Chapter 174
4S shop.
Never a good place to talk.
Before buying a car, various commitments are guaranteed.
After buying a car...
All kinds of prevarication.
Doesn't make sense at all.
As for the maintenance package worth 20 yuan...
It is even more impossible.
At least she didn't encounter such a good thing when she bought the car.
Shanshui Garden District.
Qin Mu thought for a while, and replied briefly: "It may be because the two maintenance personnel have already entered."
And after the message is sent.
Qing Lan seemed to be silent, and did not reply to any messages.
……
at the same time.
Zizhou.
It was approaching eleven o'clock, and Qing Lan was preparing to start the broadcast.
At this moment, he was sitting blankly in front of the camera, watching the message from Qin Mu.
Couldn't help swallowing.
This time Qin Mu encountered an incident of replacing spare parts. She thought she could do a favor and teach her all the methods of protecting her rights in the past.
however……
Qin Mu didn't seem to like her way of defending rights.
"Two maintenance guys went in?"
Qing Lan stared at the line of text sent by Qin Mu, savoring it several times.
Obviously.
Qin Mu raised the case to a higher level again.
This civil dispute in her mind...
It directly became a criminal case!
It is precisely because of this that 4S shops are so easy to talk to.
Not only did I apologize, but I also refunded one and compensated three, actively repaired, plus a luxurious maintenance package worth 20!
This treatment...
It is not something ordinary people can enjoy.
"It really deserves to be up..."
After half an hour.
Qing Lan came back to her senses and said something sincerely.
Just picked up the car yesterday.
Send people in today.
It is estimated that the spare parts replaced by the other party have not had time to sell.
And the 4S shop is also very knowledgeable about current affairs, resolutely confessed, and did not make any more troubles.
Video footage for the next issue...
Also basically came out.
in fact.
She was very curious about what method Qin Mu used to send the other party in.
"Forget it, it's time, let's broadcast live first."
Look at the time.
Qing Lan could only suppress her curiosity and started the daily live broadcast work.
……
The next day.
Jincheng Police Station.
After finishing the company affairs, Yuzijin took a break and came here.
I met Niu Huan who had been detained for a day.
"Boss Yu, scoop me up, scoop me up, I've worked so hard for the company for so many years, there's no credit but hard work..."
After the two met, Niu Huan was very excited.
Been begging.
Just one night.
Niu Huan had a few more white hairs on his head, and his whole body was quite emaciated.
Yuzijin sighed lightly.
Seriously said: "Don't worry, the company has hired you a well-known commutation defense lawyer in Jincheng, a professional counterpart. After you are officially transferred to arrest, he will come to discuss the details of your defense."
In doing this, he has done his best.
Now Niu Huan is still in the stage of detention and interrogation.
So he can still ask to meet.
but……
When the arrest warrant was filed, the only person who could see him was the defense lawyer.
Visitation by anyone else, including relatives, is prohibited.
"This lawyer is very famous. I heard that you were sent in by Qin Mu, and he also said that he would try his best to defend you and try to get the maximum possible commutation of sentence."
Yuzijin took a deep look at Niu Huan.
He also urged: "Remember to cooperate with all your strength."
"Doesn't that mean we still have to go to court?"
After hearing this, Niu Huan was not at all happy.
Look gloomy.
Once in court, sentencing is inevitable.
"The company has done its utmost to be benevolent. Since you are employees of the company, you even took the initiative to cover the legal fees."
Yuzijin took a deep breath, and continued, "These days, you and Chang Ying have been cooperating with the police's investigation and striving for leniency. If the family needs anything, the lawyer can tell it later."
He came this time...
The main thing is to make enough of human feelings.
I'm afraid that Niu Huan will approach and bite randomly, causing unnecessary trouble to the company.
This lawyer was also introduced by the legal team.
It is said that he is very professional in reducing sentences, and many lawyers in Jincheng highly respect him.
"I asked this lawyer. Your crime...is more than three years and less than ten years. He said that he is sure to reduce it to five years."
Seeing that Niu Huan was depressed, he didn't speak.
Yuzijin comforted again: "In the future, if you go to prison, try to perform well, and you can get your sentence reduced in prison, and you will be released in five years."
Just finished speaking.
Niu Huan's face became even uglier.
It never occurred to him that...
There will be such serious consequences for stealing spare parts.
His son was born in three months.
If he was sentenced to five years in prison, then his son who was still in the womb...
Could it be that when she was born, she couldn't even see her own father?
When I think of my wife having to work hard to bring up the child alone...
He felt extremely uncomfortable.
……
Jincheng.
Legal Pioneer Law Firm.
Zhang Wei temporarily declined the legal consultation and sat alone in the office.
Working on a recent case.
this case...
It was the person in charge of a 4S shop who came to the door and asked him to help defend.
The case arose from replacement parts in the automotive industry.
This is a civil dispute.
But the parties...
