The beginning was serious, and the opposite side was scared by me and called the police!

this case...

Unlike previous cases, this is a crime committed by the elderly.

Make them feel a little bit more empathetic.

They have always been honest and honest...

I really want to know what kind of old man Qin Mu said was stealing other people's melons and deliberately taking revenge.

It's exactly ten o'clock.

The projected black screen suddenly turned into a live broadcast of the criminal trial court.

"Here we come, huh? Why are there so few people in the dock?"

"It is estimated that they are all waiting for trial. The dock is not big enough to accommodate so many defendants."

"That old man also looks to be in his eighties, so he shouldn't be looking at other people's pumpkins?"

"God knows what they think, maybe they think it's nothing if they take it, and there will be no consequences."

"Why do I feel that they are all calm? Not worried about being sentenced at all?"

"..."

Zhang Qingyuan, Li Weiguo, Song Tiancheng and others raised their heads.

Staring intently at the screen.

all the attention...

They were all placed in the dock.

At this time, three old men were sitting in the dock.

In front of everyone...

There is a sign with their names on it.

The defendant in the very center...

His name is Zhao Dezhu.

It seems that he is in a good state of mind, and he doesn't care about the upcoming trial at all.

Not just him.

The attitudes of the other elderly people were very calm and calm, and they didn't take this trial seriously at all.

"Look, everyone, the lawyer they hired...why does it look familiar?"

"It's strange if they don't look familiar. Aren't these two people Zhang Wei and Wang Dachui? Why did they go to Zizhou?"

"Really there are them everywhere, which means they want to defend these old men?"

"Then be careful, with Zhang Wei around, they will have to add a few more years."

"..."

Everyone scanned the scene.

The two lawyers' seats next to the dock were quickly noticed.

They are very familiar with the people sitting on the seats.

One is Zhang Wei.

One is Wang Dahammer.

This case is a public prosecution case, and Zhang Wei and Wang Dachui are the defense lawyers for Zhao Dezhu and other old people.

Comprehensive Zhang Wei's previous "records"...

They felt that the guilt of Zhao Dezhu and others could never be excused!
"The reason why they are so calm is probably that they will be assigned to the old disabled prison area after they know the sentence."

Sitting in the crowd, Qin Mu couldn't help but analyze a sentence.

This was the first time he saw Zhao Dezhu and others.

The expressions and attitudes of these people are very arrogant and arrogant.

Although he sat obediently in his seat, he had no fear at all about the upcoming trial.

Contrary to the reaction of many defendants.

Defendants of other criminal offenses...

They are all anxious and nervous.

only they...

It seemed as if he was used to seeing strong winds and waves, so he didn't pay attention to the court at all.

"Boom-"

Followed by.

In the solemn sound of the gavel.

above the court.

The presiding judge scanned the crowd and announced in a deep voice: "Today, the No. [-] Criminal Tribunal of the Zizhou District Court will officially open the trial of Zhao Dezhu and other elderly people suspected of stealing, robbing, destroying other people's property, and picking quarrels and provoking trouble."

"Now, the court discipline is read out, and everyone remains silent."

Say it.

The clerk stepped forward and read out a series of nine court disciplines.

And below the court.

Hu Wenning did not sit in the plaintiff's seat, but sat in the witness's seat.

this case...

The follow-up is entirely a public prosecution initiated by the procuratorate.

So there is no place for plaintiffs, only for prosecutors.

But as a vital witness and victim in this case...

She still needs to testify in court to prove that Zhao Dezhu's elders have violated her rights and interests.

As for Qing Lan...

But he was alone, sitting in the empty auditorium.

That's right.

She was the only observer in the whole case.

It looks like she's booked out.

"Xiao Qin, don't people in Zizhou like to listen in? Why is Qing Lan alone?"

"So many seats are empty, what about Zhao Dezhu's relatives? Why didn't any of them come?"

"I always feel that something is wrong. There is something strange about this case."

"It doesn't mean that their sons are all Jiang Daping, right?"

"..."

In the nursing home.

Zhang Qingyuan and others started discussing again, and looked at Qin Mu in puzzlement.

