Lawyer

Chapter 243 He admits it!
Seeing that Li Jicai's case was about to go to trial, Fang Yi and Xie Youhe went to the county procuratorate to discuss the case with the prosecutor and try to persuade the prosecutor to withdraw the case.But Fang Yi talked nonsense for more than half an hour, and the other party was like a stone, completely indifferent, there was no way, the two left happily and returned disappointed.

Li Jicai's case finally came to court.At 03:30 in the afternoon, in the third trial court of the county court, Fang Yi sat at the head of the defense bench, preparing case materials and defense opinions. Xie Youhe next to him looked relaxed. Responsible for the verification process.

On the opposite public prosecutor's bench sat a male prosecutor and a young female prosecutor whom I had seen before. They both looked relaxed, as if they were doing routine work.

The presiding judge in this case is a curly-haired female judge in her 40s, and beside her sits a young male judge on the left and right.

Fang Yi didn't understand why a simple case had to be heard by a collegial panel. Could it be that the judges were busy?

……

"The court investigation is now underway, and the public prosecutor is asked to read the indictment." The presiding judge said.

"...Defendant Li Jicai, male... was criminally detained by the County Public Security Bureau on suspicion of theft; with the approval of this court, he was arrested by the County Public Security Bureau on April [-], [-].

The investigation of this case was concluded by the County Public Security Bureau, and the defendant, Li Jicai, was charged with theft and was transferred to this court for prosecution on May [-], [-].After the court accepted the case, it informed the defendant on June [-] of the same year that he had the right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment. He interrogated the defendant in accordance with the law and reviewed all the case materials.

The legal investigation revealed that:
... Without Li Gui's consent, the defendant, Li Jicai, took away the yellow cattle that Li Gui raised by the roadside of the village by stealing without Li Gui's consent, hid them at home, and used them to cultivate the fields for his own family. theft.The defendant Li Jicai was arrested by the police on May [-], [-], and truthfully confessed the facts of the crime after arriving at the case.

The evidence for the above facts is as follows:
[-]. Photos of the stolen cattle;

[-]. The testimony of Li Qi and Li Feng;

[-]. The confession and defense of the defendant Li Jicai;
[-]. The value assessment report of the stolen cattle.

The above-mentioned evidence collection procedures are legal, and the content is objective and true, which is sufficient to determine the facts of the allegations.Defendant Li Jicai had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court holds that the defendant Li Jicai took away the yellow cattle raised by Li Gui without the consent of the victim Li Gui, which constituted the crime of theft.

According to Article 260 of the "Criminal Law of the People's Republic of China", if the facts of the crime are clear and the evidence is reliable and sufficient, he should be investigated for criminal responsibility for the crime of theft.Defendant Li Jicai pleaded guilty and accepted punishment. According to the provisions of Article No. 15 of the "Criminal Procedure Law of the People's Republic of China", he can be dealt with leniently.According to Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence...

Presiding judge, the indictment has been read out. " said the inspector.

"Defendant, did you hear clearly the indictment read out by the public prosecutor just now? What crimes are you charged with? Do you have any objections to the criminal facts charged in the indictment? Do you have any objections?" said the presiding judge.

Li Jicai on the dock, a bit hunchbacked, looks older than his actual age, his skin is black and rosy, the skin on his face and hands is like tree bark, and he can tell that he is facing the loess with his back Villagers in the sky.

Maybe it was the first time he went to court, or maybe he was nervous when he heard that he was going to be sentenced. Li Jicai shook his body slightly from time to time, kept swallowing, but kept silent.

The presiding judge repeated the interrogation just now.

"Listen...you hear me clearly. I...don't want to steal cattle, just want to...plow the land, my family still has a lot of land to plow...to plow..." Li Jicai looked up at the judge, with a simple and pleading look in his eyes.

"Defendant Li Jicai, do you agree or not to the prosecutor's accusation of theft?" the presiding judge asked patiently.

"Agreed,... I stole the cow." Li Jicai hesitated, then lowered his head.

Although Xie Youhe analyzed the crime for him when he met him in the detention center, and thought that it was not enough for theft, and prepared to plead his innocence, but both the police and prosecutors said that his behavior constituted the crime of theft, and he confessed truthfully and had a good attitude. Consider mitigating the sentence.

He is just an honest farmer. He stole other people's cattle in fear of delaying the farming season and took them home to cultivate the land. In his simple thinking, this is "stealing".So he admitted it!

"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.

"Okay, presiding judge." The prosecutor looked at Li Jicai: "Defendant Li Jicai, when you are leading the cows, is there anyone around?"

"No." Li Jicai said.

"Do you know whose cow it is?" asked the inspector.

"I don't know." Li Jicai said.

"Why didn't you go to the village and ask who owned the cow, and then borrow the cow from the owner to go back to cultivate the land?" the inspector then asked.

"Everyone was farming at that time. If I asked, they would definitely not lend me cattle." Li Jicai said after a moment of silence.

"Where did you lead the cattle?" the inspector continued.

"Take it home, and then take the farm tools to plow the land." Li Jicai promised.

"Presiding judge, the public prosecutor has finished questioning." The prosecutor said.

"Does the defendant's defender need to ask the defendant questions?" The presiding judge looked at the defense seat.

"Need to ask a question." Fang Yi said: "Li Jicai, what did you think when you took away the scalper?"

"I wanted to take the cattle home to plow the land." Li Jicai said.

"Then, what to do with the cattle after plowing the land?" Fang Yi asked.

"Send the scalper back secretly." Li Jicai said.

"Why send it back?" Fang Yi asked.

"Because the cow belongs to someone else, not mine." Li Jicai replied honestly.

"When you led the ox back, did you take the small road or the big road?" Fang Yi asked.

"The main road is the cement road in the village." Li Jicai said.

"Aren't you afraid of being seen?" Fang Yi said.

"I haven't thought about it, I just want to go back to cultivate the land soon." Li Jicai hesitated and said.

"Presiding judge, the defender's questioning is over," Fang Yi said.

"Now to present evidence and cross-examination, the public prosecutor will present evidence first..." said the presiding judge.

……

According to the division of labor before the trial, Xie Youhe is responsible for presenting evidence and cross-examination. This is also to deal with the parties concerned. If Xie Youhe does not say a word in court, the family members of the parties and the villagers in the same village who are sitting in the audience will definitely have opinions. If the defendant is really found guilty , Maybe he will vent his anger on Lawyer Xie.

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts. The public prosecutor will speak first." The presiding judge said.

(End of this chapter)