Lawyer's character

"Oh, I understand." After Tian Xin finished speaking, he looked around and lowered his voice: "Those intern lawyers who intern with us spend all day helping lawyers deliver materials and pick up express delivery, and some of them don't even have case files. You see, we are lucky. But you are the most discerning, and you can learn a lot from lawyer Fang in one year."

"It's not easy to find a good master in charge these days. You have to study hard. Lawyer Huang is quite good. You will be asked to speak during the trial, and you will be asked to write the indictment and defense. I didn't even dare to speak during the trial. , you are much better than me." Zhou Ying smiled.

"Forget it, trainee lawyers have no right to speak in criminal cases. If it were a civil case, I guess Lawyer Fang would have let it go and left it to you." Tian Xin said with a smile.

What Tian Xin said is true. After passing the exam, you need to apply for an internship certificate. The purpose of the internship is to let the veteran lawyers teach the new lawyers how to handle cases step by step and increase their judicial practice experience, just like the masters taught their apprentices in the past. But now this system has become a decoration. Apprentices may not want to learn, and masters may not really want to teach. Most of them are in name only. They all want to get a certificate and make a lot of money, but there is no such big money to make. The number of lawyers is increasing year by year. Over the past few years, hundreds of thousands of lawyers have been concentrated in first- and second-tier economically developed cities, and involution has begun.

The next afternoon, in Fang Yi's office, Zhou Ying took a pen and notebook and analyzed Luo Daying's case.

"... Judging from the entire incident, Luo Daying was robbing, not robbing. He took advantage of the depositor's inattention, snatched the lockbox, and was caught in the process of escaping. There was no public or private robbery by violence, coercion or other methods. The situation of property. This is of the same nature as snatching a gold necklace on the road and then escaping. The defense plan I envision is to defend the crime of robbery.

Article 267 of the Criminal Law stipulates that whoever robs public or private property, if the amount is particularly huge, shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall also be fined or have property confiscated.

Luo Daying robbed 500,000 in cash. If he can be found guilty of robbery and the crime was attempted, the court might sentence him to more than ten years in prison. So I think it is wrong for the prosecution to accuse Luo Daying of robbery. "Zhou Ying said confidently.

"First of all, your work is worthy of recognition. At least you have studied the case and read the laws. But there are a few points that you need to explain. If you can explain clearly, then you can defend according to your defense plan." Fang Yi smiled.

"Say it!" Zhou Ying said eagerly.

"The first point is that Paragraph 2 of Article 267 of the Criminal Law stipulates that anyone who robs with a weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law, that is, convicted and punished according to the crime of robbery. This How do you explain it?" Fang Yi asked.

"Well, I actually checked the judicial interpretation of the point you mentioned.

According to Article 6 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases", "Robbery with a weapon" stipulated in Paragraph 2 of Article 267 of the Criminal Law means that the perpetrator carries Guns, explosives, controlled knives and other instruments that are prohibited by the state are carried by individuals for robbery, or other instruments are carried for the purpose of committing crimes.

I understand that "carrying a murder weapon" can include two situations:

1. If the perpetrator carries firearms, explosives, controlled knives and other equipment that are prohibited by the state for personal robbery, he will be convicted and punished for robbery.

2. If the perpetrator carries "other equipment" other than the "equipment" prohibited by individuals from carrying in the above-mentioned countries to rob, he should also be convicted of robbery.

During the incident, although Luo Daying was carrying an ax, he never took it out and used it. And axes are not regulated knives. Therefore, Luo Daying's behavior should not be convicted of robbery. Finished answering. Zhou Ying said with a confident smile.

"Well, it is true that axes are not among the instruments prohibited by the country, and the defendant Luo Daying never used an ax during the robbery of the lockbox. This is indeed true.

But why does Luo Daying need to bring an ax when she goes to the bank? He is not doing carpentry work. How to explain its rationality? "Fang Yi looked at Zhou Ying with a smile.

Zhou Ying was startled. Her attention was all on the law and she didn't consider the rationality of carrying an ax to the bank. She explained it as self-defense, fearing that others would rob her? It obviously doesn't make sense that he went to the bank just to get money. The judge is no fool.

Her brain couldn't react: "This..."

"Axes are not portable items, right? Some people carry keys and mobile phones. I don't see anyone carrying an ax when they go out, right! I'm afraid the only people who have this hobby are the Ax Gang in the movie "Kung Fu".

It is unreasonable for an adult to carry an ax on his body for no reason! If you can give me a reasonable explanation, we can defend it this way. "Fang Yi said with a smile.

"Then... Luo Daying didn't use it. The ax must not be displayed, so that it can be classified as robbery? He never took out the ax from beginning to end!" Zhou Ying frowned.

“Your idea is obviously inconsistent with the original intention of the legislation.

Because it is a typical crime of robbery to intentionally display the murder weapon you carry. Returning to this case, if Luo Daying directly took out an ax, came to the victim and shouted "robbery", Luo Daying's behavior should be directly applied to the conviction and sentencing of Article 263 of the Criminal Law (Crime of Robbery).

Paragraph 2 of Article 267 of the Criminal Law stipulates that anyone who robs with a weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law. This article is specifically designed for situations like the Luo Daying case. Otherwise this rule would be meaningless. Unless..." Fang Yi stopped midway.

"Unless what?" Zhou Ying asked.

"Unless you can prove that the ax carried by Luo Daying was not prepared for committing crimes." Fang Yi said, touching his chin.

"I can't prove it." Zhou Ying shook her head. She was feeling a little down.

"Don't be discouraged. It's your first time analyzing a case. It's already very good to be able to do this. Remember that when analyzing cases in the future, you must not only consider legal issues, but also rationality and daily habits. Don't be too dogmatic.

But I agree with you on one point. This case may constitute an attempt, not a completion. "Fang Yi said with a smile.

"Lawyer Fang, why does it 'may' constitute an attempt?" Zhou Ying asked.

“Because the defendant was caught on the spot carrying a murder weapon, whether the robbery constituted a completed or attempted robbery has always been a controversial issue in criminal law circles.

My personal opinion is that Luo Daying's case was an attempt. Judging from the case file materials, the procuratorate determined that it was a completed case. However, it is difficult to say whether the court will treat it as completed. From the perspective of uniform law enforcement, it is possible that the court will also determine it as completed. "Fang Yi explained.

"I didn't expect that such a simple case would involve so many problems." Zhou Ying was a little confused.