But because of theft, he was sent backhandedly.
After hearing about this case, his first reaction was that it was related to someone.
This style of acting is really too familiar.
as predicted.
After Yuzijin's explanation, the owner of the car whose parts were replaced was Qin Mu!
Learned the cause and effect.
He was also very decisive and decided to take over the defense of the case.
"This time... I will definitely be able to reduce it!"
He took a deep breath, and a strong fighting spirit was ignited in his eyes.
After so many cases.
He has found out...
As long as the opponent is Qin Mu, he rarely defends successfully.
Even if he played very well.
But there will always be some moths.
Either perjury in court, scolding the judge, or yelling at the court...
Breakthrough reductions in sentences are rarely achieved.
"This case...is really a bit difficult."
Subsequently.
He took out his computer and began to analyze his defense ideas.
The case stems from the replacement of auto parts.
It was originally under the control of the "Three Guarantees Law", but it was suddenly transferred to the "Criminal Law".
The behavior of the parties Niu Huan and Chang Yingcai...
It does constitute theft.
They all perfectly met the requirements for the conviction of theft, and they couldn't escape it.
Criminal responsibility cannot escape.
Combined with repeated executions of stealing spare parts, shoddy goods, and attempts to conceal the facts of the crime, the circumstances constitute a serious one.
According to the relevant criminal law, a fixed-term imprisonment of more than three years and less than ten years will be sentenced, and a fine will also be imposed.
Also.
Then calculate the sentencing range based on the value of spare parts that Niu Huan and Chang Yingcai stole for profit many times.
The more profit you make...
The heavier the sentence.
"The mitigating circumstances in this case ... do not appear to be."
Zhang Wei frowned and thought carefully.
No circumstances were found that could be applied to statutory commutation.
There are actually more than [-] circumstances for commutation.
Including minors, the disabled, the mentally ill, pregnant women, the elderly, emergency avoidance, attempted crimes, suspension of crimes, coerced crimes, abetting crimes, accomplices, performance of meritorious service, surrender, etc.
Many of the cases he has encountered before have more or less reduced sentences.
however……
In Niu Huan's case, these plots were perfectly avoided.
First, both Niu Huan and Chang Yingcai are persons with full capacity for criminal responsibility and are not minors.
Second, they were arrested because they called the police, and there was no surrender.
Third, the two are not special groups, not pregnant women, the elderly, the disabled, the mentally ill, and so on.
Fourth, the two people stole spare parts intentionally for the purpose of making illegal profits, and there was no attempted crime or suspension of the crime.
fifth……
all in all.
The range of possible commutation for the two is very small.
If you want to fight for a commutation of sentence, it seems that the only way is to actively plead guilty and accept punishment.
But actively plead guilty and accept punishment, at most one or two months can be reduced.
For the ten-year sentence, it seems insignificant.
"It seems that we can only defend against the crime of embezzlement..."
Zhang Wei pondered for a moment, then murmured.
According to the criminal law, if the crime of theft is serious, it will be sentenced to fixed-term imprisonment of more than three years and less than ten years and a fine.
And the crime of embezzlement...
In terms of sentencing, it seems to be lighter.
Article 270 of the Criminal Law stipulates that whoever illegally takes possession of other people's property kept on behalf of others, and the amount is relatively large, and refuses to return it, shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or a fine.
If the amount is huge or there are other serious circumstances, the sentence is to be not less than two years but not more than five years of fixed-term imprisonment and a fine.
Even if the crime is serious, it is only five years!
And theft...
The maximum penalty can reach life imprisonment!
For example, the theft of national treasures, precious cultural relics and so on.
These two sins may seem similar, but there is a big difference.
Generally speaking.
The two differ in the content and time of criminal intent.
The perpetrator of the crime of embezzlement realizes that he is illegally occupying the property of others that he has already held by non-violent means, and the motive of the crime arises after the behavior occurs.
For example, a taxi driver found a mobile phone left by a passenger when he was on duty.
Then take it for yourself.
It would then not be criminalized as theft but rather as embezzlement.
The crime of theft is generally knowing that another person holds property, or is the owner of the property, and thus steals other people's property in a secret way.
Have a direct and deliberate purpose.
For example, pickpockets on the bus, petty theft and so on.
Also.
The crime of embezzlement also requires the perpetrator to have the behavior of refusing to return or repay after the event.
constitute forcible occupation.
Theft is not required, even if it is discovered and returned voluntarily, it still constitutes a crime!
and so……
The Three Guarantees Law does not apply to this incident.
Even if one is refunded and three is compensated, the criminal responsibility that should be investigated should still be investigated.
However, these two crimes still have certain similarities.
For example, the crime of embezzlement requires the illegal embezzlement of property kept by others.
Qin Mu put the car in the maintenance department of the 4S shop for repairs, and there was this behavior of keeping the car on his behalf.
Niu Huan and Chang Yingcai's illegal occupation also makes sense.
