Lawyer

Chapter 240

In the remote mountainous area of ​​the county below, there is a village called Sankeshu. This village is a natural village under the state-level poverty-stricken county. The village has a small population and mostly mountainous areas.

During spring plowing, villager Li Jicai couldn't find land for large animals, so he had to rely on manpower to plow the land one by one, and he ran around in a hurry.

One day he went to the county to do business, and when he came back, he passed by the next village and found a strong yellow cow drinking water and grazing in the cowshed. Got the scalper's idea.He planned to take the ox back to cultivate land for his family, and send it back after the land was plowed.

It was noon at this time, and there was no one on the road. Everyone in the village was eating and taking a nap at home.Li Jicai has a simple personality and has never done anything sneaky. After a fierce ideological struggle, in order not to miss the farming season, he finally led the cattle out of the stable and brought them home along the road.

After returning home, he immediately drove the cattle to plow the land.The next day, till about [-]:[-] p.m., the owner of the cattle, Song, led someone to find him, and immediately turned Li Jicai to the public security organ.The public security organ detained him for theft, and then the procuratorate approved his arrest, and the case file was transferred to the court.

Xie Youhe had already gone to the detention center to meet with Li Jicai before, and what Fang Yi saw was the case records made by lawyer Xie and the case files retrieved by the court.

"Well, what do you think of this case?" After sitting down, Xie Youhe said in a low voice: "After lunch later, let's touch this case. It just so happens that Xiaomei and Xiao Zhou also want to get in touch with the litigation business, so we can let them have nothing at noon Listen too."

"Okay." Fang Yi nodded.

The noon sun poured down through the glass windows, filling the small conference room. Xie Youhe was still holding a big teacup, drinking tea unhurriedly.Mei Xiaoting was sitting at the conference table, skillfully turning a pencil with five fingers on her right hand, and on the table in front of her was a notebook issued by the team.

It may be that Boss Gu is in a hurry to ask for documents recently and works a lot of overtime. After lunch, Zhou Yunyuan is a little lazy and keeps yawning, with tears in his eyes. He sits on the chair and glances at the big screen in front of him from time to time.

After adjusting the projector, Fang Yi cleared his throat: "The case I am sharing with you today is a criminal case signed by lawyer Xie some time ago.

The cause of the incident was that a villager named Li Jicai secretly took home the yellow cattle raised on the side of the road in a neighboring village..." After Fang Yi finished introducing the case, he looked at Lawyer Xie.

"This case is relatively simple. I was the one who discussed it. Li Jicai's daughter-in-law came to sign the entrustment procedures and charged 1 yuan in legal fees.

Lawyer Fang, please talk about your thoughts first, and then we will discuss. "Xie Youhe said as he put down his big teacup.

"Okay. I personally think that Li Jicai's behavior does not constitute the crime of theft.

According to the provisions of Article 1998 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Stealing Cases (Fa Shi [4] No. 260), according to the provisions of Article [-] of the Criminal Law, secretly stealing the amount of public and private property for the purpose of illegal possession Greater or repeated theft of public and private property constitutes the crime of theft.

Although the above-mentioned judicial interpretation was abolished with the implementation of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft" (implemented on April [-], [-]), the interpretation's description of the crime of theft It is worth learning from.

It can be seen from this that the so-called crime of theft is subjectively aimed at illegal possession; objectively, it is the act of secretly stealing a relatively large amount of public and private property.If the above requirements are met, it constitutes the crime of theft.

According to the retrieved case files and lawyer Xie’s interview records, Li Jicai’s purpose of secretly taking away the scalpers was to cultivate his own land, and then secretly returned the scalpers after the land was plowed, not for illegal possession.

From the behavior point of view, although Li Jicai led the cattle away behind the back of the cattle owner, he took the cattle on the main road. Many people saw him along the way and did not cover his whereabouts. Otherwise, the cattle owner would not be so easy to find the cattle. turn up.So I don't think it should constitute the crime of theft. "Fang Yi said.

"Lawyer Fang, how do you explain this "secret theft"?" Zhou Yunyuan scratched his head and asked.

He has done some lawsuits before, but they are all civil lawsuits, and the number is not many, and the risk of criminal cases is high. He has never done it. After joining the Gu Datong team, he has been doing non-litigation business and rarely does litigation. .

He participated in the discussion of criminal cases more to join in the fun, listen to stories, and seek novelty. He never thought about doing criminal business at all.

After hearing what he said, Mei Xiaoting blinked her big eyes and looked at Fang Yi with her cheeks on her hands, waiting for the next sentence.Xie Youhe continued to drink tea, leisurely and leisurely.

"The so-called 'secret theft', I think, can be divided into two situations:
[-]. It was not discovered by anyone in the process of obtaining other people's property, and it was carried out secretly.That is to say, the suspect subjectively thinks that he has not been found, and objectively, he has indeed not been found.For example, the wallet was stolen when the car was squeezed, and the criminal suspect, the surrounding people and the victim did not know that the theft had taken place.

[-]. The suspect thinks that the victim has not discovered (actually has been discovered) and obtained other people's property.In other words, the suspect 'thought he hadn't been discovered', but he had actually been discovered, which can be understood as 'deception'.There are also many such situations, such as the situation where the victim did not alert the thief and called the police after the burglary was discovered.

If in the process of stealing, it is discovered and stopped by others, but still forcibly taken away, it is not secret stealing, and it constitutes a crime of snatching or other crimes.

In addition, there is another situation, which is also very common in reality. When a criminal suspect steals property, the people around him clearly see it, but because of fear or numbness (sometimes, the victim himself is the same), he pretends to turn a blind eye, causing the victim's property to be stolen. Losses, incidents of such 'blatant' theft are also numerous.Is it a crime of theft?This depends on the situation, and it is not easy to generalize. "Fang Yi explained.

"Oh, I see." Zhou Yunyuan nodded.

"Lawyer Mei, do you have anything to say?" Xie Youhe looked at Mei Xiaoting with a smile.

"No." Mei Xiaoting shook her head.

She understood what Fang Yi said, but asked her to ask questions... She really couldn't think of what to ask, because she had never done litigation before, and she had been doing non-litigation business since she was a trainee lawyer.

"I agree with Attorney Fang's opinion, but in reality, many situations are beyond our control, especially what the judge thinks. Therefore, lawyers are needed to guide the judge's thinking during the trial. If it can be successful, then the case is basically not a big problem. up.

This case will be in court next Wednesday, and lawyer Fang will leave it to you. "Xie Youhe said.

　Happy New Year, book friends!Whether you have money or not, you have to celebrate the New Year!Add more tomorrow!
　　
　
(End of this chapter)