Lawyer

Chapter 383 Why is Stealing a Battery a Crime of Robbery?

After returning to the hotel at night, Ma Yi dragged Lao Huang into Fang Yi's room and began to "torture him".

"Old Huang, tell me the truth, did you arrange that singing and crying?" Ma Yi stared at Huang Yuanchao and asked.

"Of course, that's my wife's cousin..." Huang Yuanchao spoke forcefully, but a cunning flashed in his eyes.

"Don't talk about that useless cousin. I don't know if people believe it or not. Anyway, I don't believe it. To tell the truth." Ma Yi refused to listen to him and continued to ask.

"Okay! I admit, I arranged the people." Huang Yuanchao said with a smile: "Other law firms have people and efforts. We came late and didn't have an advantage, so I came up with this idea. This If you want to make money at the beginning of the year, you can do it without some tricks!"

"Well, what Lao Huang said is true. Honest people can't make money these days. Lao Huang, did you spend a lot of money to hire this crying man?" Fang Yi said.

"That's for sure!" Huang Yuanchao said.

"Don't gnaw on your butt, how dirty your butt is! If you gnaw, you won't be afraid to gnaw a mouthful of shit, count!" Ma Yi joked.

"I didn't let the one who was hired by the Han family to do the crying work before. I gave her a double share of the money. Later, I hired this person who is well-known in the local area. After working for more than ten years, I paid more than 5000 yuan before I hired him. Plus the money for eating, drinking and staying in a hotel. The two weepers, plus all of them, cost a total of more than 1 yuan." Huang Yuanchao said distressedly.

"How's the effect? ​​Did Mr. Han spit it out?" Fang Yi asked.

"After we finished eating, Mr. Han stopped me, what did he tell me?" Huang Yuanchao asked mysteriously.

"What did you say? Didn't you ask you to print the contract, sign and seal it now?" Ma Yi said with wide-eyed eyes.

"Cut! He gave me the money to hire someone, but I didn't take it. Then he asked me to wait for his call." Huang Yuanchao said proudly.

"It doesn't sound like a big problem! We've done everything we need to do, and we can go back steadily." Fang Yi let out a sigh of relief after hearing this.Finally, this trip was not in vain.

Early the next morning, the three of them took a taxi to the train station, and boarded the train back with ease.

Seeing that it was almost September, and the school was about to start, Fang Anzhi had spent the summer, so it was time to calm down. Fang Yi drove back to his hometown to bring his son Fang Anzhi back to the city.

Recently, the company has been tearing down the east wall to make up for the west wall. Cao Xiaohui is worried all day long. She can't eat well and sleep well, and she has lost a lot of weight.In the company, she still has to hold on and force a smile. When asked by old clients or colleagues, she can only say that she has lost weight recently.When asked about the secret recipe for weight loss, she could only smile: Keep it secret!
In fact, she doesn't have any secret recipe for losing weight, it's just that she has no appetite and can't eat!

Seeing that she was thin and not in good spirits, Fang Yi wanted to ask her how she was doing, but seeing the cold and arrogant look on her face, he still didn't ask.Now that we have embarked on two different paths, why bother each other!

On this day, Fang Yi stared at the business group, and finally received a second-instance criminal case on the penultimate day at the end of the month. It was a robbery case, and the lawyer's fee was [-] yuan.

The next morning, at 09:30, the father of the robbery defendant Shen Hu came to Wanhua United Law Firm.

When Fang Yi walked into the conference room, a man with a short stature and a round face in his 40s was sitting there, with his hands crossed on the table, his eyes were a little dazed, and he didn't know what he was thinking.

"Hi, I'm lawyer Fang Yi, and I'll handle your son's case." Fang Yi walked into the conference room and said after sitting down.

"Hello, Lawyer Fang. My name is Shen Guilin, and I am Shen Hu's father." Shen Guilin stood up and shook hands with Fang Yi.

"Mr. Shen, I have read the previous record of the case, and the recorded case is not very clear. Do you know the details of the case?" Fang Yi asked.

"I really don't know the details. I was at work at the time, but the public security department called me and said that my son had been arrested for robbery.

Later, I asked a lawyer to meet with him, and the lawyer told me that my son was caught stealing electric car batteries in the parking lot next to the train station.

Later, the court convicted my son of robbery, sentenced him to three years in prison, and fined him 3000 yuan.I think the punishment is too heavy.

An electric bicycle battery is only more than 100 yuan, and I have already compensated the victim!Why is the sentence so severe! "Shen Guilin said with a helpless face.

"How do you know that the electric bicycle battery is worth more than 100 yuan?" Fang Yi asked.

"I heard from the lawyer that the price was confirmed by the public security department." Shen Guilin said.

"Your son went to steal the battery of the electric bicycle, why is it a crime of robbery again?" Fang Yi asked.

"According to the lawyer, my son was discovered by the security guard while stealing the battery, and then my son beat the security guard, and was caught by the patrolling police during his escape," Shen Guilin explained.

"Well, I understand. Your son belongs to the crime of transforming from theft to robbery. According to what you just said, an electric bicycle battery costs more than 100 yuan. If there is no incident of guarding the security later, I am afraid that he will be detained for a few days before he comes out. It probably won't constitute a crime." Fang Yi said.

"Transforming the crime of robbery? What do you mean? Just because you beat up a security guard constitutes a crime of robbery?" Shen Guilin asked suspiciously.

"Let me explain to you, according to the provisions of Article 260 of the "Criminal Law", the general theft of public and private property, only if the amount is relatively large, constitutes the crime of theft.

However, according to Article 1000 of the Interpretations 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 from April 3000, [-]), the starting point for a theft of a "large amount" is It is [-] yuan to [-] yuan.

That is to say, only when the amount of theft or the value of the property reaches more than 1000 yuan, it constitutes the crime of theft.If your son did not injure the security guard, it would not constitute the crime of theft at all, because the value of the stolen electric vehicle battery is relatively low, which is not enough to file a case. "Fang Yi explained.

"Then... my son didn't beat the security guards, it's said that he was only slightly injured. How did it turn into a robbery?" Shen Guilin asked.

"According to the provisions of Article 2005 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Snatching" (Fa Fa [8] No. Acts that do not reach a "large amount" and use violence on the spot to conceal stolen goods, resist arrest, or destroy criminal evidence, causing minor injuries or more consequences, may be convicted and punished as the crime of robbery in accordance with the provisions of Article 260 of the Criminal Law.

You also said just now that the security guard beaten by your son was slightly injured, so Chen Hu changed the crime from theft to robbery. "Fang Yi explained.

"If according to your statement, my son Shen Hu must have committed the crime of robbery, then is there any hope for this case?" Shen Guilin asked nervously.

(End of this chapter)