Lawyer

Chapter 167
"The appellee, Yuan Wei, can defend himself," said the presiding judge.

"I agree with the judgment of the first instance." After all, Yuan Wei had never experienced such a thing, and his mind went blank when he was taken to court.

"Now the defender of the appellee Yuan Wei will speak." said the presiding judge.

"The defender believes that the application of the law in the first instance was correct and the sentencing was appropriate. The reasons are as follows:
Appellee Yuan Wei reached a compensation agreement with the victim through his close relatives and obtained the victim's understanding, so he can be given a lighter punishment.

Article [-] of the Interpretation of the Supreme People's Court on the Application of the "Criminal Procedure Law of the People's Republic of China" stipulates: "In cases where a settlement agreement has been reached, the people's court shall give the defendant a lighter punishment; , non-custodial sentences shall be applied; if the statutory minimum penalty is still too heavy, the punishment may be mitigated; if the overall case considers that the crime is minor and does not require a penalty, the criminal penalty may be exempted. '

The above clauses only stipulate the handling of 'cases with a settlement agreement', and expressly require immediate performance.Therefore, we believe that both the appellee and the victim in this case have reached a settlement agreement. Although it has not been implemented immediately, it does not prevent the application of the "procedures of public prosecution cases where the parties are reconciled", that is, Article [-] of the above interpretation can be applied. .

In addition, according to the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud", those who defraud public or private property with a value of 3 yuan to 10 yuan or more shall be deemed "criminal law" Article 260 " The amount is huge."The amount Yuan Wei defrauded was less than 10 yuan.

In the absence of relevant regulations on the amount by the relevant judicial authorities in this province, the amount of fraud in this case should be determined to be relatively large in favor of the appellee Yuan Wei, and he should be sentenced to fixed-term imprisonment of less than three years, criminal detention or public surveillance according to law, and fine or a fine.Therefore, the sentence of one year and six months in the first-instance judgment was appropriate and there was no mistake.

complete. "Fang Yi said.

Although he himself does not approve of the phased performance of the settlement agreement, in reality some courts do recognize this. In line with the principle of maximizing the interests of the parties, Fang Yi also wrote this point of view on it.

"The prosecutor can respond to the defender's defense opinion." The presiding judge said.

"As for the defender's defense, we believe that the Interpretation of the Supreme People's Court on the Application (Criminal Procedure Law of the People's Republic of China) is only an interpretation of the criminal procedure and cannot directly replace the criminal law with the procedural law. Approved by the Supreme People's Court.

In addition, although the province has not made special regulations on defrauding public and private finances, according to the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Fraud Cases", the value of defrauding public and private property can range from 3 yuan to 10 yuan. Adjust between yuan to determine the minimum amount.According to the circumstances of this case, we think it is inappropriate to adjust the minimum amount to 10 yuan.

From the perspective of punishing crimes, the amount defrauded by the above-mentioned person should be considered huge, and should not be considered relatively large.complete. " said the male prosecutor.

"The defender can respond to the prosecutor's opinion." The presiding judge said.

The presiding judge at this time makes people feel a bit like sitting on the mountain and watching the tigers fight. This is actually the case during the debate stage. During the debate between the two sides, the judge will refer to the debates of both sides and analyze and judge the grounds of the appeal based on the whole case.

"In response to the prosecutor's statement, the defender's opinion is as follows:
[-]. The establishment of the criminal reconciliation system in the criminal procedure law is to embed substantive norms in the procedural law. Therefore, although the criminal procedure law is a procedural law, its provisions on the criminal reconciliation system have substantive significance.

Article 270 of the Criminal Procedure Law clearly stipulates that in cases where a settlement agreement has been reached, the people's court may impose a lenient punishment on the defendant in accordance with the law.The meaning of lenient punishment can be embodied as lenient, mitigated, or exempted from punishment.

Article 270 of the Interpretation of the Supreme People's Court on the Application (Criminal Procedure Law of the People's Republic of China) is the specificization of this article. Therefore, for criminal reconciliation cases that meet the provisions of Article [-], the people's court may directly Judgments of reduced punishment or even exemption from punishment do not need to be submitted to the Supreme People's Court for approval in accordance with the sentencing procedures below the statutory punishment.

[-]. The Provincial Higher People's Court and the Provincial People's Procuratorate have not yet formally determined the specific amount standards applicable in this region within the range of sentencing amounts stipulated in the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Fraud Cases".

Based on the principle of benefiting the appellee, referring to the sentencing amount stipulated by other provinces and the experience of previous cases in this province, and taking the upper limit of the sentencing amount determined by the judicial interpretation as the standard, it is determined that more than 10 yuan is a huge amount of fraud crime best starting point.

Therefore, it is more appropriate to regard the fraudulent amount of 7 yuan in this case as "a relatively large amount".Accordingly, the court of first instance found that the appellee Yuan Wei constituted the crime of fraud, and it was appropriate to sentence him to a fixed-term imprisonment of one year and six months. "

"The court debate is over. According to the provisions of Article 160 of the "Criminal Procedure Law of the People's Republic of China", the appellee will now make the final statement." said the presiding judge.

……

When the presiding judge struck the gavel, the trial was finally over, and the judge did not pronounce the sentence in court.Fang Yi breathed a sigh of relief, and began to tidy up the case files on the table.I took out my phone and looked at it, it was already [-]:[-] in the afternoon.

During the court session, he was always in a state of excitement, his attention was highly concentrated, and his brain was running non-stop.As soon as I relaxed at this moment, I suddenly felt weak all over, and my stomach growled non-stop.

Walking out of the court, Yuan Changzheng asked: "Lawyer Fang, what do you think of today's trial? My son's case..."

"The court trial went well. It may not be long before the court will issue a verdict. Please wait for my news." Fang Yi said after taking a sip of mineral water with his shoulders on his back.

"Okay, then I'll wait for your news." After Yuan Changzheng finished speaking, he took his family into a Mercedes-Benz on the side of the road and left.

Fang Yi glanced at Yuan Wei's mother, Yang Jing, who was being helped into the car, and thought to himself: It's the mother's fault if she raises or not.

When Fang Yi was studying for a Ph.D. out of interest, he once counted the causes of crimes. It should be said that the defendant's family environment is the key factor.

Yuan Wei was spoiled by his mother since he was a child, and he developed a character of wanton behavior and unscrupulous means to achieve his goals. In addition, the people he came into contact with as adults were all masters with immoral morals. It can be said that for his imprisonment, his Parents played a major role, and his cronies only played a role in fueling the flames.

(End of this chapter)