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

This trial...

It is about the verdicts of these shameless and lawless old people.

When they heard what the old men had done to the pumpkin patchers, they were all very angry.

But soon they discovered something...

Many staff members of the cafeteria gathered around them and stood outside the yard.

I am also watching the live broadcast of this trial.

The cooks and side dish chefs in the cafeteria were also reluctant to leave the scene.

lead to……

Everyone was hungry and looked at each other.

"Go to work soon!"

in the crowd.

Seeing this, Wan Zhongyuan glared at the canteen staff on the periphery.

It's past lunchtime now.

His stomach is cramping now.

But these people...

He was not doing his job properly and did not provide meals on time.

As a result, people in the entire courtyard are now starving.

……

two hours later.

nursing home.

The staff in the cafeteria are busy preparing the meals.

And in the live broadcast in the yard...

The trial work for Zhao Dezhu and other elderly people is almost in progress.

The presiding judge and other judges confirmed and compared the illegal and criminal acts of Zhao Dezhu and others one by one.

Show in court.

To ensure the transparency and fairness of subsequent sentencing.

"Boom-"

In the sound of a solemn gavel.

The presiding judge took a deep breath and said in a deep voice, "Next, we will enter the second batch of trials of this case, and bring Zhao Fugui and other melon sellers up."

Followed by.

The bailiff opened the side door of the court and brought Zhao Dezhu's son, Zhao Fugui and others into the court.

These melon sellers...

They are all descendants of Zhao Dezhu and other old people, most of them are relatives and nephews.

After going to court.

The public prosecutor immediately stepped forward and complained about the actions of everyone.

What they allege...

Naturally, Zhao Fugui and others sold the stolen goods knowing that they were stolen goods.

Offended the crime of covering up, concealing illegal gains, and proceeds of crime.

The process is the same as before.

Seeing this, Zhang Wei also stepped forward and defended his client: "Dear presiding judge, judges, in this case, our client has a special relationship with Zhao Dezhu and other elderly people."

"Of course they knew about the pumpkins stolen by the old people, but they thought that the old people were unable to go to the town due to their inconvenient legs and feet, so they helped sell the pumpkins on their behalf."

"This is from the family relationship between father and son, and although the pumpkin is the proceeds of crime, the amount is not large, and the crime is relatively minor. The regulations used should be criminal detention, not fixed-term imprisonment."

Prosecutor's Sentencing Recommendations...

According to the number of melons sold, 65 people were sentenced to fixed-term imprisonment of one year to one year and three months for Zhao Fugui and other melon sellers.

For this crime...

His suggestion is actually to turn it into criminal detention rather than probation.

In terms of sentences for crimes, they are divided into the following categories: death penalty, life imprisonment, fixed-term imprisonment, criminal detention, control and probation.

The lightest of these penalties is restraint.

It is aimed at people with minor crimes and little harm to society.

At the same time, criminals are prohibited from engaging in specific activities, entering specific areas and places, and contacting specific people during execution.

Usually the penalty is more than one month and less than six months.

And the actions of Zhao Fugui and others...

It is knowing that the stolen goods continue to be sold and sold, and it is impossible to win control.

most appropriate……

That is detention.

Criminal detention is usually more than six months and less than two years.

He is detained in a detention center, but he can go home two days a month.

It is significantly different from the long assessment period of probation.

The detention period is short, there is no probation period, and you have the freedom to go home for two days.

and.

The biggest difference between criminal detention and fixed-term imprisonment and probation is that criminal detention is not counted among recidivists after the sentence is released.

Those who are sentenced to probation will be regarded as recidivists if they commit another crime.

That is, after committing a crime, he will be severely and severely punished.

and so.

Generally speaking, his defense direction is to reduce the sentences of Zhao Fugui and others to criminal detention within one year.

"In addition, our client is in a rural area, and there are still children left behind at home..."

Then go on.

He started from the perspective of family situation, preferential treatment to the countryside, and the general left-behind situation, and applied to the court for trial with consideration of human feelings.