"The crux of the matter is ... the determination of the charges."
Zhang Wei took a deep breath and carefully sorted out his defense ideas.
As long as the crime of theft can be successfully defended as a crime of embezzlement...
The greatest reduction in sentence will be obtained.
To achieve this, it is necessary to work hard on the constituent elements of the charge and the motives of the parties involved.
"Looks like it's time to see the person involved."
He frowned.
For some reason, there was always a bad feeling about it.
……
nursing home.
Waited patiently for a day.
Qin Mu went to the 4S shop again, and drove back the car that he had been struggling with.
When I was in a 4S store.
He found that everyone looked at him a little strangely.
Significantly different from before.
it seems that……
Looking at the plague god.
That's right.
That was an expression of looking at the plague god, and even the cleaning aunt started to detour when she saw her.
Julie, who was in charge of receiving him, was also respectful.
Opening and closing is "you".
I am afraid that I will be angry.
"The car should be fine now, right?"
The car was heard outside the nursing home.
Qin Mu called Song Tiancheng again and asked him to help him try his hand.
Prevent the previous "accident" from happening again.
After half an hour.
Song Tiancheng, who was nearly eighty years old, left the main driver contentedly.
The evaluation result was given: "This is the feeling of a new car. There is nothing wrong with it, but it is not crashworthy. I used to drive a tank and did not avoid obstacles when I saw it..."
Qin Mu's face was covered with black lines.
Some speechless.
If he could drive a tank as a car, he might be gone the next day.
But after this.
He also knew about Song Tiancheng when he was young, he was a soldier, and after he retired, he helped people drive long distances.
Very familiar with the performance of the car.
After getting old...
Suddenly I fell in love with fishing.
"By the way, Xiao Qin, my son has already started to undergo community corrections. I always want to thank you. Please go to the farmhouse."
While chatting in the afternoon, Song Tiancheng said suddenly.
this matter……
His son mentioned it to him several times.
If Qin Mu hadn't taken action in the parrot case last time, the consequences would have been disastrous.
The public prosecution agency directly requested a sentence of 12 years in prison!
Later, the verdict came down and he was absolutely sentenced to probation.
Now his son...
Take two days a week to go to the community to participate in corrective learning activities.
He is usually in charge of the business of the farmhouse.
I have always wanted to find an opportunity to thank Qin Mu.
After hearing this, Qin Mu also nodded, "I'll definitely go when I'm free."
Song Tiancheng was stunned for a moment, and asked suspiciously, "Are you... are you busy right now?"
talking.
He also looked Qin Mu up and down.
In the entire nursing home, Qin Mu was the most idle.
Older People's Lives...
He enjoyed it all.
"Ahem, there is a case recently, and it is estimated that the court will be held in a while."
Qin Mu gave a dry laugh, and told about the case of Niu Huan and Chang Yingcai.
The voice just fell.
Immediately alarmed several old people around to enjoy the shade.
"What? Two more people went in?!"
"Maintenance personnel of the 4S store, when will the court be held? We must attend this time!"
"I just said how the 4S store is so easy to talk about this time. It only took one day to restore all the spare parts. In the past, this kind of thing couldn't be done within half a month."
"Is the sentence for theft serious?"
"..."
Zhang Qingyuan and others all joined the ranks of eating melons.
I am very curious about the sentencing of Niu Huan and Chang Yingcai.
during this time.
Qin Mu obviously kept a low profile.
The cases I participated in were either the parrot case or the bear child case.
Rarely has there been such an exciting criminal case.
They all thought that Qin Mu was tired of the disputes in the Jianghu and planned to live a peaceful life.
did not expect……
Qin Mu was still the familiar Qin Mu.
never changed.
"For sentencing, let's see the plot. If they stole more spare parts before, it would be ten years."
After thinking for a while, Qin Mu calculated the sentences of Niu Huan and the others.
This is just a rough estimate.
It's the same as moving bricks on a construction site.
Much more work.
The more you do, the more sentences you get.
he thinks……
With the huge profits in this business, these two people should have done a lot of stealing spare parts these years.
He is only responsible for leading the door in, and the sentencing is still up to the individual.
……
Jincheng.
Detention center.
After confirming the interrogation evidence, Niu Huan and Chang Yingcai were transferred here.
Lived the retirement life in advance.
Work and rest on time.
Release on time.
Eat on time.
If there is procrastination, the discipline will help to "correct" it in time.
Here, the two also made many "new friends".
But most people are more introverted.
Rarely reveal their hearts and communicate with each other.
"Brother, I have a question, why did you come in?"
During the wind in the playground.
Niu Huan was really bored, so he picked a peer in his 30s and started talking.
"Me? I just sold a house."
The man sighed, looking a little depressed.
Niu Huan was stunned for a moment, and couldn't help asking: "Is it a crime to sell a house?"
He thought it was outrageous enough to come in by replacing the parts.
