Lawyer's character

The court held that the defendant’s misunderstanding of the value of the stolen watch could also be explained by the fact that the defendant could never accurately tell the brand, model and other characteristics of the watch that could reflect its great value, and he did not immediately escape or take the watch after stealing it. Disposed of in a timely manner or even not properly placed.

When the victim sought the watch from the defendant, although he expressed his willingness to exchange it for one thousand yuan, he only said that the watch was "of great significance to him" and did not clearly indicate the actual value of the watch. On the contrary, he made it clear that the watch was "meaningful to him". The watch is not very valuable.

This fact is not enough to give the defendant a new understanding of the actual value of the stolen watch. On the contrary, it is more likely to deepen the defendant's misunderstanding of the value of the watch.

To sum up, although the defendant's behavior of taking other people's watches conveniently had the subjective purpose of illegally possessing other people's property, the defendant did not realize the actual value of the stolen watches at the time. The value he realized was only "a relatively large amount" , rather than "a huge amount".

In other words, the defendant subjectively only had the intention to illegally possess a "large amount" of other people's property, but not the intention to illegally possess a "huge amount" of property.

Since the defendant had a major misunderstanding (or misunderstanding) about the value of the stolen items, and the amount he recognized was far lower than the actual amount, according to the criminal law principle of the unity of subjectivity and objectivity, he cannot be made responsible for the amount of value that he did not recognize. Corresponding criminal liability, the sentencing standard should be based on the amount of value that could be recognized at the time of theft.

Since the defendant voluntarily confessed the fact of the theft after committing the crime, and the stolen watch had been recovered and returned to the owner, the crime was deemed to be minor. In accordance with the provisions of Articles 264 and 37 of the Criminal Law of the People's Republic of China, the verdict is that the defendant Sha Congcong committed the crime of theft and is exempt from criminal punishment.

After the verdict was pronounced, Fang Yi was stunned for a moment. He did not expect that the court actually adopted his defense opinion. Sha Chao in the auditorium finally felt relieved. For him, it's okay as long as his daughter doesn't go to jail.

Outside the court gate, Sha Chao looked at Fang Yi and expressed his gratitude repeatedly.

"Mr. Sha, although the court of first instance sentenced your daughter Sha Congcong to be exempted from criminal punishment, the judgment has not yet taken effect. If the procuratorate does not file a protest within ten days after the judgment is issued, your daughter will be fine," Fang Yi said.

"What if the procuratorate protests? Will my daughter go to jail?" Sha Chao looked at Fang Yi eagerly.

"Not necessarily. It depends on the second trial." Fang Yi hesitated and said.

A few days after the verdict was issued, Fang Yi received news that the procuratorate had protested.

The Procuratorate lodged a protest with the Municipal Intermediate People's Court on the grounds that the defendant Sha Congcong committed the crime of theft with a huge amount and the original sentence was unusually light.

Normally, when the procuratorate files a protest, the defendant or his family will definitely contact a lawyer to respond. But the strange thing is that more than ten days have passed, and the Sha family has not come, not even a phone call. Are they not ready to hire a lawyer?

Later, Yun Qiao told Fang Yi that because the whereabouts of the defendant Sha Congcong were unknown, the second trial of the case was suspended in accordance with the law.

After Fang Yi heard this, he was stunned. Did he run away? !

Because the party involved in the second instance of the case had no entrustment, Fang Yi no longer cared about the follow-up situation.

…

In the blink of an eye, it was mid-August. During this time in his hometown, Xiaozhi followed Fang Mao's son around every day, having fun and having fun. His whole body was tanned by the sun, but he became stronger and healthier.

During the weekend, Fang Yi hired two cleaners to tidy up the house. Yunmei ran over to help Fang Yi change out the sheets and quilts and wash them again.

The main reason why we need to do general cleaning is that school is about to start and Fang Anzhi is coming back. Fang Yi doesn't want his son to discover his father's secret.

Just in case, Li Shuming suggested that Fang Yi hold a big party at home and invite some friends to the house for a meal on the day he picks up Xiaozhi. This can confuse the audience and cover up any clues.

Fang Yi felt that Li Shuming's suggestion was reasonable. Don't be afraid of ten thousand, just in case. In order to prevent his son from discovering his little secret, Fang Yi took great pains.

Early on Saturday morning, a week before school started, Yun Qiao borrowed a car from the tea house and went to the vegetable market with Zhou Ying to buy vegetables and fruits.

Li Shuming also rushed over. Originally Comrade Li wanted to sleep in, but it was him who had the idea of ​​having a big party. Fang Yi asked him to come over, so he had no choice but to come over and make up for it.

In the morning, after Fang Yi threw the keys to Li Shuming's house, he drove to his hometown to pick up his son Fang Anzhi.

At about ten o'clock in the morning, Yun Qiao and Zhou Ying arrived at Fang's house with a cart of vegetables and fruits.

"Two beauties, thank you for your hard work. How was the purchase?" Li Shuming came to the car downstairs and smiled.

"I bought everything according to the list you gave me." Zhou Ying said with a smile.

Zhou Ying and Li Shuming had met several times before, so they were familiar with each other. This was the first time Yun Qiao met Li Shuming. She learned from Zhou Ying that the middle-aged man in front of her was a brilliant boss and a good friend of her master.

"Which one of you knows how to cook?" Li Shuming asked with a smile.

Yun Qiao and Zhou Ying looked at each other and shook their heads. These two people are delicious, but they don't know how to cook. They are the type who like to eat and are lazy to cook.

"Okay, it seems I'm the only one who can do it." Li Shuming said helplessly.

"Mr. Li, do you know how to cook?" Zhou Ying looked at Li Shuming in surprise.

"I don't know how, but our brilliant chef can." As he said that, Li Shuming took out his phone and directly called two professional chefs.

At noon, when Fang Yi and his son came home, the three of them were busy serving dishes, and the chef had already gone back.

"We are all outsiders today, so don't be polite. Let's get together." Fang Yi said when he saw that everyone was doing well.

At this moment, the doorbell rang. Xiaozhi went to open the door. When he saw the person outside the door, he was surprised and said: "Aunt Yun, why are you here?"

"What's wrong? You're not welcome!" Yunmei joked.

"Welcome! Come in, have you eaten?" Xiaozhi asked.

"No, I heard you were coming back today, so I brought some fruits over for a meal." Yunmei smiled.

"It just so happens that we have just come back. Aunt Yun, let's eat together. There are so many people and it's so lively." Xiaozhi smiled politely.

"Sister, you're here too." Yun Qiao looked at Yun Mei who walked in and said in surprise.

"Why, you are allowed to come, but I am not allowed to come! Let's have a game later and eat chicken." Yunmei said with a smile.

"Okay, no problem. Give me the fruit." With that said, Yun Qiao took the fruit from her sister and went to the kitchen.

"Let me help you." Seeing everyone busy, Yunmei rolled up her sleeves and followed into the kitchen.

While washing the fruits, Yun Qiao discovered a problem. It seemed that Yun Mei was quite familiar with Fang's kitchen. Several times when she asked for tools, Yun Mei took them out as soon as she opened the cabinet door.

Yun Qiao looked at her sister's busy back and fell into deep thought: The kitchen is such an important place that outsiders are not allowed to enter. Why can her sister reach out and get what she wants? Could it be that my sister really...