"There shouldn't be any trouble this time, right?"

After stating your point of view.

He wiped his cold sweat with lingering fear, and looked at Zhao Fugui and others beside him calmly.

It is found that Zhao Fugui and others are very honest at this stage.

There is no desire to show and play.

"Presiding judge, judges, here are Zhao Fugui and others selling pumpkins in the town market, and claiming that the pumpkins were grown by themselves. Witness testimony, confession, video taken by law enforcement cameras..."

soon.

The trial again entered the stage of proof.

The public prosecutor came forward to provide evidence, showing the criminal facts of Zhao Fugui and others.

The chain of evidence is sufficient and cannot be denied.

As the descendants of Zhao Dezhu and others...

It is also impossible for them to use "unawareness" as an excuse.

"Now, please both sides debate freely."

The presiding judge spoke in a deep voice, ending the cross-examination session.

Zhang Wei and Wang Dahammer looked at each other.

Wang Dachui took the initiative to stand up and started around the application of fixed-term imprisonment and criminal detention.

It is recommended that the sentence be fixed as criminal detention.

This link...

It was also pretty smooth.

There were basically no moths.

Zhao Fugui and the others were very honest, and they did not take the initiative to speak unless the presiding judge asked questions.

"The defense in the second half...should be stable."

Looking at the situation on the field, Zhang Wei heaved a sigh of relief.

Selling stolen pumpkins is indeed a crime.

But in terms of joint crime, this act is an accessory.

From the perspective of father and son, they are just helping their father, which is understandable.

In terms of amount, the profit from selling pumpkins...

All were given to Zhao Dezhu and other old people.

Few of them kept it privately.

Coupled with the special family situation in their respective villages...

There is still a great chance of being sentenced to criminal detention.

……

at the same time.

nursing home.

Zhang Qingyuan and others watched the live broadcast of the second half while eating.

They are jealous...

I can't wait for Zhao Fugui and others to get together with Zhao Dezhu and the others in the prison.

"It's over, it's over, I think Zhang Wei's defense is so good."

"Wouldn't it be possible for them to successfully change from fixed-term imprisonment to criminal detention? Does criminal detention count as a criminal record?"

"The atmosphere has been enhanced to this point. If people like Zhao Fugui don't come here, I'm afraid things will end badly."

"By the way, what exactly is detention? Where is it? Do you want to go to jail?"

"..."

Watching Zhang Wei and Wang Dachui cooperate with each other.

Everyone showed displeasure.

As the client's lawyer, there is nothing wrong with reducing the sentence.

after all……

If there is no profession of lawyer, the power of sentencing will be infinitely magnified.

Criminal laws are likely to become more stringent.

but……

The actions of Zhao Dezhu and others really do not deserve their sympathy.

The same is true for Zhao Fugui and others who are accomplices.

but……

Zhang Wei and Zhang Wei performed very well in the second half, while Zhao Fugui and others all acted like turtles.

Very well-behaved.

Without the slightest desire to express.

Make them unable to get up or down.

It was the first time they had seen such an honest defendant.

"Detention is also a type of punishment, and it also has a criminal record."

Looking at Zhang Qingyuan and others who were getting more and more anxious, Qin Mu continued to act as the commentator and spoke seriously.

Only then did the cursing people stop.

They all turned their heads.

He looked at Qin Mu.

"Prisoners with a fixed-term sentence of more than one year are detained in prisons, and those with a fixed-term sentence of less than one year are detained in detention centers."

"Detention and control are held in public security organs, that is, detention centers."

"Regulation does not require detention, but detention is in a detention center, and you can go home two days a month."

Looking at the crowd, Qin Mu explained the difference between the three punishments.

Life in a detention facility...

Compared with detention centers and prisons, it is the best.

The degree of freedom is large, as long as you have money, you can spend at will in it, eat whatever you want, and you can also order takeaway.

The detention center is rather boring.

He was handcuffed the whole time and was trapped in a ten-square-meter area.

Waking up, eating, making bed, going to bed every day...

The consumption situation is slightly worse than that of the detention center.