"It's not a crime to sell a house, but... I sold it to the wrong person."
The man looked up to the sky and sighed, with regret written all over his face.
"Who did you sell to?"
Niu Huan asked curiously.
"I said you didn't know him, how about you? How did you get in?"
The man shook his head, as if he didn't want to mention that name.
"I... theft came in."
Niu Huan gave a wry smile.
Bringing this up makes me very sad.
"Theft? There is someone there who also came in for theft. You two can still communicate."
The man's expression moved slightly, and he pointed to the other side of the playground.
A young man in his twenties was sitting in a corner in a daze.
"What... did he steal? It doesn't look like a thief."
Niu Huan swallowed, quite surprised.
"Stealing the courier is also stealing from people who shouldn't be stealing."
The person who came in because of the sale of the house sighed, and then said: "He is very skilled at stealing things. If he didn't have a father, he might not be caught."
"Sentenced to ten years and three months, just like us, waiting for the prison to accept it."
The voice just fell.
"How many?"
Niu Huan's eyes widened, showing an expression of disbelief.
"Didn't you say it was just a courier?"
He couldn't imagine it at all, because stealing the courier...
And was sentenced to ten years and three months, what happened.
This is even more outrageous than him stealing spare parts.
The house seller sighed: "Who knows, we don't know the law very well. I heard that he committed several crimes at once, so they added up."
Niu Huan swallowed.
I was immersed in a huge shock.
Silent for a long time.
It seems...
I am not the worst.
At this moment, a middle-aged man who was cursing on the playground seemed to have a conflict with the correctional staff.
Actually quarreled.
The attitude is extremely arrogant.
It is in sharp contrast with the "low-key" of other prisoners.
Niu Huan couldn't help but look up when he heard the noise.
"This man came in because he occupied someone else's house, came in with his wife, and was locked up in another cell."
The middle-aged man who sold the house glanced into the distance and said casually, "They were both sentenced to 20 years."
In the detention center, people from different cells are not allowed to meet each other.
The release is also separate for men and women.
The people he knew were only partial.
"How many?!"
Niu Huan finally calmed down, and once again set off a shocking giant wolf.
Occupied a house...
20 years in prison?
a time.
He suddenly felt that his sentence of three to ten years in prison was not unacceptable...
"I don't know the specifics. It seems that there are many crimes."
The middle-aged man who sold the house frowned and shook his head: "But I seriously suspect that they also offended that person."
"that person?"
Niu Huan's eyes brightened slightly, full of doubts.
But the middle-aged man who sold the house kept silent about that person's name, as if it was his eternal pain.
"By the way, you said you were also charged with theft. What did you steal?"
Subsequently.
The middle-aged man who sold the house couldn't help asking.
Niu Huan was taken aback for a moment, and then smiled wryly: "I've been doing this kind of thing for several years, I've been stealing some auto parts, how could I have imagined it...he came in all of a sudden."
The middle-aged man who sold the house nodded silently.
For such an outrageous encounter with him...
It seems to have become familiar.
No mood swings at all.
The two were silent for ten minutes.
Niu Huan couldn't help but asked again: "Brother, you seem to be familiar with the people here?"
"Fortunately, because it came early."
The middle-aged man who sold the house nodded, with a sigh of relief in his expression.
really count...
He was one of the first to come in.
Here, he saw one "junior" after another.
After the exchange, the sentence has already exceeded him in an all-round way.
He is a black intermediary...
Because of various crimes, he was sentenced to three years in prison.
In contrast to latecomers...
One is more arrogant than the other.
The young man who stole the courier was sentenced to ten years and three months.
The middle-aged couple who occupied other people's houses were sentenced to 20 years.
"Over there, that unshaven middle-aged man, did you see that? The president of the bank was sentenced to 19 years and six months."
"There's also the plain-looking one in the corner who mutters about swallows every day. He seems to have broken up in love and threw a wine bottle. He was sentenced to six years or a few years."
Followed by.
In front of Niu Huan, the middle-aged man who sold the house talked eloquently.
Like many treasures.
He told the situation of the prisoners in the detention center who have been sentenced and are waiting to be transferred.
Quite a bit of sympathy.
As Niu Huan listened, he felt his scalp go numb.
Throwing the bottle was sentenced to six years, his son died, but he was sent in instead...
And a bank president.
The people on this playground may seem ordinary, but they are actually crouching dragons and phoenixes.
One by one, hidden.
"By the way, your crime of theft should be fine, right? You should be able to go out after a few months of sentence."
Subsequently.
The middle-aged man who sold the house turned his head and looked at Niu Huan.
The people who squatted together...
There is always a feeling of being unexplainable.
He always felt that Niu Huan was kind and familiar, and he was obviously different from other prisoners who came in.
"How many months am I?"
When Niu Huan heard this, he smiled wryly and shook his head.
Here I recommend a friend's book, the book is very good, Portal
(End of this chapter)
4S shop.