The auditorium is really too deserted.

Make them quite uncomfortable.

To know.

In Jincheng.

The auditorium of each court trial is extremely sought-after. If anyone goes late, he can only come back to watch the live broadcast that day.

But the District Court of Zizhou...

But there was only one Qing Lan sitting in the auditorium, leaving the remaining 39 seats vacant.

Listening to what Lao Zhang and others said, Qin Mu couldn't help rolling his eyes.

It was hard to get a ticket for the auditorium of the Jincheng court, and it wasn't all because of them.

The whole of Jincheng...

That is to say, these old men are restless and like to join in the fun.

Go to any case.

At the beginning, I just liked watching criminals.

Gradually.

After failing to grab the observation seats in the criminal court, they also appeared in the civil court.

The court hearings of cases involving divorce, property disputes, and non-repayment of borrowed money...

You can often see a group of old people sitting in the gallery.

Seriously watching the fun.

"It's indeed a bit weird. Logically speaking, Zhao Dezhu's relatives should also come and see..."

Looking at the screen.

Qin Mu frowned, and realized something strange.

People like Jiang Daping...

Just a few.

These old people are all left behind in the countryside.

After their families knew about the case, they sent someone to look at it.

He remembered it clearly.

When many middle-aged villagers in Chenjia Village were prosecuted...

The auditorium was full of middle-aged women, and Zhang Qingyuan and the others were forced to watch the live broadcast in the courtyard.

But the audition scene of the Zhaojiacun case...

But no one came.

……

at the same time.

Zizhou.

a district court.

First Criminal Tribunal.

"Boom-"

The gavel sounded.

After the court discipline was read out, the presiding judge went on to say: "Now, please read the indictment to the public prosecutor and state the reasons for the case."

On the prosecution bench.

One of the public prosecutors stood up and read in a deep voice to the indictment: "On the 12th of this month, a vicious incident of stealing melons occurred in Zhaojia Village on the outskirts of Zizhou."

"The two parties involved in this melon stealing incident are Hu Wenning, the pumpkin field contractor, and many elderly people in Zhaojia Village, headed by Zhao Dezhu."

"After the incident happened, Hu Wenning verbally persuaded the old man to no avail. Later, he called the police. The police intervened in the investigation and mediation, and persuaded Zhao Dezhu and others."

"However, Zhao Dezhu and others developed a desire for revenge after the incident, and the education was ineffective. They carried out another act of stealing melons, and chopped down many pumpkins owned by the victim Hu Wenning."

"In the next few days, Zhao Dezhu and others visited every day, using trailers, snakeskin bags, scissors and other tools to steal pumpkins, causing huge losses to Hu Wenning's property, accumulatively more than 5 yuan."

"And after stealing the pumpkin, Zhao Dezhu and others entrusted the younger generation in the family to bring the pumpkin to the town for sale."

"After filing a case at the grassroots police station and arresting the melon seller according to law, Zhao Dezhu and others gathered outside the police station..."

"Our court believes that the actions of Zhao Dezhu and other 113 elderly people have violated multiple criminal laws, and they are suspected of crimes of theft, robbery, destruction of other people's property, and crimes of picking quarrels and provoking troubles. They demand that Zhao Dezhu and others be sentenced to fixed-term imprisonment in accordance with the law."

"The 65 people in Zhaojia Village sold the pumpkins illegally even though they knew they were stolen goods. They violated the criminal law and were suspected of the crime of covering up, concealing criminal proceeds, and proceeds from crime. We demand that the 65 people be sentenced according to law..."

A full 10 minutes.

The public prosecutor completed the prosecution of all the crimes of Zhao Dezhu and others, and gave the court a sentencing suggestion.

"Defendant, what do you have to refute the prosecutor's accusation?"

The presiding judge turned his head sideways and looked at Zhao Dezhu and the others.

This case...

Because there were so many defendants, Zhao Dezhu and the other three represented the others and appeared in court to plead their case.

"This one……"

in the dock.

After hearing this, Zhao Dezhu couldn't help but look at Zhang Wei and Wang Dachui next to him.

