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

The premeditated crime...

For his client, it was fatal.

because……

Their actions are all in groups, going to the pumpkin patch one after another.

Although they moved the pumpkins, they all moved their own way.

But in general, their actions are inextricably linked to organized crime.

in the legal sense.

Organized crime refers to all organized joint criminal activities intentionally committed by three or more persons.

This type of crime...

It belongs to the joint participation of many people, just like the behavior of Zhao Dezhu and others.

Several people successively entered Hu Wenning's pumpkin field and carried out theft, which constituted a joint crime.

In terms of identification.

Organized crime is not judged by a single individual, but judged by each person's status and role in the crime.

For example.

Zhao Dezhu was the first to steal melons, and told the news to other old people.

The other old people listened to his instigation and became greedy, so they also went to participate in the melon stealing.

Zhao Dezhu is the first offender in organized crime, that is, the kind that is severely punished.

Even if the amount of pumpkins he personally damaged by stealing melons was only a few hundred yuan, it did not constitute the crime of deliberately destroying other people's property.

but……

As the first offender, he needs to be responsible for the actions of the entire "criminal gang".

Need to bear...

It is the property loss caused by the common destruction of all.

According to Zizhou's criteria for the crime of deliberately destroying other people's property, the accumulated losses of pumpkins fully meet the criteria for filing a case.

As for the rest...

According to the subordinate status in the criminal gang, the corresponding criminal responsibility will also be borne.

There is no escape and no avoidance.

"The presiding judge, the judges, and the other party's public prosecutor, I have something to say about organized crime."

After the prosecutor's statement.

Zhang Wei took a deep breath, and said in a deep voice: "This kind of crime is mainly aimed at major crimes such as human trafficking and drug trafficking, and our client is just a helpless old man, old and frail, so it should not be applied. to organized crime."

"According to the criminal law, organized and premeditated crimes should be severely punished."

"However, most of our clients are villagers. They stole several times. Although their behavior is bad, if they are sentenced for organized crime, it will be biased in terms of legal interests and the value of criminal law."

The same for organized premeditated crime.

He was really caught off guard and didn't know how to refute.

To know.

Zhao Dezhu and others live in the same village, so it is inevitable to communicate with each other.

As long as there is a little interrogation, their confessions and testimonies can be obtained.

Only the existence of "pre-agreement", "planning in advance" and other facts are sufficient to constitute this type of crime.

therefore.

He can only start from other aspects, trying to obtain the inclination and approval of the collegial panel.

"Our court has investigated the past files and records of these old people, especially the defendant Zhao Dezhu."

On the prosecution bench.

A public prosecutor stood up again and said loudly: "Six years ago, Zhao Dezhu was suspected of extortion because he touched porcelain on a country road."

"Three years ago, Zhao Dezhu had a dispute with Li Si from Lijia Village. They fought each other, and he was severely injured with a cane."

"In addition, during the interrogation, we obtained statements from more than [-] elderly people detained in the detention center. We can confirm that they will notify before stealing melons and go in batches to avoid too much attention."

"Facts have proved that under the influence of Zhao Dezhu, the villagers did have organized crimes."

"Most of the rest of the villagers are accomplices, and Zhao Dezhu and a few others have been responsible for this crime..."

The public prosecutor's voice was sonorous and powerful.

Constantly echoed in the courtroom.

And the lawyer's seat.

Zhang Wei and Wang Dachui couldn't help but look at each other after hearing this.

The faces of the two couldn't help but become a little ugly.

The three words "being cheated" were almost written on the face.

recidivism!

as a professional lawyer.

From the evidence presented by the prosecutor just now, their first reaction was these two words!

According to the criminal law, probation is prohibited for repeat offenders and should be punished severely.

And what Zhao Dezhu did before...

They don't know it at all in advance.

Zhao Dezhu never took the initiative to confess to them!
When they arrived in court, they were even more caught off guard!
In organized crime, the role of the first offender is crucial.