Never a good place to talk.
Before buying a car, various commitments are guaranteed.
After buying a car...
All kinds of prevarication.
Doesn't make sense at all.
As for the maintenance package worth 20 yuan...
It is even more impossible.
At least she didn't encounter such a good thing when she bought the car.
Shanshui Garden District.
Qin Mu thought for a while, and replied briefly: "It may be because the two maintenance personnel have already entered."
And after the message is sent.
Qing Lan seemed to be silent, and did not reply to any messages.
……
at the same time.
Zizhou.
It was approaching eleven o'clock, and Qing Lan was preparing to start the broadcast.
At this moment, he was sitting blankly in front of the camera, watching the message from Qin Mu.
Couldn't help swallowing.
This time Qin Mu encountered an incident of replacing spare parts. She thought she could do a favor and teach her all the methods of protecting her rights in the past.
however……
Qin Mu didn't seem to like her way of defending rights.
"Two maintenance guys went in?"
Qing Lan stared at the line of text sent by Qin Mu, savoring it several times.
Obviously.
Qin Mu raised the case to a higher level again.
This civil dispute in her mind...
It directly became a criminal case!
It is precisely because of this that 4S shops are so easy to talk to.
Not only did I apologize, but I also refunded one and compensated three, actively repaired, plus a luxurious maintenance package worth 20!
This treatment...
It is not something ordinary people can enjoy.
"It really deserves to be up..."
After half an hour.
Qing Lan came back to her senses and said something sincerely.
Just picked up the car yesterday.
Send people in today.
It is estimated that the spare parts replaced by the other party have not had time to sell.
And the 4S shop is also very knowledgeable about current affairs, resolutely confessed, and did not make any more troubles.
Video footage for the next issue...
Also basically came out.
in fact.
She was very curious about what method Qin Mu used to send the other party in.
"Forget it, it's time, let's broadcast live first."
Look at the time.
Qing Lan could only suppress her curiosity and started the daily live broadcast work.
……
The next day.
Jincheng Police Station.
After finishing the company affairs, Yuzijin took a break and came here.
I met Niu Huan who had been detained for a day.
"Boss Yu, scoop me up, scoop me up, I've worked so hard for the company for so many years, there's no credit but hard work..."
After the two met, Niu Huan was very excited.
Been begging.
Just one night.
Niu Huan had a few more white hairs on his head, and his whole body was quite emaciated.
Yuzijin sighed lightly.
Seriously said: "Don't worry, the company has hired you a well-known commutation defense lawyer in Jincheng, a professional counterpart. After you are officially transferred to arrest, he will come to discuss the details of your defense."
In doing this, he has done his best.
Now Niu Huan is still in the stage of detention and interrogation.
So he can still ask to meet.
but……
When the arrest warrant was filed, the only person who could see him was the defense lawyer.
Visitation by anyone else, including relatives, is prohibited.
"This lawyer is very famous. I heard that you were sent in by Qin Mu, and he also said that he would try his best to defend you and try to get the maximum possible commutation of sentence."
Yuzijin took a deep look at Niu Huan.
He also urged: "Remember to cooperate with all your strength."
"Doesn't that mean we still have to go to court?"
After hearing this, Niu Huan was not at all happy.
Look gloomy.
Once in court, sentencing is inevitable.
"The company has done its utmost to be benevolent. Since you are employees of the company, you even took the initiative to cover the legal fees."
Yuzijin took a deep breath, and continued, "These days, you and Chang Ying have been cooperating with the police's investigation and striving for leniency. If the family needs anything, the lawyer can tell it later."
He came this time...
The main thing is to make enough of human feelings.
I'm afraid that Niu Huan will approach and bite randomly, causing unnecessary trouble to the company.
This lawyer was also introduced by the legal team.
It is said that he is very professional in reducing sentences, and many lawyers in Jincheng highly respect him.
"I asked this lawyer. Your crime...is more than three years and less than ten years. He said that he is sure to reduce it to five years."
Seeing that Niu Huan was depressed, he didn't speak.
Yuzijin comforted again: "In the future, if you go to prison, try to perform well, and you can get your sentence reduced in prison, and you will be released in five years."
Just finished speaking.
Niu Huan's face became even uglier.
It never occurred to him that...
There will be such serious consequences for stealing spare parts.
His son was born in three months.
If he was sentenced to five years in prison, then his son who was still in the womb...
Could it be that when she was born, she couldn't even see her own father?
When I think of my wife having to work hard to bring up the child alone...
He felt extremely uncomfortable.
……
Jincheng.
Legal Pioneer Law Firm.
Zhang Wei temporarily declined the legal consultation and sat alone in the office.
Working on a recent case.
this case...
It was the person in charge of a 4S shop who came to the door and asked him to help defend.
The case arose from replacement parts in the automotive industry.
This is a civil dispute.
But the parties...
But because of theft, he was sent backhandedly.
