Lawyer's character

"The court's case filing and trial are separate. When filing a case, it only conducts a formal review and does not judge whether it constitutes a crime. Only when it enters the trial stage will the judge review the entire case, look at the evidence and materials, and finally determine whether the defendant has committed a crime.

To put it bluntly, when a private prosecution case is filed, the judge only looks at whether there is a complaint and whether evidence has been submitted in accordance with the regulations. It is like going to the Industrial and Commercial Bureau to apply to register a company. All you need to do is fill out the required forms and submit them. . "Fang Yi explained.

"Oh, then I understand. In other words, not all criminal cases that can be filed may be found guilty." Ma Liangyou said with a look of understanding.

For Ma Liangyou, an honest and humble small business owner, he always thought that the court had already filed a case. In all likelihood, he would be found guilty in this matter. Otherwise, how could the court possibly file a case.

When he received the notice from the court, his hands were shaking and his legs were a little weak. After hearing what Fang Yi said today, I felt much more at ease, at least I wasn't as scared as before.

"Have you discussed compensation with Boss Liu after the incident?" Fang Yi asked.

"I mentioned it, how could I not mention it. I said to compensate him for all the losses and asked him to withdraw the lawsuit, but he refused, saying that I lied to him, and wanted to sue me no matter what. I know that he was holding his breath, hey! This matter is causing trouble. Yes." Ma Liangyou said dejectedly.

"How is the business at home? Is the factory still running?" Fang Yicha changed the topic.

"The factory is still open, but after my son started doing this, there are only a few old customers left. Who else dares to entrust me with processing, because they are afraid that my son will secretly sell the products and delay other people's business." Ma Liang The friend sighed.

Fang Yi looked at Ma Liangyou and said to himself: If the credibility is gone, it will not be easy for the company to recover! It's not worth it to lose your credit for a small profit.

"Lawyer Fang, do you think my son will be arrested?" Qian Qin asked suddenly.

"Why do you ask that?" Fang Yi looked at her doubtfully.

"When I went to the police station to cancel the theft case, there was a policeman who had a good relationship with me. He knew the situation of my family and said that my son might be suspected of theft. I was afraid that Boss Liu would uncover this matter." Ma Liangyou said with a worried look on his face. .

"First of all, Boss Liu is suing you for embezzlement, but your son's theft in this case has to be mentioned. Without mentioning it, there is no way to explain the whole thing clearly.

Theft cases are public prosecution cases, not private prosecution cases. Generally speaking, if during the trial of the case, the judge discovers that there is a possibility of criminal conduct, the case may be handled separately.

How much are these stainless steel putty knives worth? "Fang Yi explained.

"Fifty-six thousand yuan. Lawyer Fang, what should we do?" After Qian Qin finished speaking, the couple looked at Fang Yi with panic in their eyes.

"From your statement, your son secretly stole property of huge value. His behavior does meet the elements of the crime of theft, but it may not necessarily be treated as the crime of theft." Fang Yi said

"Why?" Ma Liangyou and his wife said in unison.

"I personally think that Ma Xu, without your knowledge, resorted to secret theft methods to steal and sell the stainless steel putty knife that the private prosecutor, Boss Liu, entrusted you to process and actually took possession of. Although the form completely complies with the constitutive characteristics of the crime of theft, Based on the circumstances of this case, the court generally will not pursue criminal liability for Ma Xu’s theft.

The reason is: Although the stolen stainless steel putty knife is the property of the private prosecutor, Boss Liu, he entrusted you to process and keep it. According to the privity of the contract, you should be liable for the damage or loss of the stainless steel putty knife, and Ma Xu is your son, and this case is actually a theft case that occurred within the family.

In judicial practice, courts generally adopt a cautious attitude in handling such theft cases.

The "Answers to Several Questions Concerning the Specific Application of Laws in the Current Handling of Theft Cases" jointly issued by the Supreme People's Court and the Supreme People's Procuratorate in 1984 stipulates that when handling specific cases, those who steal from their own homes or close relatives must be treated as committing crimes in society. to differentiate.

The "Interpretations on Several Issues Concerning the Specific Application of Laws in Handling Theft Cases" formulated by the Supreme People's Court and the Supreme People's Procuratorate in 1992 clearly stipulates that stealing property from one's own home or property from close relatives generally does not need to be treated as a crime; those who are indeed investigated If criminal liability is necessary, the handling should be different from that of committing crimes in society.

After the "Criminal Law" was revised in 1997, the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases" formulated by the Supreme People's Court continued the spirit of the above interpretation, stipulating that stealing one's own property or the property of close relatives is generally not considered a crime. For those who really need to be held criminally responsible, the punishment should be different from those who commit crimes in society.

The main reasons why courts must carefully handle theft cases that occur within the family or between close relatives are:

First, this kind of theft infringes on the common property of the family or the property of close relatives. The existence of kinship relationships dilutes the owner’s strong need for property rights protection and the resulting conflicts of interest to a certain extent. Therefore, it is different from what happens in society. The social harm of other thefts is quite different, and generally they are not crimes that seriously endanger social security. Treating them differently is in line with the spirit of the policy of combining leniency with severity.

Second, based on my country’s traditional concept of family ties, people generally do not believe that stealing family or relatives’ property constitutes a crime. After a case occurs, they will generally forgive the thief and do not want to pursue legal responsibility, let alone criminal responsibility. "Fang Yi was interrupted by Qian Qin when he said this.

"Lawyer Fang, you are absolutely right. We do not want to pursue my son's criminal responsibility. My son wants to make more money for the sake of his family." Qian Qin was a little excited.

"Stop talking and listen to Lawyer Fang." Ma Liangyou grabbed his wife and scolded her.

"I'll go on.

Third, such cases are generally not treated as crimes. Objectively, the thief is given a chance to reform, and there is generally no danger of re-offending. It is also conducive to maintaining family stability and unity and harmony among relatives.

To sum up, I think that although the value of the stainless steel putty knife stolen by Ma Xu in this case is more than 56,000 yuan, which is a huge amount, in view of the loss caused by the theft of the stainless steel putty knife, you will ultimately bear the liability for compensation, and you also We are willing to actively compensate private prosecutor Boss Liu for his economic losses, and the social harm of his theft will be greatly reduced.

From the perspective of implementing the spirit of the above judicial interpretations and the criminal policy of combining leniency with severity, not pursuing criminal liability for the crime of theft is conducive to achieving good social effects of case handling.

Therefore, I think there is a high probability that the court will not pursue criminal liability against your son Ma Xu. "After Fang Yi finished speaking, he looked at the two people opposite.