"Just follow what I told you before."

Zhang Wei gave an encouraging look.

"The pumpkins are indeed owned by Hu Wenning, and we did move the melons, but at most we stole and did not rob from Hu Wenning's hands, and those broken pumpkins... were all accidentally destroyed..."

Zhao Dezhu took a deep breath, and proceeded to defend according to the previous explanation.

This direction of defense...

Zhang Wei made it for him.

The public prosecutor accused them of four crimes, namely theft, robbery, destruction of other people's property, and the crime of picking quarrels and provoking trouble.

The first three...

It's all about stealing melons.

For the crime of theft, if the circumstances are ordinary and the amount involved is relatively small, the offender shall be sentenced to fixed-term imprisonment of not more than three years.

If the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

As for robbery...

The starting point is fixed-term imprisonment of more than three years and less than ten years.

As long as the act of robbery is carried out, this crime is constituted.

If there are still acts of entering the house, robbery on the bus, or serious injury caused by robbery, the sentence shall be sentenced to fixed-term imprisonment of more than ten years.

Fortunately, they move melons...

Not at Hu Wenning's home, but in the pumpkin patch.

Otherwise, the sentence will be severe.

And the crime of destroying other people's property...

According to Zhang Wei's account, he also tried to downplay this behavior, explaining that it was accidentally broken during transportation.

"The two parties have finished their statements. Let me summarize now. The dispute in this case is that the defendant believes that his behavior only constituted the crime of theft and picking quarrels and provoking trouble, but not the crime of robbery and intentional damage to other people's property."

in court.

The presiding judge spoke in a deep voice, and quickly summed up the key points of the trial.

"Next, we will first try the case of Zhao Dezhu and other 113 people suspected of theft, robbery, intentional damage to other people's property, and picking quarrels and provoking troubles. Please focus on the above-mentioned focus to start the lawsuit."

"Now enter the link of proof and cross-examination."

The voice just fell.

The public prosecutor stood up and took out a series of evidence materials.

Including surveillance video, witness testimonies, law enforcement recorders of grassroots police, witness testimonies at the scene, etc.

The evidence is abundant.

"It was the monitoring of some areas in the pumpkin field submitted by Hu Wenning. It was clear that Zhao Dezhu and others came to the pumpkin field one after another and carried out theft."

"It was daytime. Hu Wenning caught the old man who stole the melon. He took a video with his mobile phone. It can be clearly seen that in front of Hu Wenning, Zhao Dezhu and others forcibly took the pumpkin away."

"This is a nighttime surveillance video. It can be seen that Zhao Dezhu, Zhao Wangquan, Zhao Tiange and others came to the pumpkin field one after another, armed with machetes, and intentionally destroyed the pumpkin. The total cumulative loss reached 8200 yuan."

"here it is……"

The two prosecutors stepped forward one by one.

Submit the evidence they are responsible for and show it in court.

Each piece of evidence has legal effect and can prove that the other party's behavior has violated the criminal law and constituted the above four charges.

……

Jincheng.

nursing home.

Zhang Qingyuan and the others raised their heads and looked at the evidence listed by the prosecutor.

Slightly short of breath.

His complexion was a little flushed.

"Removed the melons in front of my face? And a trailer? Is this treating the pumpkin field contracted by others as your own vegetable field?"

"They were caught and deliberately retaliating. Is it possible that others can't catch them?"

"The key point is that they dare to go during the day, and they are too reckless. There are both men and women. Are they so short of this money?"

"Where are their children? Could it be that they are embarrassed to come to the scene?"

"By the way, didn't you say that they let their juniors sell melons, those people who sell melons...are they all their children?"

"..."

Invisibly.

Everyone's blood pressure went up a bit.

Such complete evidence...

It is enough to prove that they were not wronged.

Indeed, they went to Hu Wenning's pumpkin patch and stole the pumpkin.

even……

During the daytime, in front of Hu Wenning, he took the pumpkin away.

And Hu Wenning didn't dare to stop her.

Just let them go.

"The direction of defense that Zhang Wei found...is really accurate."

in the crowd.

