Lawyer

"...Lawyer Fang, let me tell you the truth. Because of this matter, we have not spoken much for a week. My husband was injured, and my heart aches.

Although my son Tang Renguo is not my own, I have raised him since he was more than a month old.Even though I'm not my own flesh and blood, I feel sorry for you too!
Although this child is not very good to his father, he is still very good to me.

In fact, our husband and wife are also responsible. Since we had his younger brother, we have neglected to care about him.Especially his father, he doesn't want to hug him when he has a relative. He usually talks and does things in favor of the second child. It's normal for him to feel unbalanced.

I feel ashamed of him in my heart, so I want to hire the best local lawyer to defend him, so as not to poke the back of the village people, I can't bear this conscience! " Jia Zongxia's expression was a little dull, and there was sadness in her eyes.

"Well, I understand. Can your husband give him a letter of understanding?" Fang Yi continued to ask.

"This...I'm afraid I can't get out. My husband can't wait for the court to shoot him immediately." Jia Zongxia shook her head and said.

"Well, the case of your son Tang Renguo, I don't think it constitutes a crime of homicide, but a crime of robbery." Fang Yi said.

"Ah! If you want to talk about homicide, I can understand. After all, he beat his father seriously, but the crime of robbery... It is true that he took money from the small supermarket at home, but it is all his own money, which is considered robbery." ?" Jia Zongxia looked at Fang Yi very puzzled, waiting for a reasonable explanation from the other party.

"Snatching money from one's own family generally does not constitute robbery.

According to 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. [-]), for personal use, obtain family members or close relatives by means of violence, coercion, etc. property, generally not convicted and punished as the crime of robbery, constituting other crimes, in accordance with the relevant provisions of the criminal law.

However, those who instigate or cooperate with others to rob family members or close relatives by means of violence or coercion can be convicted and punished for the crime of robbery.

When I went to meet with you, your son told me that he went to a small supermarket with a friend nicknamed Huang Mao and carried out the act of stealing money. Therefore, he met the regulations of collaborating with others to rob family members’ property by violent means. Punishment for robbery. "Fang Yi explained.

"Ah, emotionally robbing one's own money is also a crime!" Jia Zongxia's eyes were erratic, and she suddenly asked: "Then... the crime of robbery or the crime of intentional homicide, which one will be punished more severely?"

"The crime of intentional homicide is a felony. From the sentencing of Article 230 and II of the Criminal Law, we can see that the order of sentencing for intentional homicide is from heavy to light. First consider the death penalty, then life imprisonment, and then more than ten years, and more than three years. This is how ordinary judges judge cases and sentencing.

As for the crime of robbery stipulated in Article 260 of the "Criminal Law", its sentencing order is from low to high (the general crimes are arranged in this way). Fixed-term imprisonment of more than ten years, life imprisonment or death penalty.

Intentional homicide is definitely a felony among felonies. In the same case, the charges are different, and the sentencing may be much different.Do you understand what I mean? "Fang Yi explained.

"Well, I probably understand. In other words, if my son is charged with intentional homicide, the sentence will definitely be much heavier than the crime of robbery. Is that what you mean?" After thinking about it, Jia Zongxia's eyes were fixed. Look at Fang Yi.

"Yes, that's what I meant, and that's why the lawyer told you that the death sentence might be suspended. Although your son is an attempted murder, the attempted murder can be punished lesser than the completed crime, but your husband is seriously injured now. I am afraid that the lighter punishment is just that the death penalty is not executed immediately, so the possibility of death with a reprieve is the greatest.

Now your son's case is not a matter of which is more serious and which is lesser.It is a qualitative question based on the facts of the case.I think your son's case constitutes robbery, not intentional homicide. "Fang Yi explained.

"Lawyer Fang, I don't understand the law. You are a barrister. I will follow your advice." After listening to Fang Yi's explanation, Jia Zongxia thought for a while and said.

She understands that in this situation, it seems impossible not to be sentenced, so she can only settle for the next best thing. In the case of saving her life, a few years less sentence is a few years.

"Okay, I'll go to the detention center to see your son again in a few days to discuss the defense plan. Yesterday the court notified the hearing time, and it will be next Thursday. Will you attend the hearing?" Fang Yi asked for his opinion.

"Well, I'll go over and listen, please remind me when the time comes." Jia Zongxia nodded.

The court conditions of the intermediate court are much better than those of the basic courts. The space is large, and there are many seats in the auditorium. Once you walk in, you will feel solemn and solemn.

But today's auditorium seemed a bit deserted, with only two people sitting, one was Jia Zongxia with a sad face, and the other was Tang Ming, whose head was wrapped in gauze, with a resentful face and sharp eyes.

From the expression of the victim Tang Ming, Fang Yi could tell that the victim and the defendant had a deep grievance, which may have gone deep into the bone marrow...

Among the three male judges sitting above, two Fang Yi had met in other cases, and the remaining young judge might be a newcomer, seeing him for the first time.

……

"The court investigation is now underway, and the public prosecutor is asked to read the indictment." After the previous procedures were completed, the presiding judge said confidently.

"...The defendant Tang Renguo and the victim Tang Ming are father and son, and they are family members who live together. The defendant broke into the small supermarket run by his family. During the process of extorting money from the victim, he became angry from being rejected and used violence. The victim was severely injured, and later the defendant thought the victim was dead, and fled after robbing [-] yuan in cash for purchasing goods in the small supermarket.

Although the victim and the defendant have a father-son relationship, the personal rights of the victim cannot be violated by anyone.The defendant killed with a weapon, but failed due to reasons other than his will.

This court believes that the defendant's behavior has violated Article 230 of the "Criminal Law of the People's Republic of China". 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 intentional homicide.

In view of the fact that the defendant Tang Renguo pleaded guilty and accepted punishment, and his behavior was an attempted crime, according to the provisions of No. 15 of the "Criminal Procedure Law" and No. 20 of the "Criminal Law", he can be dealt with leniently, and he can be given a lighter or mitigated punishment compared with an accomplished crime.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.

Presiding judge, the indictment has been read out. "The female prosecutor with a cold face finished speaking and looked at the presiding judge.