Lawyer's character

At this moment, Feng Lin's son Feng Danian was brought to the opposite side of Fang Yi by the police and sat down.

The older Feng Da is tall and thin, with a long face and a big nose. Although the facial features are not well matched, he does not look unpleasant.

"Feng Danian, I am lawyer Fang Yi from Wanhua United Law Firm, and this is my assistant Zhou Ying. Do you know Feng Lin?" Fang Yi asked.

"I know him, he is my dad." Feng Danian said with his head lowered.

"Your father Feng Lin has entrusted us as your defender. If you agree, sign the entrustment procedure." Fang Yi said and handed the entrustment procedure to the other party.

"I agree." Feng Danian took the handed document and nodded.

"Do you know what the prosecutor's office has charged you with?" Fang Yi asked.

"I know, robbery." Feng Danian said.

"Do you agree with this crime?" Fang Yi asked.

"I don't know if it counts as robbery. I don't know much about this." Feng Danian bit his lip and said.

"Do you remember what happened?" Fang Yi asked.

"Remember..." After a moment, Feng Danian recounted the incident.

At the beginning of the year, Feng Danian was asked by a friend to exchange US$80,000 into RMB. During the process of exchanging US dollars, he met the victim He Shengguo.

After the deal was concluded, the two sat together and chatted. He Shengguo patted his chest and told him that he had been in this industry for more than ten years. In recent years, business has not been good. Many colleagues have changed careers, so Feng Danian should come to him if he needs it in the future. , he has sufficient funds in his hands.

Feng Danian felt that He didn't seem to be telling lies, so he had a crooked idea in his mind. He thought that the money in this business might not be visible to the public, and it was a cash transaction, so he planned to blackmail the other party.

So in May, Feng Danian rented a small office on the eighth floor of an office building in the county below, and then renovated the office and replaced it with security windows and security doors.

Later, Feng Danian called He Shengguo and told him that he had 40,000 US dollars in hand and urgently needed to exchange them for RMB.

After some haggling, the two agreed on the exchange price and agreed to do the transaction at Feng Danian's newly rented office the next afternoon.

In the afternoon of the next day, He Shengguo came to Feng Danian's office with 150,000 yuan in cash and handed the canvas bag containing the cash to Feng Danian.

After Feng Danian counted the money, he put the money into a prepared black plastic bag, poured a cup of tea for He Shengguo, then came to a metal cabinet, took out the key and opened the cabinet. There was a small safe inside.

Because there had been transactions before, He Shengguo felt more at ease. When he saw Feng Danian opening the safe, he sat on the sofa and drank tea, thinking about making another profit this time.

At this moment, Feng Danian grabbed the black plastic bag, ran out of the door, slammed the security door, then ran downstairs and drove away.

Feng Danian's operation confused He Shengguo, who was leisurely drinking tea. When he woke up, he realized that he had been cheated. At this time, Feng Danian had disappeared at the door.

He Shengguo hurriedly got up and chased after him, but when he came to the security door, he found that there was no door handle inside the security door, and there was no device to open the door. There was only a keyhole. The security door had been modified.

He was so anxious that he wanted to jump out of the window and chase after her, but the eighth floor was too high. There was a small window on the wall, but it was equipped with a security net. It was already an hour later when he called someone.

Although he knew what he was doing was illegal, he couldn't let go of the 150,000 yuan. How could He Shengguo swallow his breath after being hacked? In the end, he chose to call the police.

A week later, the police captured Feng Danian at the train station. Feng Danian confessed to the crime and handed over all the 150,000 he robbed.

"What did you do before?" Fang Yi asked.

"It can be considered the financial industry." Feng Danian said.

"Do you work in finance? Work in a bank?" Fang Yi asked.

"No, I do it myself. I usually do some patchwork work, and occasionally help others exchange foreign exchange. If I have something to do, I can be regarded as a freelancer in the financial industry." Feng Danian thought for a while and said.

Oops! You really know how to beautify your career. What kind of job is this? It’s almost the same as unemployment. According to the new term, it’s flexible employment.

"Did you install the security door at the crime scene specially?" Fang Yi asked.

"Yes, I installed it after I rented the house. I also modified the door handle." Feng Danian said.

"Why do you do this?" Fang Yi asked.

"It's just to trap He Shengguo and prevent him from chasing me. It's all because I was blinded by lard..." Feng Danian's face was filled with regret, and he didn't know whether it was true or not.

The next afternoon, Zhou Ying stood in front of the whiteboard in Fang Yi's office, frowning at the elements of the Feng Danian robbery case written on the whiteboard.