After hearing about this case, his first reaction was that it was related to someone.
This style of acting is really too familiar.
as predicted.
After Yuzijin's explanation, the owner of the car whose parts were replaced was Qin Mu!
Learned the cause and effect.
He was also very decisive and decided to take over the defense of the case.
"This time... I will definitely be able to reduce it!"
He took a deep breath, and a strong fighting spirit was ignited in his eyes.
After so many cases.
He has found out...
As long as the opponent is Qin Mu, he rarely defends successfully.
Even if he played very well.
But there will always be some moths.
Either perjury in court, scolding the judge, or yelling at the court...
Breakthrough reductions in sentences are rarely achieved.
"This case...is really a bit difficult."
Subsequently.
He took out his computer and began to analyze his defense ideas.
The case stems from the replacement of auto parts.
It was originally under the control of the "Three Guarantees Law", but it was suddenly transferred to the "Criminal Law".
The behavior of the parties Niu Huan and Chang Yingcai...
It does constitute theft.
They all perfectly met the requirements for the conviction of theft, and they couldn't escape it.
Criminal responsibility cannot escape.
Combined with repeated executions of stealing spare parts, shoddy goods, and attempts to conceal the facts of the crime, the circumstances constitute a serious one.
According to the relevant criminal law, a fixed-term imprisonment of more than three years and less than ten years will be sentenced, and a fine will also be imposed.
Also.
Then calculate the sentencing range based on the value of spare parts that Niu Huan and Chang Yingcai stole for profit many times.
The more profit you make...
The heavier the sentence.
"The mitigating circumstances in this case ... do not appear to be."
Zhang Wei frowned and thought carefully.
No circumstances were found that could be applied to statutory commutation.
There are actually more than [-] circumstances for commutation.
Including minors, the disabled, the mentally ill, pregnant women, the elderly, emergency avoidance, attempted crimes, suspension of crimes, coerced crimes, abetting crimes, accomplices, performance of meritorious service, surrender, etc.
Many of the cases he has encountered before have more or less reduced sentences.
however……
In Niu Huan's case, these plots were perfectly avoided.
First, both Niu Huan and Chang Yingcai are persons with full capacity for criminal responsibility and are not minors.
Second, they were arrested because they called the police, and there was no surrender.
Third, the two are not special groups, not pregnant women, the elderly, the disabled, the mentally ill, and so on.
Fourth, the two people stole spare parts intentionally for the purpose of making illegal profits, and there was no attempted crime or suspension of the crime.
fifth……
all in all.
The range of possible commutation for the two is very small.
If you want to fight for a commutation of sentence, it seems that the only way is to actively plead guilty and accept punishment.
But actively plead guilty and accept punishment, at most one or two months can be reduced.
For the ten-year sentence, it seems insignificant.
"It seems that we can only defend against the crime of embezzlement..."
Zhang Wei pondered for a moment, then murmured.
According to the criminal law, if the crime of theft is serious, it will be sentenced to fixed-term imprisonment of more than three years and less than ten years and a fine.
And the crime of embezzlement...
In terms of sentencing, it seems to be lighter.
Article 270 of the Criminal Law stipulates that whoever illegally takes possession of other people's property kept on behalf of others, and the amount is relatively large, and refuses to return it, shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or a fine.
If the amount is huge or there are other serious circumstances, the sentence is to be not less than two years but not more than five years of fixed-term imprisonment and a fine.
Even if the crime is serious, it is only five years!
And theft...
The maximum penalty can reach life imprisonment!
For example, the theft of national treasures, precious cultural relics and so on.
These two sins may seem similar, but there is a big difference.
Generally speaking.
The two differ in the content and time of criminal intent.
The perpetrator of the crime of embezzlement realizes that he is illegally occupying the property of others that he has already held by non-violent means, and the motive of the crime arises after the behavior occurs.
For example, a taxi driver found a mobile phone left by a passenger when he was on duty.
Then take it for yourself.
It would then not be criminalized as theft but rather as embezzlement.
The crime of theft is generally knowing that another person holds property, or is the owner of the property, and thus steals other people's property in a secret way.
Have a direct and deliberate purpose.
For example, pickpockets on the bus, petty theft and so on.
Also.
The crime of embezzlement also requires the perpetrator to have the behavior of refusing to return or repay after the event.
constitute forcible occupation.
Theft is not required, even if it is discovered and returned voluntarily, it still constitutes a crime!
and so……
The Three Guarantees Law does not apply to this incident.
Even if one is refunded and three is compensated, the criminal responsibility that should be investigated should still be investigated.
However, these two crimes still have certain similarities.
For example, the crime of embezzlement requires the illegal embezzlement of property kept by others.
Qin Mu put the car in the maintenance department of the 4S shop for repairs, and there was this behavior of keeping the car on his behalf.
Niu Huan and Chang Yingcai's illegal occupation also makes sense.
