Lawyer's character

At that time, there were cables of higher value in the warehouse, but they were not stolen due to difficulty in moving them. For this reason, Yang Zugang also summarized his experience after he succeeded.

After Yang Zugang and others succeeded in stealing, they contacted Yan Yunzhe and transported the stolen goods to a designated location in the suburbs. After getting the information, Yan Yunzhe contacted Zhang Han, who rushed to the transaction site with 200,000 yuan. Yan Yunzhe asked his co-defendant Bai Shi and others to help load and unload the cables.

After checking and inspecting the goods on site, Yan Yunzhe paid part of the payment to Yang Zugang and his gang. After the transaction was completed, Yan Yunzhe increased the price by 15% on the spot and sold the cable to Zhang Han.

After receiving the goods, Zhang Han immediately paid Yan Yunzhe RMB 200,000. After Yan Yunzhe received the payment, he privately paid a proportion of the RMB to Yang Zugang.

Because Yan Yunzhe and Zhang Han were unable to pay the full payment on the spot, Yang Zugang, Bai Shi and others left the scene with Yan Yunzhe and found a chain hotel to stay while waiting for Zhang Han to pay the remaining payment.

There are rules in the industry. Zhang Han is a local. Yan Yunzhe knows him well and is not afraid of him absconding with money. If Zhang Han swallows this money, Yang Zugang and his gang are not vegetarians.

With the help of Bai Shi and others, Zhang Han shipped all the cables to downstream customers that night and completed the transaction two days later.

After that, Zhang Han paid all the money for the goods in accordance with the previous agreement with Yan Yunzhe. After Yan Yunzhe received the money, he paid the money to Yang Zugang, Bai Shi and others on the spot. Yang Zugang, Bai Shi and their gang divided the stolen money.

The cable factory immediately called the police after discovering that the cables had been stolen. After the police filed the case, they began to organize manpower to investigate.

Bai Shi has a bad habit of gambling. After receiving the stolen money, he spent most of the money on gambling. The police informant felt that Bai Xing's behavior was suspicious and told the police about the situation.

Subsequently, the police arrested Bai Shi on the grounds of gambling. After interrogation, Bai Shi confessed to stealing cables from the cable factory. He immediately confessed Yang Zugang and others, and helped the police capture the relevant personnel. Zhang Han was also arrested.

"I just accepted the dirty guy, so I became an accomplice. I am not with Yang Zugang's gang." Zhang Han's eyes were full of injustice.

"Do you know Yang Zugang and Bai Shi?" Meng Guangda asked.

"I don't know. I'm not on the same page as them. If Lao Yan (Yan Yunzhe) hadn't called me and told me that he had cables for sale, I wouldn't have known that there was such a thing." Zhang Han replied.

"Have you met Yang Zugang's group before the transaction?" Meng Guangda asked.

"No, it was Lao Yan who was in contact before. He was afraid that I would be across the pot, table and kang, so he kept guarding me and not telling me the truth." Zhang Han said with firm eyes.

Looking at Zhang Han's eyes and expression, Meng Guangda felt that what he said was not a lie.

"Lawyer Meng, my situation does not constitute theft. It should be the crime of collecting viscera." Zhang Han looked at Meng Guangda and Yu Wendong.

"Have you studied law before?" Meng Guangda looked at him in surprise, but after thinking about it for a while, he understood. He often does this and has been dealt with before. Naturally, he needs to understand the relevant legal regulations. This is normal.

"Well, I bought a book on criminal law and studied it before." Zhang Han's words confirmed Meng Guangda's guess.

"According to what you just said, your behavior may constitute the crime of concealing criminal proceeds under Article 312 of the Criminal Law. To determine whether co-defendants constitute accomplices, it mainly depends on whether there is conspiracy." Meng Guangda said.

"What do you mean by conspiracy? How do you judge conspiracy?" Zhang Han's eyes were full of curiosity.

Meng Guangda looked at him and thought to himself: The gangsters are not to be feared, but the gangsters are literate. Criminals are starting to learn the law. It’s terrible! But maybe it's a good thing, I hope he can change his ways.

Since people have asked questions, it is the lawyer's obligation to answer the questions, so Meng Guangda needs to explain.

"Generally speaking, judgments are made from three aspects:

Firstly, the time point of prior conspiracy is limited to before the crime is completed. The person who sells stolen goods must have a conscious relationship with the perpetrator of the theft before the crime of theft is completed. If the communication of intent is only after the crime of theft is completed, it does not constitute prior conspiracy. .

Secondly, if the person who sells the stolen goods only knows that the perpetrator of the theft may commit the theft, but does not form a conscious relationship with the perpetrator of the theft before the theft, and conspires with the perpetrator of the theft to sell the stolen goods after the theft is completed, it does not constitute Collusion beforehand.

In the third aspect, as long as the person who sells the stolen goods promises to the perpetrator of the theft before the theft, and after the theft is completed, the perpetrator will purchase and sell the stolen goods obtained from the theft, it can be determined that there is prior conspiracy between the two parties, and the person who sells the stolen goods is not required to be responsible for the time of the crime of theft. , location, method, object, goal and other specific plots are involved in conspiracy or comprehensive understanding.

In this case, the perpetrators of the theft were Yang Zugang, Bai Shi and others. Yan Yunzhe only conspired with Yang Zugang before the theft and agreed to purchase the stolen goods stolen by Yang Zugang and others afterwards. He did not participate in the theft. Therefore, Yan Yunzhe only constituted assistance in the joint theft. The perpetrator is not the perpetrator of the theft. But he remains an accomplice.

You did not meet Yang Zugang and others before the theft, nor did you communicate with them about the sale of the stolen goods. It was only after the theft was completed that Yan Yunzhe contacted you to participate in the sale of the stolen goods, so you do not constitute an accomplice. Of course, that's assuming you're not lying. "Meng Guangda said, staring into Zhang Han's eyes.

"Don't worry, I'm telling the truth. According to you, how many years will I be sentenced?" Zhang Han rolled his eyes and asked.

“In accordance with the provisions of Article 312 of the Criminal Law, generally speaking, those who conceal the proceeds of a crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also be fined; if the circumstances are serious, they shall be sentenced to not less than three years and seven years’ imprisonment. to fixed-term imprisonment of not more than 10 years and to a fine.

In your case, we will defend you as a minor offender and try to reduce your sentence to less than three years. "Meng Guangda said.

"Hey! I didn't expect to hide here and there or not. This is what I am destined to do. Last year I went to Zhang Tiezui to ask for a fortune, and he said that I would be imprisoned this year. At that time, I paid my respects to his 18th generation ancestors in my heart. , Now it seems that what they said is right, you can’t accept it.” Zhang Han sat on the chair like a deflated ball, muttering to himself.

"Is there anything you need me to tell your family?" Meng Guangda asked.

"Please tell my wife, please save some money at home." Zhang Han hesitated and said.

After Meng Guangda and Yu Wendong came out of the County Procuratorate in the afternoon, they took a taxi and walked back. It was already dark when they entered the city. The two did not return to the house and went their separate ways.

…

Fang Yi's household registration had been moved to the city, so he and Yunmei went to the city's civil affairs department to get their marriage certificate. Standing at the gate of the Civil Affairs Bureau, Fang Yi looked at the marriage certificate in his hand and couldn't help but think of more than ten years ago.

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