If the first offender has a previous criminal record, etc., it will affect the nature of the entire incident.

Because Zhao Dezhu was alone...

Directly dragged all their parties into the water!

……

Jincheng.

nursing home.

In the courtyard, a burst of noisy discussions erupted.

"Good guy! Is it true or not? He has also participated in Pingci?"

"Sure enough, people don't suddenly become bad, he was always that bad!"

"It's okay to touch porcelain, but a few years ago he beat others seriously? He was almost 80 years old a few years ago, right?"

"This man doesn't look good, but he looks a bit ruthless. When he was young, he was definitely not good at each other!"

"It's no wonder that these people are all looking forward to him. Birds of a feather flock together, and people are divided into groups. No one is wronged!"

"..."

Zhang Qingyuan and others looked a little excited.

From time to time, he uttered a few dirty words.

These previous cases cited by the public prosecutor...

It is enough to show that Zhao Dezhu's character was not very good before.

Touching porcelain and beating people, these two alone are not something ordinary people can do.

and.

They were always paying attention to the direction of the dock, but found that Zhao Dezhu's expression was quite calm when the prosecutor said this.

There was no sense of panic or shame.

as if……

These things have nothing to do with him.

On the contrary, Zhang Wei and Wang Dachui's faces were extremely ugly, and they were so stunned by the public prosecutor that they were speechless.

It seems to give up resistance.

"Steady, steady, I've seen this expression before, with a hint of aggrieved in the shock, and a little angry in the helpless."

"Then they are definitely going to increase the punishment this time, but I don't know how long?"

"I just listened to the sentencing recommendations of the public prosecutor. It seems that Zhao Dezhu, the tallest among them, suggested a five-year prison sentence."

"Isn't five years too little? Even if it doesn't constitute the crime of robbery, it can also constitute the crime of theft, intentionally destroying other people's property, and the crime of picking quarrels and provoking trouble."

"..."

Everyone is excited.

Can't help but feel a little lost.

The sentencing recommendation given by the public prosecutor is really too low.

They were completely different from those who Qin Mu sent in with his own hands before.

Which of those people is not more than ten years old.

the craziest...

It even directly reached the capped 20 years!
Now only a life sentence and a death row prisoner are short of the achievement.

"Xiao Qin, what's the matter? Did the prosecutor make a wrong suggestion?"

Zhang Qingyuan and others couldn't figure it out, so they had to look at Qin Mu.

Even Wan Zhongyuan...

He also cast a curious look at Qin Mu.

"Ahem, this involves the principle of simultaneous punishment for several crimes. It belongs to addition and subtraction within ten, which is relatively complicated."

Qin Mu looked at the crowd and explained something seriously.

"What do you mean?"

Everyone was dumbfounded.

"It is like this. Combined punishment for several crimes is a sentencing circumstance in the case of multiple crimes committed by one person in the Criminal Law. For multiple crimes, there are two types: first reduction and then combination and first combination and then reduction. It depends on the specific circumstances. Specific analysis."

Qin Mu explained again.

But everyone...

Still bewildered, completely ignorant of the so-called reduction first and then merge and merge first and then subtract.

"It is more complicated to reduce first and then merge and first merge and then reduce. Let me simply talk about the calculation method of the total sentence for several crimes."

Qin Mu thought for a while and said patiently: "Take Zhao Dezhu as an example. According to the prosecution by the public prosecution agency, he was charged with theft, robbery, intentional destruction of other people's property, and the crime of picking quarrels and provoking trouble."

"These four crimes occurred in different time periods, not the same behavior, so they are punished together."

Zhang Qingyuan and the others listened and nodded involuntarily.

Watched the trial for so long.

They still know a lot about it.

If someone is beaten, but someone dies due to the beating, the crime of intentional injury and intentional homicide is committed, and the crime of intentional homicide shall be sentenced according to law.

"According to the principle of combined punishment for several crimes, the final sentence should be the accumulation of the four crimes, and we can directly calculate the upper limit of the sentence for several people."