"The crux of the matter is ... the determination of the charges."
Zhang Wei took a deep breath and carefully sorted out his defense ideas.
As long as the crime of theft can be successfully defended as a crime of embezzlement...
The greatest reduction in sentence will be obtained.
To achieve this, it is necessary to work hard on the constituent elements of the charge and the motives of the parties involved.
"Looks like it's time to see the person involved."
He frowned.
For some reason, there was always a bad feeling about it.
……
nursing home.
Waited patiently for a day.
Qin Mu went to the 4S shop again, and drove back the car that he had been struggling with.
When I was in a 4S store.
He found that everyone looked at him a little strangely.
Significantly different from before.
it seems that……
Looking at the plague god.
That's right.
That was an expression of looking at the plague god, and even the cleaning aunt started to detour when she saw her.
Julie, who was in charge of receiving him, was also respectful.
Opening and closing is "you".
I am afraid that I will be angry.
"The car should be fine now, right?"
The car was heard outside the nursing home.
Qin Mu called Song Tiancheng again and asked him to help him try his hand.
Prevent the previous "accident" from happening again.
After half an hour.
Song Tiancheng, who was nearly eighty years old, left the main driver contentedly.
The evaluation result was given: "This is the feeling of a new car. There is nothing wrong with it, but it is not crashworthy. I used to drive a tank and did not avoid obstacles when I saw it..."
Qin Mu's face was covered with black lines.
Some speechless.
If he could drive a tank as a car, he might be gone the next day.
But after this.
He also knew about Song Tiancheng when he was young, he was a soldier, and after he retired, he helped people drive long distances.
Very familiar with the performance of the car.
After getting old...
Suddenly I fell in love with fishing.
"By the way, Xiao Qin, my son has already started to undergo community corrections. I always want to thank you. Please go to the farmhouse."
While chatting in the afternoon, Song Tiancheng said suddenly.
this matter……
His son mentioned it to him several times.
If Qin Mu hadn't taken action in the parrot case last time, the consequences would have been disastrous.
The public prosecution agency directly requested a sentence of 12 years in prison!
Later, the verdict came down and he was absolutely sentenced to probation.
Now his son...
Take two days a week to go to the community to participate in corrective learning activities.
He is usually in charge of the business of the farmhouse.
I have always wanted to find an opportunity to thank Qin Mu.
After hearing this, Qin Mu also nodded, "I'll definitely go when I'm free."
Song Tiancheng was stunned for a moment, and asked suspiciously, "Are you... are you busy right now?"
talking.
He also looked Qin Mu up and down.
In the entire nursing home, Qin Mu was the most idle.
Older People's Lives...
He enjoyed it all.
"Ahem, there is a case recently, and it is estimated that the court will be held in a while."
Qin Mu gave a dry laugh, and told about the case of Niu Huan and Chang Yingcai.
The voice just fell.
Immediately alarmed several old people around to enjoy the shade.
"What? Two more people went in?!"
"Maintenance personnel of the 4S store, when will the court be held? We must attend this time!"
"I just said how the 4S store is so easy to talk about this time. It only took one day to restore all the spare parts. In the past, this kind of thing couldn't be done within half a month."
"Is the sentence for theft serious?"
"..."
Zhang Qingyuan and others all joined the ranks of eating melons.
I am very curious about the sentencing of Niu Huan and Chang Yingcai.
during this time.
Qin Mu obviously kept a low profile.
The cases I participated in were either the parrot case or the bear child case.
Rarely has there been such an exciting criminal case.
They all thought that Qin Mu was tired of the disputes in the Jianghu and planned to live a peaceful life.
did not expect……
Qin Mu was still the familiar Qin Mu.
never changed.
"For sentencing, let's see the plot. If they stole more spare parts before, it would be ten years."
After thinking for a while, Qin Mu calculated the sentences of Niu Huan and the others.
This is just a rough estimate.
It's the same as moving bricks on a construction site.
Much more work.
The more you do, the more sentences you get.
he thinks……
With the huge profits in this business, these two people should have done a lot of stealing spare parts these years.
He is only responsible for leading the door in, and the sentencing is still up to the individual.
……
Jincheng.
Detention center.
After confirming the interrogation evidence, Niu Huan and Chang Yingcai were transferred here.
Lived the retirement life in advance.
Work and rest on time.
Release on time.
Eat on time.
If there is procrastination, the discipline will help to "correct" it in time.
Here, the two also made many "new friends".
But most people are more introverted.
Rarely reveal their hearts and communicate with each other.
"Brother, I have a question, why did you come in?"
During the wind in the playground.
Niu Huan was really bored, so he picked a peer in his 30s and started talking.
"Me? I just sold a house."
The man sighed, looking a little depressed.
Niu Huan was stunned for a moment, and couldn't help asking: "Is it a crime to sell a house?"
He thought it was outrageous enough to come in by replacing the parts.
