Lawyer

Chapter 244

"...Li Jicai took away Li Gui's cattle and used them for his own farming without the consent of the victim, Li Gui. It can be dealt with lightly according to the circumstances. It is recommended that the defendant be sentenced to three months of criminal detention and five months of probation. Finished." The prosecutor said.

"The defendant defends himself." The presiding judge said.

"I plead guilty..."

Li Jicai didn't know what probation was. He only knew that he would not have to go to jail and could go home and continue farming.As for whether it will leave a stain on his resume, he doesn't care, because it is the same to him.His whole life was sowing, reaping, sowing, and reaping.The only thing he is afraid of is the gossip of the villagers.

"Next, the defender will express his defense opinion." The presiding judge said.

"Dear presiding judge and judge: The defense opinion of the defender is as follows:
The defender believes that the defendant Li Jicai did not intend to illegally occupy other people's property, which does not constitute the crime of theft.The reasons are as follows:
[-]. The defendant, Li Jicai, was eager to use the cattle because he was eager to cultivate the land, but he did not have any cattle at home. Under such circumstances, he accidentally found a cattle raised by others on the side of the road in a neighboring village, so he brought them back to his home for cultivation.

From this point of view, the defendant's purpose of raising the cattle was to plow the fields from beginning to end, not to take other people's cattle as his own.

[-]. Judging from the means implemented by the defendant Li Jicai, although the defendant Niu Niu did not greet the owner of the cattle, he did not dodge when leading the Niu home, but led the Niu home along the main road.

Obviously, the defendant did not use covert means when leading the cow, nor did he have the idea of ​​not wanting the owner to find out.Moreover, what the defendant always wanted was to return the cattle to the original place after plowing the field, which also shows that it does not meet the objective requirements for the crime of theft.

The defendant's behavior can only be said to be the unauthorized use of other people's private property for his own use, without the purpose of possessing other people's property.

To sum up, regarding this case, the defender believes that the actions of the defendant Li Jicai did not constitute the crime of theft.complete. "Fang Yi said.

"The public prosecutor can speak on the defender's defense opinion." said the presiding judge.

"As to whether the defendant Li Jicai had the purpose of illegal possession, the public prosecutor believes that the defendant stole the cattle without the consent of the cattle owner, and put the cattle under his actual control, which already has the purpose of illegal possession, which constitutes the crime of theft.

Even if the scalper is returned to the owner in the future, the theft has been completed, and the return of the scalper can only be used as a reference for sentencing, not as a criterion for judging whether it has the purpose of illegal possession.complete. " said the inspector.

"The defender can speak against the public prosecutor's opinion." said the presiding judge.

"The defender believes that the situation in this case is different from the general situation of returning property after theft.

In this case, when the defendant Li Jicai carried out the cow-raising behavior, he had no intention of taking it for himself from the beginning to the end, but just wanted to borrow it.Fearing that the owner of the ox would not agree, he took the ox privately and used it for farming, and returned it immediately after use.

Judging from the past experience of the defendant, the defendant is just a simple farmer with no criminal record. He has always been concerned about whether his land can be cultivated smoothly, and he does not care whether the cattle will be discovered by the cattle owner, and he has never thought of hiding The whereabouts of the cattle.

In general theft cases, the defendant secretly steals public and private property in order to avoid the victim's investigation and take the stolen property as his own.In this case, the crime of theft has been accomplished, and even if the property is returned in the future, it can only be used as a reference for sentencing.

Therefore, the defender believes that the defendant in this case does not constitute the crime of theft.complete. "Fang Yi said.

……

"The case of the theft of the defendant Li Jicai who was prosecuted by the County People's Procuratorate, this collegial panel has opened a trial, conducted court investigations and court debates, heard the allegations of the public prosecutor, the opinions of the defendant, the defense and statement of the defendant, and the defense of the defender Opinion, the court hearing is over.

Now the court is adjourned for 10 minutes, the collegiate panel will conduct deliberations, and the verdict will be pronounced in court later.Take the accused out of court. " said the presiding judge.

Judging from the trial situation, the judge's attitude is not clear. The procuratorate firmly insisted that the theft constituted completed, and only agreed to a lighter punishment in sentencing.The defendant was not very cooperative with the defender, and he accepted all the facts of the crime and the charges against him. Fang Yi was a little uncertain about how the three judges of the collegial panel would judge.

After 10 minutes, everyone stood up, and the three judges of the collegial panel walked into the court and took their seats one by one.

The presiding judge cleared his throat: "... This court believes that the behavior of the defendant Li Jicai is not enough to constitute the crime of theft, and the verdict is as follows: The defendant Li Jicai is not guilty."

Fang Yi's hanging heart finally let go, showing a triumphant smile.Xie Youhe, who was beside him, patted him on the shoulder with a smile, but said nothing, his eyes full of excitement of victory.

After accepting the family members' thanks, Fang Yi and Xie Youhe left the court.It was still dark, and the tired sun seemed to be afraid of being seen. He was secretly hiding behind the mountain in the west, preparing to take a lazy sleep.

Fang Yi felt very tired. Looking at the time, he didn't have to go back to the law firm. He turned to look at Xie Youhe: "Lawyer Xie, what are your plans for tonight?"

He felt that Xie You and this person were good except for a little buckle, a little more rotation in their brains, and a little old fritters. Xie Youhe went to Brilliant to take a bubble bath and eat a buffet.

Xie Youhe smiled: "Let's go home for dinner, what other arrangements can we make?"

"Brilliant, I invite you, I've been very tired every day, just relax." Fang Yi said with a smile.

"Really? I've been to the brilliant place a few times, and it's really good, with food, laundry, accommodation, and entertainment all in one." Xie Youhe said with bright eyes.

"Of course it's true. Let's go. I'll take a taxi." Fang Yi said as he came to the side of the road and reached out to stop the car.

In the brilliant VIP bathing pool, Fang Yi and Xie Youhe sat in the pool water, with their heads exposed and eyes closed. The Chinese medicine water in the pool moisturised every inch of their skin and took away their fatigue. The mist rising from the surface of the pool water, After a while they become sweaty.

Fang Yi felt extremely refreshed all over his body, and kept twisting his body in the pool slightly.He opened his eyes slightly, and looked at Xie Youhe who was opposite. The latter had a look of enjoyment, closed his eyes slightly, leaned against the wall of the pool, and was humming a ditty.

"Lawyer Xie, you are an interesting person. You are cheerful every day, as if you have never had anything to worry about." Fang Yi said with a smile.

"One day of sorrow, one day of laughter, people want to open up, what's the point of living so tiring? I'm just waiting for death in the way I like." Xie Youhe closed his eyes.

(End of this chapter)