you must Give me a reasonable explanation. I don't know what was going on at the scene.

Even if you are good to me now and everyone is good to you, in the end the court will not be merciful! Therefore, we must do a solid job before the court session. "

"Well, Lawyer Fang, I understand what you mean. You are doing this for my son's good. The driving license is indeed fake, and we can't deny it. Just keep talking." Gu Hongqing nodded.

"As long as you understand.

According to the provisions of Article 17 (2) of the "Regulations on Investigating and Handling Cases of Theft and Robbery of Motor Vehicles in accordance with the Law" of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State Administration for Industry and Commerce, the motor vehicle certificate procedures are incomplete or the regulations are obviously violated. , it can be considered that the defendant should have known that the vehicle he purchased was a stolen vehicle.

In this case, the Audi car involved had no transaction voucher, nor had it been registered (the license plate of the car was fake, and the driving license was forged) and the transfer procedures were not completed. It obviously belongs to "incomplete document procedures" and is in compliance with the "Regulations on Investigating and Handling Cases of Theft and Robbery of Motor Vehicles According to the Law" The provisions of Article 17(2) of the Provisions. "After Fang Yi finished speaking, he looked at the Gu family and his son, hoping that they could tell the truth.

"But...Lawyer Fang, I was deceived. I was deceived by Zhao Xin. I gave him a deposit and he asked me to drive the car and gave me a driving license. I really didn't know that when I bought the car. Those are stolen goods..." Gu Jun said with a grimace.

"I am willing to believe what you say, but the authenticity of your car purchase process... the court will probably not believe you." Fang Yi said with sincerity.

"Why?" Gu Jun stared at Fang Yi with ignorant eyes, as if he wanted to see the answer from his face.

"We have reviewed the case file and found that after you were arrested, the public security organs made three interrogation transcripts of you. In these three transcripts, your account of the car purchase process was basically consistent. Generally speaking, your account has a higher credibility. However, the judicial authority may not accept your argument for the following reasons:

1. The public security organs and the procuratorate went to the second-hand car trading market to investigate and collect evidence, but the man named "Zhao Xin" you mentioned was not found in the second-hand car trading market. Moreover, there is no transaction certificate in this trading market that can prove the vehicle purchase and sale between you and ‘Zhao Xin’.

Therefore, the defense you mentioned before about purchasing the vehicle involved in the case at a motor vehicle trading market cannot be supported by evidence and cannot be established. There is doubt as to how the Audi car came from.

2. After you and 'Zhao Xin' agreed to buy an Audi car at a price of 210,000 yuan, you proposed to test drive the car, and the other party asked you to pay a deposit of 100,000 yuan. After the test drive, you would pay the balance and go through the transfer procedures. After receiving the money, The other party issued you a receipt and handed you the vehicle driving license.

But when the police asked you for the receipt, you claimed that you had forgotten where you put the receipt.

Based on the above situation, it can be seen that the transaction involving the Audi car involved neither transaction documents nor receipts, and the key witness Zhao Xin has not been found. This transaction is contrary to the rules and common sense of commodity trading. The public prosecutor's office and the court will consider what you say to be doubtful and not very credible. "Fang Yi explained.

"I think the transaction is normal! I did the transaction out of trust in the second-hand trading market. Although there is no transaction document, the car is in my hands. I gave him money and he let me test the car. What's the problem? Really? I really don’t know what’s going on with that one named Zhao Xin." Gu Jun argued.

"Is the transaction really normal? The transaction of Audi cars is not a general commodity transaction. If you are a minor with no knowledge of commodity transactions, no life experience, and no ability to judge, I definitely agree with you.

But you are not. Before you bought the Audi car, you had just sold your own BMW car at the same trading place. You know how to conduct transactions and have certain experience. And according to the evidence in the case, you don’t know Zhao Xin. How can you trust anyone in the huge second-hand car trading market? Fang Yi asked, staring into Gu Jun's eyes.

Gu Jun was a little panicked and didn't know how to explain. Fang Yi knew that as long as he put a little more pressure on him, he might collapse. After all, young people have little experience.

"When Zhao Xin did not provide the motor vehicle transaction certificate from the second-hand car market, and you could not confirm whether the delivered Audi car had rights and quality defects, you gave the other party 100,000 yuan with just a receipt. You Don't you think your excuse is counter-intuitive?

To take a step back, even if you handed over 100,000 yuan to the other party at that time, as the only evidence to prove the car purchase transaction, from a common sense point of view, you cannot not keep it properly.

This case took less than half a year from the time you bought the car to the incident, but you said you couldn't find the receipt. Needless to say, I'm a lawyer. Even if you pull a random person over from the street, he won't believe you. The judges of the court hear so many cases every year. There are many cases, what kind of situation has he never seen? He will definitely doubt the authenticity of what you said? So your defense fails. "After speaking, Fang Yi leaned on the chair and looked at the other party expressionlessly.