Qin Mu went on to say: "The crime of theft is ordinary, the sentence is less than three years, the crime of robbery is sentenced to less than ten years, the crime of intentionally destroying other people's property is sentenced to less than three years, and the crime of picking quarrels and provoking troubles is sentenced to less than five years."

"Cumulatively added, the maximum sentence is 21 years."

"But because the total sentence does not exceed 35 years, the maximum sentence is 20 years."

Speaking of it.

Qin Mu also said: "As for the minimum sentence, it should be above the most serious sentence among the several crimes, that is, the lower limit should be determined according to the crime of robbery."

"The crime of robbery shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years."

"Therefore, Zhao Dezhu's final sentencing interval should be more than three years and less than 20 years. Sentencing within this interval is reasonable."

Everyone hears here.

Even more confused.

"The sentencing range is really too big, the highest is 20 years, and the lowest is only three years!"

"Then why did the sentencing of the previous defendants go directly to the 20-year cap?"

"I always feel like I'm a little out of my mind."

"I can hardly figure out addition and subtraction within ten."

"..."

Everyone's eyes widened.

Always feel that something is wrong.

But can't tell.

"The specific number of years to be sentenced requires a specific analysis of specific crimes."

Qin Mu smiled and said patiently: "According to the amount of pumpkin Zhao Dezhu stole, he should be sentenced to a fixed-term imprisonment of less than three years, but considering that he is an elderly person, he should be given a lighter sentence, assuming a one-year fixed-term imprisonment."

"According to the crime of robbery, it should be sentenced to fixed-term imprisonment of more than three years and less than ten years. However, considering that there was no violence in the robbery, it is assumed that the sentence will be sentenced to fixed-term imprisonment of three years."

"The crime of deliberately destroying other people's property, damaging pumpkins for several hundred yuan, the amount is small, and the circumstances are ordinary, should be sentenced to a fixed-term imprisonment of less than three years, assuming a six-month fixed-term imprisonment."

"For the crime of picking quarrels and provoking trouble, organizing personnel to attack grassroots law enforcement agencies should be sentenced to a fixed-term imprisonment of less than five years, but no serious losses have been caused, and most of the people involved in the collision are elderly people, so it is not appropriate to be punished too severely. Suppose a sentence of six months in prison."

"Adding up the four crimes, Zhao Dezhu's total sentence is five years."

Done.

He raised his head and looked at the silent crowd.

But found...

Zhang Qingyuan, Li Weiguo, Song Tiancheng and others were all blinking.

Seems to be thinking about something.

After more than ten seconds.

Only then looked at him with a speechless face, and began to complain in a hurry.

"So the sentencing interval is more than three years, less than 20 years, and finally five years?"

"It seems to be the same reason. The pumpkins they stole don't have much money, and it is unlikely that they will reach the maximum sentence."

"The middle-aged couple who invaded Lao Zhang's son's house before have been punished for more than 30 years. No wonder they have been capped at 20 years. Their minimum sentence seems to be more than ten years."

"The preferential treatment given to the elderly is too much. If it is replaced by young people, it will be as high as five or six years in prison."

"..."

For this result...

None of them were very satisfied.

The maximum sentence is 20 years, and this is the last point!
Others are fine.

Zhao Dezhu, a recidivist, has had several convictions before, and it's been five years!

"There is no way to do this. The criminal law stipulates that the elderly who have exceeded the age of 75 can be commuted for every crime."

Qin Mu shrugged, feeling a little helpless: "Once the four crimes are reduced, naturally it will not be a few years."

Although the criminal law stipulates that the sentence can be reduced, it can be reduced or not.

but……

Considering that the old people's behavior of stealing melons did not cause serious consequences, and there were no casualties.

So what should be reduced still needs to be reduced.

but……

It is already a huge breakthrough to put these elderly people who could not go to prison in the first place.

……

Zizhou.

a district court.

First Criminal Tribunal.

After the prosecutor dropped the "recidivist" bombshell.

