Lawyer's character

"...Lawyer Fang, let me tell you the truth. Because of this matter, we have not spoken much for a week. My husband was injured, and I feel heartbroken.

Although my son Tang Renguo is not my biological child, I have raised him since he was more than one month old. Although we are not flesh and blood, I feel sorry for him!

Although this child is not very nice to his father, he is still very nice to me.

In fact, we as a couple also have a responsibility. Since having his younger brother, we have neglected to care about him. Especially his father, who doesn’t want to hug someone after he’s kissed him. He obviously prefers the second child when talking and doing things. It’s normal for him to feel unbalanced.

I feel ashamed of him, so I want to hire the best local lawyer to defend him, so that the people in the village will not stab him in the spine, and my conscience will not be able to bear it! "Jia Zongxia's expression was a little dull, with sadness in her eyes.

"Well, I understand. Can your husband give him a letter of understanding?" Fang Yi then asked.

"I'm afraid I can't get out of this. My husband wants the court to shoot him immediately." Jia Zongxia shook her head.

"Well, I don't think your son Tang Renguo's case constitutes a crime of murder, but a crime of robbery." Fang Yi said.

"Ah! You want to say murder, I can understand, after all, he beat his father seriously injured, but robbery... It is true that he took money from the small supermarket at home, but it was his own money, so it is considered robbery. ?" Jia Zongxia looked at Fang Yi very puzzled, waiting for the other party to give a reasonable explanation.

“Robbing one’s own family’s money generally does not constitute robbery.

According to Article 7 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery" (Fa Fa [2005] No. 8), for personal use, obtaining family members or close relatives by means of violence, coercion, etc. Property is generally not convicted and punished for robbery. If it constitutes other crimes, it will be handled in accordance with the relevant provisions of the criminal law.

However, those who instigate or collude with others to use violence, coercion or other means to rob the property of family members or close relatives may be convicted and punished for robbery.

When I went to meet with him, your son told me that he went to a small supermarket with a friend nicknamed Huang Mao and committed the money robbery. Therefore, it met the requirements of collaborating with others to use violent means to rob family members' property, and he could Punished as robbery. "Fang Yi explained.

"Ah, robbing one's own money emotionally is also a crime!" Jia Zongxia's eyes were wandering, and she suddenly asked: "Then... Which one will be sentenced more severely, robbery or intentional homicide?"

"The crime of intentional homicide is a felony. It can be seen from the sentencing in Article 232 of the Criminal Law that the order of sentencing for intentional homicide is from severe to light. The death penalty is considered first, then life imprisonment, and then more than ten years. More than three years is the general idea of ​​​​judges in judging cases and sentencing.

As for the crime of robbery stipulated in Article 263 of the "Criminal Law", the sentencing order is from low to high (general crimes are arranged in this way). The first is fixed-term imprisonment of not less than three years but not more than ten years, and then Under statutory circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.

Intentional homicide is definitely a felony among felonies. For the same case but different charges, the sentencing may be much different. Do you understand what I mean? "Fang Yi explained.

"Well, I probably understand. In other words, if my son's case is convicted of intentional homicide, the sentence will definitely be much heavier than that of robbery. Is that what you mean?" After thinking about it, Jia Zongxia's eyes widened. Look at Fang Yi.

"Yes, that's what I mean. That's why the lawyer told you before that you might be given a suspended death sentence. Although your son is an attempted intentional homicide, the attempted murderer can be given a lighter punishment than the completed offender, but your husband is now seriously injured. A lighter punishment may only mean that the death penalty is not executed immediately, so a reprieve of death is most likely.

Now your son's case is not a matter of which crime is more serious and which crime is less serious. It is a matter of characterization based on the facts of the case. I think your son's case constitutes robbery, not intentional homicide. "Fang Yi explained.

"Lawyer Fang, I don't understand the law, but you are a barrister. I listen to you." After listening to Fang Yi's explanation, Jia Zongxia thought for a while and said.

She understands that in this situation, it seems impossible not to be sentenced, so she can only settle for the next best thing. If she can save her life, she will be sentenced to a few years less.

"Okay, I will go to the detention center to see your son again in a few days to discuss the defense plan. Yesterday, the court notified the court of the hearing. It will be next Thursday. Will you attend the trial?" Fang Yi asked for his opinion.

"Well, I will go over and listen. Please remind me when the time comes." Jia Zongxia nodded.

The court conditions of the Intermediate People's Court are much better than those of the lower courts. The space is larger and there are more seats in the auditorium. It gives people a solemn feeling as soon as they walk in.

But today's auditorium seemed a bit deserted. There were only two people sitting there, one was Jia Zongxia with a sad face, and the other was Tang Ming, whose head was wrapped in gauze, with an angry look on his face and stern eyes.

From the expression of the victim Tang Ming, Fang Yi could see that the victim and the defendant had a deep grudge, which probably went deep into their bones...

Among the three male judges sitting above, two of them had been met by Fang Yi in other cases, and the remaining young judge might be a newcomer and meet him for the first time.

…

"We are now conducting court investigation and asking the prosecutor to read out the indictment." After the previous procedures were completed, the presiding judge said confidently.

"...The defendant Tang Renguo and the victim Tang Ming have a father-son relationship and are family members living together. The defendant broke into the small supermarket run by his family. In the process of forcing money from the victim, he became angry when he was rejected and used violence. The defendant beat the victim seriously and then, thinking that the victim was dead, robbed 53,800 yuan in cash used for purchasing goods in the small supermarket and fled.

Although the victim and the defendant have a father-son relationship, the victim's personal rights cannot be infringed upon by anyone. The defendant attempted to kill someone with a weapon, but was unable to do so due to reasons other than his will.

This court believes that the defendant's behavior has violated Article 232 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for intentional homicide.

Since the defendant Tang Renguo pleads guilty and accepts punishment, and his behavior is an attempted crime, according to Article 15 of the Criminal Procedure Law and Article 23 of the Criminal Law, he can be treated leniently and receive a lighter or reduced punishment than a completed offender. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law.

Presiding judge, the indictment has been read out. "After the cold-faced female prosecutor finished speaking, she looked at the presiding judge.