As long as you have money...

You can even spend thousands of yuan a month in the detention center, except for takeout.

And the prison...

It appears to be more free, without handcuffs, and can have more entertainment activities.

Such as studying, working, sleeping, being on duty, entertaining, making phone calls, writing letters, meeting...

Driving, playing games, and playing ball in prisons are all very common.

In a word.

Detention centers and detention centers have them, and prisons have them. What are not in detention centers and detention centers, they are also in prisons.

In addition to spending restrictions.

"Then if the sentence is changed from fixed-term imprisonment to criminal detention, wouldn't they go to enjoy the blessings? They can eat whatever they want?"

"The detention is only a few months, isn't that too light?"

"It's a pity that Zhao Fugui didn't live up to it. He actually listened to Zhang Wei the whole time and didn't have any opinions of his own."

"Won't he be sentenced to criminal detention in the end?"

"..."

After Zhang Qingyuan, Li Weiguo, Song Tiancheng and others knew the difference between criminal detention and fixed-term imprisonment, they immediately became unhappy.

To them.

The melon sellers are also accomplices, maybe there is something behind their instigation.

Nothing is complete without a person to be judged.

"It is estimated that the results are coming soon."

Qin Mu didn't argue, but looked up at the live broadcast on the screen.

After being pitted in the first half.

Zhang Wei performed very well in the second half and was not cheated.

Not surprisingly...

The 65 people including Zhao Fugui should be sentenced to criminal detention.

Although there is also a criminal record, the sentence is quite light.

As long as you are willing to spend money...

It can even be treated as a vacation for a few months.

……

Zizhou.

a district court.

First Criminal Tribunal.

"Boom-"

As the trial proceeds.

A gavel sounded.

The presiding judge looked at the crowd below, and said in a deep voice: "Now, Zhao Fugui and 65 people, please make the final statement."

Zhang Wei and Wang Dachui have already stated their defense points.

An application was also filed for a lighter sentence.

The free debate session is over.

The trial is also in its final stages.

That is, the final statement of the defendant, which gives each defendant the right to make a statement.

The voice just fell.

Zhang Wei's expression froze, and he couldn't help looking at Zhao Fugui and the others.

They played very well in the second half.

Next...

Just look at this final link.

In several of his previous cases, the defendant played freely in court during the final statement.

Completely disrupted the rhythm of his defense.

affected the final judgment.

Fortunately this time...

Zhao Fugui and the others had no desire to show off at all, and remained stable.

Step forward one after another.

Expressed willingness to plead guilty and had a good attitude.

Nothing happened.

see.

The stone hanging in Zhang Wei's heart was finally let go.

After half an hour.

65 people completed each statement one after another, all according to his account.

"This one should be stable."

aside.

Wang Dachui also showed joy, and couldn't help but said.

Zhang Wei nodded.

Although Zhao Dezhu's commutation may fail, the chances of winning in the second half are still great.

As long as there is a case that can be taken...

They can successfully open the Zizhou market and open a branch in Zizhou.

Jincheng...

The crime rate is getting lower and lower, there are fewer and fewer criminal cases and civil cases, and the security is getting better and better.

It is no longer suitable to open a law firm.

"Boom-"

in court.

After everyone finished their statements, the presiding judge continued: "The trial of this case is over, and the court will be temporarily adjourned for half an hour."

Done.

He stood up and left the court with the other six members of the collegial panel.

Enter the conference room behind the court.

……

in the conference room.

"Tell me, what do you think about this case?"

After the seven people were seated.

The presiding judge looked at the others and asked.

The case has progressed to the present.

They all already know about it.

So far no doubts have been found, the criminal facts of stealing and selling melons are accurate and the evidence is conclusive.

but……

This case is rather special.

It is a typical special case of crime committed by the elderly.

If the judgment is biased, it will easily arouse unnecessary public opinion.

"The age of these old people... are all seven or eighty years old."

One of the judges raised his head and reminded: "The number is still quite a lot, more than a hundred people."

This is the crux of the matter.