Zhang Wei was also powerless.

In the link of proof and cross-examination, it fell into a disadvantage.

"Boom-"

The presiding judge sounded the gavel and continued to preside over the trial session: "Let's start a free debate. Both parties can speak freely and discuss the focus of the dispute."

Zhang Wei and Wang Dahammer looked at each other.

Wang Dachui walked out first, and looked at Hu Wenning who was on the witness stand.

"First of all, the behavior of our client has caused great loss and psychological harm to Ms. Hu Wenning, and we are willing to sincerely apologize."

Done.

He nodded slightly towards Hu Wenning.

But Zhao Dezhu and the others in the dock next to him were indifferent, and even thought that he was making a fuss out of a molehill.

"Secondly, what I want to say here is that our clients are all left-behind elderly in rural areas. The youngest is 72 years old and the oldest is 84 years old."

"I hope that the presiding judge and other judges will consider our client's age and give him a lighter trial as appropriate."

Wang Dahammer paused, and then said: "Our party also deeply regrets this matter, and has actively corrected and expressed remorse..."

He was talking ahead.

But the expressions of Zhao Dezhu and others in the dock were in stark contrast.

Face full of disdain and contempt.

Not showing any sincerity.

"Are you showing remorse?"

in court.

After hearing this, the presiding judge frowned slightly.

Staring directly at Zhao Dezhu, he asked, "Defendant Zhao Dezhu, what do you have to say about this matter?"

Seeing this, Zhang Wei quickly winked at Zhao Dezhu.

The previous half has been defeated, and now it depends on whether this half can restore the situation.

but……

Zhao Dezhu's face was full of contempt and disdain, and he curled his lips and said, "It's just a few melons, what else is there to say?"

His expression and attitude seemed to disregard the court.

"Your lawyer said that you have deeply regretted the theft. Do you have anything to say to the victim?"

The presiding judge frowned and spoke again.

result……

Zhao Dezhu snorted coldly: "I stole a few melons, but that's just a few melons? To her, it's not worth a lot of money. She insists on haggling over every detail, embarrassing us everywhere, and even making trouble to this level .”

"If you want me to say, she..."

The more he spoke, the angrier he became, and he was about to scold Hu Wenning a few words.

Suddenly noticing Zhang Wei's increasingly livid face, he closed his mouth.

No more arrogance.

"It's over."

When Zhang Wei saw this scene, his heart skipped a beat.

I just feel his effort...

It may be in vain again.

to be frank.

After receiving the case this time, he studied it carefully.

I think it's very easy to play.

It is only necessary to focus on the special status of the elderly, as well as the fact that there are too many elderly people, blindly following the crowd, and extenuating circumstances, etc., to strive for maximum commutation of sentences.

but……

Zhao Dezhu is really too cheating.

From the beginning to the end, the court was not taken seriously.

It was different from the middle-aged couple who contempt of the court and yelled at the presiding judge he had met before.

That middle-aged couple was purely ignorant and fearless, ignorant of the heights of the heavens and the earth, and of the law.

And Zhao Dezhu...

It is the contempt of the court that comes out from the bottom of his heart, and he feels that the sentence is no big deal.

This kind of contempt exists from beginning to end.

therefore.

He dared to take advantage of his status as an elderly person to bully Hu Wenning continuously.

"I don't accept their apology!"

at the same time.

On the witness stand, Hu Wenning, the victim, stood up.

He said very seriously: "They stole melons twice and three times. The circumstances were very bad and caused me great trouble and loss. I request the court to give a stricter sentence!"

"you……"

Upon hearing this, Zhao Dezhu immediately turned his head and glared at her.

But was taken aback by Hu Wenning's eyes.

At this moment, Hu Wenning...

The look in his eyes was completely different from what he remembered.

In the past, Hu Wenning was a bit cowardly, always retreating when things went wrong.

But now his eyes were sharp and sharp, and the words "Send him to jail" were almost written on his face.

Full of firmness.