Qin Mu's focus was different from everyone else's. He paid attention to Zhang Wei's performance the whole time.

In this case.

As the defendant of Zhao Dezhu and others, Zhang Wei did not rush to clear the blame, but turned the direction of defense to the crime of theft.

Robbery is very serious.

The crime of intentionally destroying other people's property is also not light.

and.

This case is quite special. Zhao Dezhu and others went to the pumpkin field many times.

Carried out more than one act of stealing melons.

therefore.

Their actions are most likely to apply the principle of concurrent punishment for several crimes, rather than a single felony.

Stealing melons is one thing.

Grabbing melons in person is one thing.

It's another thing to destroy a pumpkin at night.

None of this happened in one incident, it's an ongoing criminal state.

And Zhang Wei's defense is also very simple and clear.

Directly including the crime of robbery and intentional destruction of other people's property in the crime of theft has the opportunity to obtain the largest reduction in sentence.

If successful...

Only the crimes of theft and picking quarrels and provoking trouble need to be punished.

One of these two crimes is under three years, and the other is under five years.

He was punished for several crimes.

Everyone's sentence can be reduced to about two or three years.

Coupled with the identity of the old man...

High probability applies to probation.

"Boom-"

in the screen.

The presiding judge struck the gavel.

After the prosecutor showed all the evidence, he looked at Zhao Dezhu and others again.

Asked: "About the evidence presented by the public prosecutor just now, what do you have to question?"

For now.

These evidences have been identified by professional departments and are not fraudulent.

The court can accept it.

And as the defendant...

They also have the right to challenge the evidence and have the right to adjudicate according to law.

"Presiding judge, judges, we believe that the evidence just presented by the public prosecutor can only prove that our client has committed theft."

Beside the three of Zhao Dezhu.

Zhang Wei immediately stood up, bowed first, and said loudly: "These evidences are mostly videos."

"It can be seen in the video that our party has indeed stolen pumpkins many times and took them for himself."

"As for robbery..."

He paused.

The defense began: "The evidence submitted by the public prosecutor can only show that Ms. Hu Wenning dissuaded the behavior of the elderly, but when the two parties communicated, our client did not resort to violence or coerce the other party. "

"In the criminal law, the crime of robbery is the crime with the worst nature and the most severe punishment among crimes against property."

"It refers to the act of forcibly seizing public or private property for the purpose of illegal possession by means of violence, coercion or other methods."

"In the video, we can see that our party did not use any violence or coercion to forcibly seize the company's property."

"Most of our parties are elderly people in their 80s and 80s, and many of them are even over [-] years old. Their labor capacity and threat level are not enough to threaten Ms. Hu Wenning."

"She watched the old man move the melon away. She was more concerned about the old man's old age and frailty than fearing their coercion."

"Therefore, in terms of constituent elements, our side does not constitute the crime of robbery."

For this criminal evidence...

He launched an all-round analysis and directly denied the crime of robbery.

The reason for the crime of robbery...

The main basis for judgment is whether there is violence or coercion.

And the old people...

Obviously physically weak, there is no possibility of coercion.

It is impossible to force this crime with a bad nature and a serious sentence on them.

Doing so is undoubtedly unreasonable and violates the original intention of the robbery legislation.

And in the nursing home.

Everyone's eyes widened when they heard Zhang Wei's questioning.

"Which side is this Zhang Wei... from? Taking things away in front of others, doesn't that constitute robbery?"

"I remember the time when we went fishing, the gloomy wood that Xiao Qin caught was snatched away in person."

"It constituted robbery that time, why didn't it constitute a robbery this time?"

"Xiao Qin, what's going on?"

"..."

Zhang Qingyuan and others turned sideways one after another.

Staring at Qin Mu.

His face was full of doubts.

Even Wan Zhongyuan showed surprise.

Obviously.

He didn't understand what Zhang Wei said.

"The crime of robbery requires violence or coercion, and it is best to satisfy the condition that the strength gap between the two parties is too large."

Qin Mu looked at the crowd and explained with a smile: "I was robbed of Yin Shenmu before, and the other party was six big men, and I had no power to restrain the chicken. In addition to the video recording of the whole process, the other party's words were harsh and there were threatening behaviors, which naturally constituted a robbery. crime."