Once the collective sentence is sentenced, it may cause quite a stir.

"What's wrong with the large number of people? Which law stipulates that the law does not punish the public?"

The other judge frowned and snorted coldly.

The law does not blame the public, it is just the concept of the people.

Those who don't know the law always feel that as long as there are many of them, it is impossible to catch them.

Because of this mentality.

Only then will they have the courage to gather crowds to cause trouble, ignore the law, and ignore the consequences.

"Having said that, our nation has always respected the old and loved the young, and for the elderly..."

The judge smiled wryly, feeling a little helpless.

Respect for the elderly has formed an overall social concept and consensus.

Even in law, there are corresponding preferential treatment for the elderly over 75 years old.

"However, this incident is quite bad. Zhao Dezhu and other seniors refused to change after repeated admonitions. They attacked Hu Wenning's pumpkin field several times, stole the pumpkins, and even took away the pumpkins in person."

The presiding judge interrupted the quarrel between the two and spoke in a deep voice.

before the court session.

He had learned about the case in detail and knew what happened.

Zhao Dezhu and other old people are very domineering in Zhaojia Village.

Especially Zhao Dezhu.

There have been many quarrels and other conflicts with villagers from other villages.

When I was young, I had many records.

and.

Just now in court.

Zhao Dezhu was indifferent the whole time, with an expression of indifference towards them...

Absolutely no respect for the courts and the law.

As if this was not his trial.

"There has always been a focus on crimes committed by youth and crimes committed by the elderly."

The presiding judge then scanned the crowd and said earnestly: "For this group of people, we certainly want to protect them, but more is warning and prevention."

"Once they have committed a crime, we legal workers should establish the correct orientation to prevent latecomers from committing crimes again, instead of condoning and fostering adultery."

"If we continue to indulge, there will inevitably be imitators in the future who think that the elderly have privileges and can ignore the law."

"In the long run, there will be more and more people like Zhao Dezhu."

Zhao Dezhu was a repeat offender.

Disregarding the law and discipline in court, the attitude is very arrogant.

Such behavior……

It was precisely because he was punished too lightly, or not punished at all.

The criminal law needs protection for the elderly, but it should not be a display!
"The presiding judge is right. I agree with this. During this period of time, the crime rate in Zizhou has increased significantly, and there are many crimes committed by the elderly."

"Crime crimes by the elderly should indeed be supplemented by punishment, with prevention and warning as the main focus. Publicity and law popularization should be strengthened so that the elderly can understand the law."

"Compared with Jincheng, there is a huge gap in law and order between Zizhou and Jincheng. I went to Jincheng some time ago, and their court cases are getting fewer and fewer, while ours are getting more and more. We are almost overwhelmed."

"For the elderly, it is inevitable that they will be sent to the old disabled prison area after being sentenced. I think probation is more suitable for them."

"..."

Everyone in the collegial panel opened their mouths and spoke freely.

They all expressed their concerns.

The crime rate in Zizhou remains high, and the neighbors are starting to apply for a civilized city.

But their cases are getting more and more busy.

As for the punishment of Zhao Dezhu and others...

Under comprehensive consideration.

They decided to apply probation to all.

A total of 113 elderly people, all of whom are imprisoned, have a relatively large impact.

Also.

These people are older, and there is a high probability that they will be assigned to the elderly and disabled prison area for old-age care.

It really can't achieve much transformation and warning effect.

And probation...

It is to assign them to their respective correctional communities, and the communities will carry out the reformation of their thoughts and actions.

The transformation of the community is actually more stringent.

Daily reporting actions are required, and regular visits to judicial offices are required.

It is more suitable for these elderly people.

"What about the melon sellers like Zhao Fugui?"

Then go on.

Everyone started the next topic, discussing the verdict of 65 melon sellers.

Zhao Fugui and others...

Most of them are the nephews of these old people.

As the defendant's lawyer said, he came from a left-behind area, and the situation is special.

"The defendant's lawyer is not unreasonable. Most of these people helped sell pumpkins because of their family relationship."