"How's it going? Have you thought about it?" Fang Yi asked, sitting on a chair and holding a tea cup.

"Judging from the means of committing the crime, Feng Danian did not use any violence or threaten violence during the crime, but took advantage of the victim's unpreparedness to suddenly take away other people's property, which is consistent with the characteristics of the crime of robbery.

However, in this case, Feng Danian fabricated facts, causing the victim He Shengguo to fall into a misunderstanding and voluntarily deliver the money to Feng Danian. In other words, Feng Danian actually did not have U.S. dollars in his hands to exchange. He used fictitious facts to make the victim "voluntarily" hand over the property to him, which was consistent with the characteristics of the crime of fraud.

The procuratorate charged Feng Danian with robbery, which I think is reasonable. After all, Feng Danian modified the doors and windows of the rented office.

Especially after the anti-theft door was hit, it couldn't be opened inside. This was not in line with usage habits. The entire office was his tool for committing crimes. Feng Danian used the office to trap the victim, making him lose the ability to resist, and snatched away ten items on the spot. Fifty thousand yuan in cash, which is consistent with the characteristics of robbery.

To be honest, I studied until past one o'clock in the morning yesterday, but I still didn't understand what crime should be charged in this case. Lawyer Fang, can you give me a hint, what crime should I be convicted of? Zhou Ying tilted her head and said helplessly.

"Good guy, you're going to give me a multiple-choice question. It's not easy to choose one out of three! It shows that you have really put in a lot of effort and your spirit is commendable. It deserves encouragement." Fang Yi said cheerfully.

In his opinion, it was pretty good for a trainee lawyer to be able to analyze the case to this extent.

"I will analyze the crimes of robbery, fraud, and robbery for you, and then you can judge the crimes in this case.

These three crimes are all for the purpose of illegally possessing public and private property. The objects of the crime are public and private property. Anyone can become the criminal subject of the above three crimes. The difference lies in the different criminal means and methods of the three crimes:

First, the crime of robbery. Robbery is when the offender takes advantage of the victim's unpreparedness and openly seizes public or private property held or controlled by the victim. The victim often loses control of the property without warning, but his own freedom of movement is not restricted.

Its characteristic is that the perpetrator robs and runs away from the scene quickly, leaving the victim unable to react in time and losing his property. For example, a speeding robbery will generally be classified as a crime of robbery if no murder weapon is carried.

Second, the crime of fraud. Fraud is when the perpetrator uses methods to fabricate facts or conceal the truth, causing the victim to have a wrong understanding, believe it to be true, and then voluntarily hand over property. The perpetrator will not use violence against the victim, nor will he restrict the victim's personal freedom.

Third, the crime of robbery. We are often exposed to this crime. Robbery is when the perpetrator uses violence, coercion or other methods against the victim to make the victim lose the ability to resist, seize property on the spot or force the victim to hand over property.

For example, robbery with a knife, robbery with a murder weapon, or situations where the victim is discovered by the victim during the robbery, the two parties compete for property, and the perpetrator uses violence to suppress the victim and seize the property, all are considered robbery. "Fang Yi explained.

"You just said that in addition to violence and coercion, 'other methods' will also be used during robbery. What does 'other methods' mean?" Zhou Ying asked, blinking her big eyes.

“‘Other methods’ used in robbery generally refer to any means other than violence and coercion used by the perpetrator to make the victim unaware or unable to resist, except for violence and coercion.

For example, using sleeping pills or narcotic drugs on the victim, or giving the victim alcohol to make the victim in a drunken state, etc. The key is to see whether the perpetrator's method caused the victim to lose the ability to control the property, and whether it caused the victim to lose the freedom of will to resist the perpetrator's robbery of property. and freedom of movement. "Fang Yi said.

"Oh, I seem to understand." Zhou Ying suddenly realized.

Fang Yi smiled and continued: "In this case, Feng Danian lied that he had U.S. dollars in his hand that needed to be exchanged, and used fictitious facts to gain the victim's trust. He did use fraud at the beginning.

However, during the transaction, after the victim He Shengguo handed over the money to Feng Danian, the latter did not give the US dollars to the victim He Shengguo as agreed, resulting in the transaction not being completed.

Under normal circumstances, if Feng Danian could not get the US dollars, the victim He Shengguo could terminate the transaction at any time and get his money back, because the money was not out of sight of the victim and the victim did not lose control of the money, at least in his own opinion. Is such that. Afterwards, Feng Danian took advantage of the victim's unpreparedness and stole the victim's money on the spot.

