Lawyer

Chapter 253 Do you want to consider changing the charges?
"The public prosecutor believes that the defendant Liu Qiaoling knew that the Toyota car involved in the case was seized by the public security organs according to law, and took secret means to drive away the car without going through legal procedures, indicating that she had a subjective purpose of illegal possession. The defendant's behavior is in line with theft. The criminal constitution of the crime should be determined as the crime of theft. It's over." The male prosecutor said.

"The defendant will defend himself," said the male judge.

"I don't think my behavior constituted the crime of theft. The Toyota car belonged to my family. Later, the public security organs also determined that the car belonged to my family's legal property and returned it.

I drove away the impounded Toyota in a moment of confusion because the bank demanded too much debt and wanted to sue me again.I have never committed any crime before, and I have always been a good citizen..." Liu Qiaoling said all the good words she could think of.

"The defender expresses his defense opinion." The male judge said.

"The defender believes that the defendant Liu Qiaoling transferred the impounded vehicle when the public security organ clearly notified that the vehicle was impounded in accordance with the law. Since then, Liu Qiaoling has not claimed the loss of the vehicle from the judiciary, nor has she received any compensation from the judiciary. , it can be seen that subjectively, he has no purpose of illegal possession, and all he wants is to take back the property that he legally owns but has been seized by the judicial authorities according to law, and his behavior does not constitute the crime of theft. End." Fang Yi said.

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

"The public prosecutor believes that no matter where the defendant Liu Qiaoling uses the stolen vehicle and how she uses it, in the final analysis she used illegal means to drive away the vehicle that was impounded by the public security organ for her own self-interest. Purpose.

The defendant's act of stealing his own vehicle impounded by the judiciary committed two crimes at the same time, namely the crime of theft and the crime of illegal disposal of seized property, and should be dealt with from the first level in accordance with the principle of imaginary concurrent crimes, that is, as the crime of theft. " said the male prosecutor.

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

"The defender believes that the vehicle involved in this case was jointly purchased by the defendant Liu Qiaoling and her husband, and the two own the ownership of the vehicle.

According to Article 140 of the "Criminal Procedure Law", if it is found that the seized property is indeed irrelevant to the case, the seizure shall be released and returned. Article 360 of the "Interpretation of the Supreme People's Court on the Application (Criminal Procedure Law of the People's Republic of China)" also stipulates that if the seized property is legally owned by the defendant, it shall be returned to the defendant in a timely manner after compensation for the victim's losses and execution of the property penalty.

It can be seen from the above provisions that the vehicles seized by the judicial organs according to law have not changed their ownership and still belong to the original owners. The public security organs only have legal possession rights in accordance with the law.

The vehicle involved in this case is property jointly owned by the defendant and his wife, but it can become the object of theft during the period of legal possession and control by the judiciary.

Although the vehicle involved in the case could be the target of defendant Liu Qiaoling's theft, it does not mean that the defendant's behavior constituted the crime of theft.

The criminal constitution of the crime of theft requires that the perpetrator must have the purpose of illegal possession subjectively. Therefore, whether it constitutes the crime of theft depends on the subjective purpose of the perpetrator.

In this case, whether Liu Qiaoling used illegal means to retrieve her own vehicle that was seized by the public security organs in accordance with the law constituted the crime of theft should be determined in combination with her subjective purpose, not just on the surface.

First of all, after the public security organs seized the vehicle involved in the case, the bank collected the car loan and prepared to sue the defendant. The defendant Liu Qiaoling came up with the idea of ​​illegally taking back the vehicle after learning about it. Therefore, the direct purpose of the defendant's transfer of the vehicle involved in the case was to repay the bank. loan, not for illegal possession of the vehicle.

Secondly, this case does not belong to the situation where the owner of the sealed up, seized and frozen property secretly stole the sealed up and seized property for the purpose of obtaining compensation afterwards. The defendant Liu Qiaoling had the purpose of illegal possession, and Liu Qiaoling took back the vehicle according to law after the incident.

Therefore, there is no evidence in this case to prove that the defendant Liu Qiaoling had the purpose of illegal possession of the vehicle involved, and the defendant Liu Qiaoling's behavior did not constitute the crime of theft.complete! "Fang Yi said.

Fang Yi deliberately avoided mentioning the crime of illegally disposing of seized property, because Liu Qiaoling had made such a request when they met for the last time before the trial, and she still had a little luck in her heart.It's still the same old saying, if you can't help but be exhausted, it's useless.Since the client made such a request, Fang Yi could only comply, unless he didn't want to earn her legal fees.

"Prosecutor, do you want to consider changing the charges? Judging from the current evidence and trial situation, the evidence for the crime of theft is insufficient." The male judge looked at the case file and thought for a while, then looked at the prosecutor.

"We think the charges charged are appropriate and do not need to be changed," the male prosecutor said confidently.

Seeing that the public prosecutor's opinion is very firm, the judge can't say anything, so he has to continue the trial...

"The case of Liu Qiaoling, the defendant who was prosecuted by the County People's Procuratorate, the 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 opinions of the defender, The court hearing is over. The court is adjourned now. Take the defendant out of the courtroom." After the judge finished speaking, he dropped the gavel and exited the courtroom.

Anyone in the trial court who is not an idiot can see the judge's attitude towards this case, and Liu Qiaoling feels that she is sure of winning.But Fang Yi is not so optimistic. If the judge does not pronounce the sentence in court, it is very likely that Liu Qiaoling will be punished for the crime of illegally disposing of seized property in court.

In the blink of an eye, at the end of August, Cao Xiaohui took Fang Anzhi to the Experimental Middle School to report, and Fang Yi also followed.After completing the admission procedures, Fang Yi treated the two of them to a big meal.

Cao Xiaohui has been working in the city for a month. The company headquarters is on the eighth floor of Mong Kok International. It is said that it occupies half of the floor. Judging by how many times her salary should have been doubled, and the bonus at the end of the year is no longer small, she is a proper elite. person.

For the convenience of Fang Anzhi's going to school, she rented a two-bedroom apartment near the experimental middle school. It is said that the company will provide housing subsidies for executives every month, and Cao Xiaohui basically can't pay much for renting a house.Life is getting more and more petty.

Looking at others, and thinking about myself, although the income has increased a lot, but... the gap is not small, Fang Yi's waist, which had just straightened up, is bent again.

A week later, Fang Yi received a call from the county court saying that Liu Qiaoling’s case had been judged and asked him to go and pick up the verdict. Fang Yi wanted the court to mail the criminal verdict to the clinic, but the other party said that they would not provide this service and had to be there to pick it up. .Fang Yi had no choice but to go to the county court.

(End of this chapter)