"Although the facts of the crime exist, it can indeed be given a lighter sentence. I am in favor of a lighter sentence."

"But criminal detention is too light for them, especially when Zhao Dezhu and others are sentenced to probation."

"In my opinion, as the guardians of the elderly, they failed to stop the criminal behavior of the elderly in time, and they committed crimes with the elderly to help sell stolen goods. The circumstances are relatively bad."

"..."

Followed by.

The seven disagreed over the sentences of Zhao Fugui and others.

Those who believed that Zhao Fugui and others were given a lighter punishment could be given a lighter punishment.

There are also those who think that Zhao Fugui and others failed to dissuade the elderly from committing crimes, and even committed crimes together with them, so they should be severely punished.

a time.

The attitudes of the two sides failed to reach a consensus.

"Let's vote."

The presiding judge looked at the other six people and said slowly, "I agree with the sentencing proposal put forward by the public prosecutor."

The other six people also spoke one after another.

expressed their views.

At last……

The four maintained their original sentencing proposals, and the three believed that they should be given a lighter sentence.

……

Jincheng.

In the nursing home.

After the adjournment.

The picture on the projection screen also stopped.

Zhang Qingyuan and others all looked away, suddenly becoming bored.

"There is still half an hour left. I am a little nervous about the verdict. My wife was not so nervous when she gave birth to her eighth child."

"I think that Zhao Dezhu still has no intention of repenting. I hope the sentence will be heavier."

"It's useless no matter how severe the sentence is, didn't Xiao Qin say that? They will go to the old and disabled prison area."

"By the way, is the prison area for the disabled really similar to our nursing home?"

"..."

The crowd was chattering.

discussed.

Looking forward to the verdict.

Even more concerned than Zhao Dezhu and the others.

at last.

in half an hour.

On the projection screen, a picture appeared.

The presiding judge led the rest of the collegiate panel members into the courtroom again.

All rise.

The presiding judge began to solemnly announce: "After six hours of trial, the First Criminal Tribunal of Zizhou District Court accused 113 elderly people including Zhao Dezhu of stealing, robbing, deliberately destroying other people's property, and picking quarrels and provoking troubles. Find out the facts of the crime."

"The whole process of the case is unquestionable and the facts are clear. Our court believes that Zhao Dezhu and other 113 elderly people stole the victim Hu Wenning's pumpkin field many times. The behavior is true and violated the Criminal Code..."

"After the incident, Zhao Dezhu and other 113 criminal suspects showed no remorse and did not take the initiative to apologize and compensate Hu Wenning. Instead, they felt revenge and continued to steal and destroy pumpkins."

"Furthermore, after the grassroots law enforcement agency made an administrative penalty judgment, it has been delayed until now and refused to implement it, resulting in a total of 350 yuan in late payment fines."

"Zhao Dezhu and other criminal suspects' nephews and descendants, knowing that they were stolen goods, did not stop and dissuade them, but instead helped them sell pumpkins, which violated the Criminal Code of our country..."

"This court now makes a judgment in accordance with the law:
Zhao Dezhu committed the crime of theft, intentional destruction of property, and the crime of picking quarrels and provoking trouble. He was sentenced to five years in prison and a corresponding fine, and was ordered to pay an administrative fine within three days.

Zhao Tianquan committed the crimes of theft, intentional destruction of property, and the crime of picking quarrels and provoking trouble. He was sentenced to four years in prison and a corresponding fine, and was ordered to pay the administrative fine within three days.

Zhao Laoliu committed the crimes of theft, intentional destruction of property, and the crime of picking quarrels and provoking trouble. He was sentenced to three years in prison with a five-year suspension of execution, and a corresponding fine was paid, and he was ordered to pay an administrative fine within three days.

Zhao Sandian committed the crime of theft, intentional damage to property, and the crime of picking quarrels and provoking trouble, and was sentenced to three years in prison with a five-year reprieve..."

in court.

The solemn voice kept echoing.

Except for a few first offenders such as Zhao Dezhu, the others were sentenced to corresponding probation.