It can be seen from this point that the victim did not voluntarily hand over the property to Feng Danian because of a misunderstanding, nor did Feng Danian illegally obtain the victim's money through deception, so Feng Danian's behavior did not meet the elements of the crime of fraud.

In addition, at first glance, when Feng Danian robbed the money, it seemed that he took advantage of others and took it openly. He did not directly impose violence or threaten violence on the victim before and after.

But after careful analysis, you will find that Feng Danian was able to succeed because he carefully set up a 'mechanism' in advance, that is, he remodeled the office so that the victim could not open the door from inside the house, thus causing the victim to be trapped in the office. , in a state where he cannot resist and cannot take timely and effective measures to regain his property.

Feng Danian's behavior fully meets the criteria for identifying "other means" in the crime of robbery, so he should be convicted and punished for the crime of robbery. "

"Oh! I have been thinking about this case yesterday, but I always felt that it was foggy and hazy. This time I understand everything." Zhou Ying smiled like a flower.

"Actually, this is just a layer of window paper. If you don't pierce it, you won't be able to figure it out. Once you pierce it, everything will be clear. It's not difficult." Fang Yi said with a smile.

Before the trial, Fang Yi went to the detention center again and discussed the defense plan with Feng Danian. Although Feng Danian was afraid of being sentenced, he knew that he had made a mistake and retribution would come sooner or later.

"Lawyer Fang, how many years will I be sentenced?" Feng Danian couldn't help but ask the question that had been tangled in his heart for a long time.

"According to the provisions of Article 263 (4) of the Criminal Law, if you robbed RMB 150,000 in cash and the amount was extremely large, you may be sentenced to more than ten years in prison, life imprisonment or death, and Penalty or confiscation of property.

Of course, since all the stolen money has been recovered and returned to the victim, and no economic losses have been caused, the court may impose a lighter punishment at its discretion, and most likely will not impose life imprisonment or the death penalty.

I already communicated with your father yesterday, and we will defend you. "Fang Yi said.

Feng Danian nodded and said no more.

During the trial, Feng Danian acted very sincerely, confessed his crime and accepted all the facts of the case. The prosecutor recommended that he be sentenced to fifteen years in prison. When he heard the prosecutor's recommended sentence, Feng Danian's heart trembled. Fifteen years!

Fang Yi defended Feng Danian as a minor offender. In view of the fact that the defendant Feng Danian showed remorse after being brought to justice, and all the stolen money had been recovered and returned to the owner without causing any economic losses, it was recommended that the court give him a lighter punishment.

After the trial, the presiding judge pronounced the verdict in court. The verdict not only surprised Feng Danian, but also Fang Yi.

The Intermediate People's Court held that the defendant Feng Danian's behavior of confining others in a room set up by him for the purpose of illegal possession, making them lose the ability to resist, and then possessing other people's property constituted the crime of robbery.

In view of the fact that the defendant Feng Danian had a good attitude of pleading guilty after being brought to justice, showed remorse, and all the stolen money has been recovered and returned to the owner without causing any economic losses, a lighter punishment may be given as appropriate.

The Intermediate People's Court finally ruled that the defendant Feng Danian was guilty of robbery and was sentenced to five years in prison and fined RMB 10,000.

Five years! Fang Yi was surprised.

Feng Danian was overjoyed. Unexpectedly, the court sentenced him to five years. This was much less than the sentence recommended by the prosecutor and the sentence stated by the lawyer. He couldn't help but despise the prosecutor and Fang Yi, feeling that their level was no more than this.

The two prosecutors on the opposite side of the prosecutor's bench looked unhappy, but they didn't say anything. After the verdict was pronounced, they packed up and left the court.

When Fang Yi walked out of the court door, Feng Lin walked over to him.

"Lawyer Fang, thank you." Feng Lin was quite satisfied with the verdict.

"You're welcome, this is what we should do. Although the case has been decided, it will not take effect until the criminal judgment is issued and the appeal period has passed. I don't know if the procuratorate will protest." Fang Yi said.

"What if we appeal? Is it possible for my son's sentence to be lowered?" Feng Lin thinks that the shorter his son's sentence, the better.

"I think it's unlikely. Do you want to appeal?" Fang Yi said.

"I haven't thought about it yet." Feng Lin said.

He didn't take Fang Yi's words seriously. Fang Yi told him before that the court might sentence Feng Danian to more than ten years in prison, but in the end the Intermediate Court only sentenced him to five years. He felt that although Fang Yi had a great reputation, what he said was not so accurate.