The gloomy wood case before...

He personally sent six people in.

It's all robbery.

The amount of robbery was huge.

Sentenced to more than ten years in prison.

And Zhao Dezhu and others...

Although they also snatched the pumpkin in front of their faces, considering the difference in strength between the two sides, there is not much difference.

In addition, the old people move slowly and have poor physical strength.

Not enough to pose a threat to Hu Wenning.

Hu Wenning could actually stop it forcibly, but she didn't stop it on the spot because of the age of Zhao Dezhu and others.

This retreat is reasonable.

Therefore it does not constitute robbery.

"So that's the case? It's a pity that Xiao Qin wasn't there at the time, otherwise High and Low would have given them an ironclad proof of robbery!"

"It is still useful to know some methods. It is inevitable that at some point you will be able to gather enough evidence to send the other party away."

"Xiao Qin, are you sure you have no strength to beat those six people?"

"I think that if there is a huge disparity in strength between the two sides, unless Hu Wenning was disabled on the spot, he would be powerless to stop it."

"..."

Zhang Qingyuan and the others showed a sudden look.

With a little emotion.

With Qin Mu present to explain, they saw the case more clearly.

Those who have studied the law and those who have not...

In terms of dealing with things, there is indeed a huge difference.

It was also being robbed face to face.

Qin Mu directly backhanded the crime of robbery to the opponent.

On Hu Wenning's side, however, the crime of robbery may not be constituted due to insufficient determination requirements.

This felony is missing...

Their sentences were dropped by at least three years.

in the crowd.

Wan Zhongyuan also nodded, and looked at Qin Mu calmly.

Qin Mu felt more and more dangerous.

He had heard about the case of Yin Shenmu at that time, in which Yin Shenmu was removed in front of Qin Mu, and all six of them were sentenced to more than ten years in prison!
"If you offend anyone, don't offend Qin Mu."

He muttered a sentence in his heart and said quietly to himself.

……

at the same time.

A district court in Zizhou.

First Criminal Tribunal.

After Zhang Wei questioned the evidence of the crime of robbery, he continued: "In addition, the crime of intentionally destroying other people's property proposed by the public prosecutor is also not suitable for our client."

"In the video, although our client chopped down pumpkins, the number of pumpkins destroyed by each person is limited, and the value is only a few hundred yuan."

"According to the provisions of the Criminal Law, the crime of deliberate destruction of property refers to the deliberate destruction or damage of public and private property, the amount of which is relatively large or there are other serious circumstances."

"As far as individual individuals are concerned, the value of the pumpkins we destroyed did not meet the local traceability standards for filing a case in Zizhou."

"Destroyed Pumpkins..."

In front of everyone in court.

He continued to play, and after counting the unit price of pumpkins, he concluded that each party on his side only destroyed a few pumpkins on average.

Did not meet the filing standards for the crime of intentionally destroying other people's property.

does not constitute this crime.

this sin...

If the circumstances are ordinary, he shall be sentenced to fixed-term imprisonment of not more than three years, public surveillance or criminal detention, and shall be fined alone or concurrently.

If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

And the crime of intentional destruction of property has the lowest standard for filing a case in Zizhou...

At least 2000 yuan.

However, the melon stealing behavior of Zhao Dezhu and others was only achieved cumulatively, not individually.

Therefore, it cannot be judged simply on the basis of this crime.

His defense...

What I was looking for was the loophole in the filing amount.

"We do not agree with what the opposing lawyer said."

And then.

A public prosecutor stood up and retorted in a deep voice: "From the evidence we presented, it can be clearly seen that Zhao Dezhu and other elderly people went to the pumpkin field to steal and chop down pumpkins one after another, which is obviously a premeditated act."

"It is already an organized premeditated crime, so it should be treated as a gang crime."

"The determination of the amount cannot be determined by the individual, but should be determined by the total amount of damaged pumpkins."

The sonorous and powerful voice echoed in the courtroom.

Hearing this, Zhang Wei couldn't help but froze.