"It's not a crime to sell a house, but... I sold it to the wrong person."
The man looked up to the sky and sighed, with regret written all over his face.
"Who did you sell to?"
Niu Huan asked curiously.
"I said you didn't know him, how about you? How did you get in?"
The man shook his head, as if he didn't want to mention that name.
"I... theft came in."
Niu Huan gave a wry smile.
Bringing this up makes me very sad.
"Theft? There is someone there who also came in for theft. You two can still communicate."
The man's expression moved slightly, and he pointed to the other side of the playground.
A young man in his twenties was sitting in a corner in a daze.
"What... did he steal? It doesn't look like a thief."
Niu Huan swallowed, quite surprised.
"Stealing the courier is also stealing from people who shouldn't be stealing."
The person who came in because of the sale of the house sighed, and then said: "He is very skilled at stealing things. If he didn't have a father, he might not be caught."
"Sentenced to ten years and three months, just like us, waiting for the prison to accept it."
The voice just fell.
"How many?"
Niu Huan's eyes widened, showing an expression of disbelief.
"Didn't you say it was just a courier?"
He couldn't imagine it at all, because stealing the courier...
And was sentenced to ten years and three months, what happened.
This is even more outrageous than him stealing spare parts.
The house seller sighed: "Who knows, we don't know the law very well. I heard that he committed several crimes at once, so they added up."
Niu Huan swallowed.
I was immersed in a huge shock.
Silent for a long time.
It seems...
I am not the worst.
At this moment, a middle-aged man who was cursing on the playground seemed to have a conflict with the correctional staff.
Actually quarreled.
The attitude is extremely arrogant.
It is in sharp contrast with the "low-key" of other prisoners.
Niu Huan couldn't help but look up when he heard the noise.
"This man came in because he occupied someone else's house, came in with his wife, and was locked up in another cell."
The middle-aged man who sold the house glanced into the distance and said casually, "They were both sentenced to 20 years."
In the detention center, people from different cells are not allowed to meet each other.
The release is also separate for men and women.
The people he knew were only partial.
"How many?!"
Niu Huan finally calmed down, and once again set off a shocking giant wolf.
Occupied a house...
20 years in prison?
a time.
He suddenly felt that his sentence of three to ten years in prison was not unacceptable...
"I don't know the specifics. It seems that there are many crimes."
The middle-aged man who sold the house frowned and shook his head: "But I seriously suspect that they also offended that person."
"that person?"
Niu Huan's eyes brightened slightly, full of doubts.
But the middle-aged man who sold the house kept silent about that person's name, as if it was his eternal pain.
"By the way, you said you were also charged with theft. What did you steal?"
Subsequently.
The middle-aged man who sold the house couldn't help asking.
Niu Huan was taken aback for a moment, and then smiled wryly: "I've been doing this kind of thing for several years, I've been stealing some auto parts, how could I have imagined it...he came in all of a sudden."
The middle-aged man who sold the house nodded silently.
For such an outrageous encounter with him...
It seems to have become familiar.
No mood swings at all.
The two were silent for ten minutes.
Niu Huan couldn't help but asked again: "Brother, you seem to be familiar with the people here?"
"Fortunately, because it came early."
The middle-aged man who sold the house nodded, with a sigh of relief in his expression.
really count...
He was one of the first to come in.
Here, he saw one "junior" after another.
After the exchange, the sentence has already exceeded him in an all-round way.
He is a black intermediary...
Because of various crimes, he was sentenced to three years in prison.
In contrast to latecomers...
One is more arrogant than the other.
The young man who stole the courier was sentenced to ten years and three months.
The middle-aged couple who occupied other people's houses were sentenced to 20 years.
"Over there, that unshaven middle-aged man, did you see that? The president of the bank was sentenced to 19 years and six months."
"There's also the plain-looking one in the corner who mutters about swallows every day. He seems to have broken up in love and threw a wine bottle. He was sentenced to six years or a few years."
Followed by.
In front of Niu Huan, the middle-aged man who sold the house talked eloquently.
Like many treasures.
He told the situation of the prisoners in the detention center who have been sentenced and are waiting to be transferred.
Quite a bit of sympathy.
As Niu Huan listened, he felt his scalp go numb.
Throwing the bottle was sentenced to six years, his son died, but he was sent in instead...
And a bank president.
The people on this playground may seem ordinary, but they are actually crouching dragons and phoenixes.
One by one, hidden.
"By the way, your crime of theft should be fine, right? You should be able to go out after a few months of sentence."
Subsequently.
The middle-aged man who sold the house turned his head and looked at Niu Huan.
The people who squatted together...
There is always a feeling of being unexplainable.
He always felt that Niu Huan was kind and familiar, and he was obviously different from other prisoners who came in.
"How many months am I?"
When Niu Huan heard this, he smiled wryly and shook his head.
Here I recommend a friend's book, the book is very good, Portal
(End of this chapter)
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