He didn't even dare to look at him.

……

at the same time.

Jincheng.

In the nursing home.

"Okay! Well said! It should have been like this a long time ago! Why are you afraid of him?"

"If Hu Wenning had shown this attitude earlier, the other party would not dare to push forward."

"If you want me to say, these people are used to it. They feel that they are old, and everyone has to give in to them!"

"If I were a judge, I would have to give them a few more years."

"..."

Zhang Qingyuan and others watched the scene on the screen.

All showed approval.

Judging by their years of experience...

The wicked will be tortured by the wicked.

Zhao Dezhu and others are purely bullying and fearing the hard. The more you are afraid of him, the more he will push your nose.

If you steal melons for the first time, give them a threat, and they promise not to do it a second time.

This scene.

They also looked very comfortable.

"It is estimated that the dust will settle."

in the crowd.

Qin Mu withdrew his gaze and murmured.

The trial is now in progress.

Zhang Wei and Wang Dachui have almost stated their defense viewpoints and propositions.

It's a pity that Zhao Dezhu didn't cooperate.

result in a greatly reduced effect.

Among all the defendants he has met, Zhao Dezhu is also the one who ignores the court in his bones.

"Boom-"

in court.

After the free debate session lasted for an hour, the presiding judge said: "Both sides have stated their views, and now we bring the remaining defendants to court."

Say it.

The door on one side of the court opened suddenly, and the bailiff led a group of gray-haired elderly people out of the waiting room.

They stepped forward one after another.

Came to the dock and stood behind Zhao Dezhu.

"Zhao Wangquan, this is your statement. On the 12th of this month, did you go to the pumpkin field outside Zhaojia Village?"

"Have three pumpkins been stolen?"

"Whether it was..."

After the presiding judge and the rest of the judges looked at each other.

Begin to conduct individual trials on each person's illegal and criminal acts.

these questions.

Although in the interrogation stage, it has already been carried out.

But the courts pay attention to fairness and justice. They need to verify the accuracy of all evidence and testimony, and give the defendant the opportunity to appeal.

And the old man involved in this case...

Reached 113th place.

In order to speed up and improve efficiency...

The presiding judge and the judges only conducted related trials on key core issues.

"Xiao Qin, I have a hunch that the interrogation will not be finished today?"

"I remember the last time there were more than 3000 defendants, and it took five full days to finish the trial."

"They should be sentenced. Now I want to see those who sell melons."

"I have a question. Didn't you say that the three generations are not involved now? But those who sell melons seem to be their sons or something. Their grandchildren will also be affected, right?"

"..."

In the nursing home.

Zhang Qingyuan and the others looked at the boring trial session in front of them and whispered to each other.

communicate with each other.

compared to the previous section.

Now it's just the presiding judge's trial of the case and sorting out the case, which is long and boring.

The questions asked are also how many melons were stolen, why they stole melons and so on.

"I guess it will be in the afternoon."

Qin Mu shrugged his shoulders and looked at Lao Zhang and others who had forgotten to eat and sleep.

Youyou reminded: "It's almost time to go to eat first, and then watch the second half of the trial after eating."

In the first half, the case of Zhao Dezhu and other elderly people was heard.

In the second half, it was the case of those melon sellers.

As Lao Zhang and others said...

The criminal record only affects immediate children, and has nothing to do with the elderly of Zhao Dezhu's generation.

but……

They steal melons, and their sons and nephews sell melons, directly inheriting their criminal records.

The same will have a huge impact!

"I'm really hungry, but it's faster now?"

"Old Wang, help me go to the cafeteria to make a meal, and I will sit here and eat, and I will eat like this."

"I'm not going to the cafeteria anymore, who will help me make a meal?"

"Xiao Qin, do you want to go to the cafeteria and make a meal for me?"

"..."

Zhang Qingyuan and others touched their stomachs.

Only then did I realize that I was hungry and it was time to eat.

But few are willing to leave the front of the screen.

For fear of missing some wonderful clips.