Lawyer

Chapter 470
"Oh, I understand." After Tian Xin finished speaking, she looked around and said in a low voice, "Those trainee lawyers who are intern with us help the lawyers deliver materials and couriers all day long, and some of them don't even have case files. We have seen it, we are lucky. But you are still the most discerning, and you can learn a lot after following Lawyer Fang for a year."

"It's not easy to find a good teacher who is in charge these days. You have to study hard. Attorney Huang is pretty good. You are allowed to speak in court, and you are asked to write the complaint and defense. I dare not even speak in court. , you are much better than me." Zhou Ying smiled.

"Forget it, trainee lawyers don't have the right to speak in criminal cases. If it's a civil case, I guess Attorney Fang has given up and left it to you." Tian Xin laughed.

What Tian Xin said is true, after passing the exam, you need to apply for an internship certificate. The purpose of the internship is to let the old lawyers teach the new lawyers to handle cases and increase their experience in judicial practice, just like the masters and apprentices in the past.But now this system has become a decoration. The apprentices may not want to learn, and the master may not really want to teach. Most of them are nominal, and they all want to get a certificate to make a lot of money, but how can there be so much money to make? The number of lawyers is increasing year by year. Over the past few years, hundreds of thousands of lawyers have concentrated in first- and second-tier economically developed cities, so the involution began.

The next afternoon, in Fang Yi's office, Zhou Ying analyzed Luo Daying's case with a pen and notebook.

"... Judging from the whole incident, Luo Daying robbed, not robbed. He robbed the lockbox while the depositors were not paying attention, and was arrested during his escape. The situation of property. This is of the same nature as fleeing after snatching a gold necklace on the road. The defense plan I envision is to defend against the crime of snatching.

Article 260 of the "Criminal Law" stipulates that whoever robs public or private property, and the amount is particularly huge, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or confiscated property.

Luo Daying robbed 50 in cash. If he can be found guilty of robbery and the result of an attempted crime, the court may sentence him to more than ten years in prison.So I think the prosecution is wrong to accuse Luo Daying of robbery. "Zhou Ying said confidently.

"First of all, your work is worthy of recognition. At least you have studied the case and read the law. But there are a few points you need to explain. If you can explain clearly, then you can defend according to your defense plan." Fang Yi smiled.

"Say it!" Zhou Ying eagerly said.

"The first point, the second paragraph of Article 260 of the "Criminal Law" stipulates that those who carry a murder weapon for robbery shall be convicted and punished according to the provisions of Article 260 of this law, that is, convicted and punished as the crime of robbery. How do you explain this?" Fang Yi asked.

"Well, I really checked the judicial interpretation on the point you mentioned.

According to the provisions of Article 260 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases, the term "robbing with a murder weapon" stipulated in the second paragraph of Article [-] of the Criminal Law refers to the perpetrator carrying guns and explosives with him. The state prohibits individuals from snatching equipment such as knives and knives, or carrying other equipment for the purpose of committing crimes.

As I understand it, 'carrying a murder weapon' can include two situations:
1. If the perpetrator carries guns, explosives, controlled knives and other devices prohibited by the state to rob, he shall be convicted and punished as the crime of robbery.

2. If the perpetrator carries "other equipment" other than the "equipment" prohibited by individuals in the above-mentioned countries to rob, he shall also be convicted as the crime of robbery.

During the incident, although Luo Daying carried an ax, he never took it out and used it from the beginning to the end.And axes are not classified as controlled knives.Therefore, Luo Daying's behavior should not be convicted of robbery.Answer finished. "Zhou Ying smiled confidently.

"Well, the ax is indeed not among the equipment prohibited by the state, and it is true that the defendant Luo Daying never used an ax in the process of snatching the lockbox.

But Luo Daying went to the bank, why did he bring an ax?He is not doing carpentry work, how to explain its rationality? "Fang Yi smiled and looked at Zhou Ying.

Zhou Ying was taken aback, her attention was all on the law, and she didn't consider the rationality of carrying an ax to the bank at all, explaining it as self-defense, afraid of being robbed by others?He went to the bank just to get money, which obviously didn't make sense.Judges are no fools.

Her brain was a little bit overwhelmed: "This..."

"The ax is not a carry-on item, right? There are people with keys and mobile phones, but I haven't seen anyone who goes out with an axe, right! I'm afraid the only ones who have this hobby are the ax gang in the movie "Kung Fu".

It is unreasonable for an adult to carry an ax on his body for no reason!If you can give me a reasonable explanation, we can defend like this. "Fang Yi said with a smile.

"Then...Luo Daying didn't use it, and he couldn't show it if he carried an ax, so he could be classified as a crime of robbery? He never took out an ax from the beginning to the end!" Zhou Ying frowned.

"Your idea is obviously inconsistent with the original intention of the legislation.

Because it is a typical crime of robbery to intentionally display the murder weapon that is carried.Returning to this case, if Luo Daying directly took out the ax and came to the victim and shouted 'robbery', Luo Daying's behavior should directly apply Article 260 (robbery) of the "Criminal Law" for conviction and sentencing.

The second paragraph of Article 260 of the "Criminal Law" stipulates that anyone who carries a murder weapon for robbery shall be convicted and punished in accordance with the provisions of Article 260 of this law.This article was set up for the situation in the Luo Daying case.Otherwise, this provision is meaningless.Unless..." Fang Yi stopped in the middle of his speech.

"Unless what?" Zhou Ying asked.

"Unless you can prove that the ax carried by Luo Daying was not prepared for committing a crime." Fang Yi rubbed his chin.

"I can't prove it." Zhou Ying shook her head.She was feeling down.

"Don't be discouraged. It's good enough to be able to do this for the first time you analyze a case. Remember to analyze the case in the future, not only to consider legal issues, but also to consider rationality and daily habits. Don't be too dogmatic.

However, I agree with you on one point, this case may constitute an attempt, not a consummation. "Fang Yi smiled.

"Lawyer Fang, why does 'possible' constitute attempted attempt?" Zhou Ying asked.

"Because the defendant was caught on the spot carrying the murder weapon to rob, whether it constitutes an accomplished or attempted offense has always been a relatively controversial issue in the criminal law circle.

In Luo Daying's case, my personal opinion is that it was attempted. Judging from the case files, the procuratorate determined that it was accomplished, but it is hard to say whether the court will treat it as accomplished.From the perspective of uniform law enforcement caliber, it is possible that the court will also determine that it has been accomplished. "Fang Yi explained.

"I really didn't expect such a simple case to involve so many problems." Zhou Ying nodded her head.

(End of this chapter)