Lawyer's character

"First of all, the 'activity' here should be a dynamic or static form whose external performance meets the objective requirements of a certain crime. Whether it meets the objective requirements of a crime should be based on the judgment standards of ordinary people in society. In addition, this kind of 'activity' also To infringe on the interests protected by criminal law is socially harmful.

Secondly, this 'criminal activity' is not equivalent to a 'crime'. It does not require that the criminal activity fully conforms to the subject and object of the crime and the subjective and objective elements of the crime, nor does it require that the social harm of the behavior must reach the level of criminal illegality and punishment. severity.

Let me give you an example. For example, if the perpetrator sees A chasing B with a knife on the street, and he steps forward to stop him, he should be deemed to be in compliance with "preventing other people's criminal activities." As for whether A subjectively intends to kill or injure, and whether A finally chops B to death or causes more than minor injuries, it does not affect the fact that A's behavior meets the objective requirements of the crime of intentional homicide or intentional injury. in the form of expression.

At this time, based on A's objective behavior and the situation in which B's person is about to suffer serious harm, it can be judged that A is committing a crime of intentional homicide or intentional injury. As for whether A has reached the age of criminal responsibility, whether he is a mental patient, and whether other constituent elements are all met, and whether A is later not held criminally responsible because the circumstances are obviously minor, the statute of limitations for prosecution has expired, he was pardoned, he surrendered for meritorious service, etc. It does not affect the determination that A's conduct is a 'criminal activity'.

In this case, the defendant Kong Xusheng discovered that the thief was stealing other people's wallets and stopped him. Although the judicial authorities did not hold the thief criminally responsible for his behavior in the end, the behavior infringed on the property interests of the victim and was socially harmful, and The external manifestations that objectively meet the objective requirements of the crime of theft should be regarded as "criminal activities" in the meritorious service of "preventing other people's criminal activities".

2. Kong Xusheng’s behavior prevented the continuation of criminal behavior.

The "prevention" in "preventing other people's criminal activities" not only requires the act of "stopping", but also requires the effect of "stopping", that is, other people's criminal activities stop, or do not continue within a specific time and space, or legal interests are violated The condition or result is controlled or eliminated in a timely manner.

In judicial practice, if the perpetrator actively blocks other people's criminal activities, but does not have the actual effect of objectively stopping the criminal activities due to being alone or due to accidents, etc., then it cannot be regarded as meritorious service.

However, in actual sentencing, the court will generally consider the perpetrator's degree of involvement and role in preventing criminal activities and other specific circumstances, and use this as a discretionary circumstance for a lighter punishment.

3. “Others” in “preventing others’ criminal activities” include both natural persons and units.

Natural persons among them are not subject to restrictions on the criminal liability capacity of criminal subjects, including those who have no criminal liability capacity or have limited criminal liability capacity due to age, mental state and other reasons.

In this case, the thief caught by Kong Xusheng who was carrying out theft activities fell into this situation.

4. "Others' criminal activities" must have a causal relationship with the blocking behavior, that is, the criminal activity must be stopped because of the intervention of the blocking behavior. In this case, it was Kong Xusheng’s intervention that led to the termination of the theft.

5. ‘Preventing other people’s criminal activities’ must be done on the spot, with specific time and space restrictions. Kong Xusheng's behavior in catching the perpetrator of the theft just complied with the above restrictions.

To sum up, in this case, the defendant Kong Xusheng stopped the theft activities of a thief who stole other people's wallets while he was on bail awaiting trial. Later, because the thief did not reach the age of criminal responsibility, the public security organs did not handle it as a criminal case.

Although the perpetrator of the theft does not meet the requirements for establishing a criminal subject, he can become the subject of the "criminal act" in the meritorious service of "preventing another person's criminal act".

The perpetrator's behavior of stealing other people's wallets meets the external manifestations of the objective requirements of the crime of theft. The stolen bag contains 20,000 yuan in cash, which has reached the prosecution standard for the crime of theft, and the amount is huge, which is socially harmful. Moreover, behaviors that objectively infringe on the interests protected by criminal law fall into the category of "criminal activities" within the meritorious service of "preventing other people's criminal activities".

Therefore, Kong Xusheng stopped the theft on the spot to protect the victim’s property interests from infringement. Kong Xusheng’s behavior constituted meritorious service. "Fang Yi's mouth was flying up and down, and he was foaming at the corners of his mouth.

Zhou Ying looked at Fang Yi. She drafted the lawyer's opinion and Fang Yi revised it. She naturally knew how much content was in it. She didn't expect that Fang Yi could expand on so much content and speak clearly and clearly. She really wanted to open Fang Yi's brain and see what it looked like.

Although Prosecutor Liu didn't say much after that, he was very surprised by Fang Yi's explanation. He didn't expect the famous lawyer Fang to be so sarcastic.

"Lawyer Fang, can you print out a copy of what you just explained to us? We need to have a meeting to discuss this matter. The determination of meritorious service has a certain impact on the sentencing of the defendant, so we have to be cautious." Prosecutor Wang's meaning is very clear , we will bring the lawyer’s opinions to the meeting for discussion. As for the result... we will wait for notification.

Fang Yi understood that the Inspector Wang in front of him had been sprayed by him!

After exiting the gate of the Procuratorate, Zhou Ying smiled: "Lawyer Fang, it looks like there's something going on."

When Kong Xusheng's case came to trial, it was Zhou Ying who defended him.

The opinion of the procuratorate is that it recommends that Kong Xusheng’s conviction be upheld, and that Kong Xusheng’s actions in preventing others from committing crimes should be deemed to have immediate circumstances.

After the trial, the collegial panel announced the verdict in court.

The Intermediate Court held that the appellant Kong Xusheng, as a state employee, took advantage of his position to accept bribes from others and seek benefits for others, and his behavior constituted the crime of accepting bribes.

In view of Kong Xusheng's meritorious performance in preventing others from committing crimes, his punishment will be reduced in accordance with the law. In accordance with Article 93, Paragraph 2, Article 385, Paragraph 1, Article 386, Article 383, Paragraph 1, Item 1, and Article 59 of the Criminal Law Article 64, Article 4 and 5 of the Interpretation of the Supreme People's Court on Certain Issues Concerning the Specific Application of Laws on Surrender and Meritorious Service and Article 189, Paragraph 3 of the Criminal Procedure Law , the verdict is as follows:

1. Uphold the second item of the district court’s criminal judgment No. 234, that is, the returned illicit money of RMB 300,000 shall be confiscated, and the illicit money that has not yet been returned shall be recovered;

2. The first item of the district court’s Xingchuzi Criminal Judgment No. 234 was revoked, that is, the defendant Kong Xusheng was sentenced to ten years in prison for accepting bribes, and his property was confiscated in the amount of RMB 100,000;

3. The appellant (defendant in the original trial) Kong Xusheng was convicted of accepting bribes and sentenced to nine years in prison, with his property of RMB 100,000 confiscated.

Kong Xusheng's sentence was reduced from ten years' imprisonment to nine years' imprisonment. Although it was not much, one less year of imprisonment was one year.

Although the final result was not as good as Su Cuirong expected, when Su Cuirong recalled Fang Yi's words, she felt that Fang Yi was relatively reliable in doing things, at least he did not deceive herself. (End of chapter)