Lawyer

"Now that we are presenting evidence and cross-examination, do the public prosecutor, defender and defendant have any new evidence to submit?" asked the presiding judge.

"No." Sanfang said.

"The public prosecutor will present the evidence first," said the presiding judge.

Fang Yi had seen the list of evidence and related evidence submitted by the prosecutor before, and he accepted all the evidence in the case, and the defendant had no objection to the evidence.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"The presiding judge and judges: The public prosecutor believes that the defendant Tang Renguo and the victim Tang Ming are father-son, and the object of the defendant's robbery is the family property of Tang Ming and his wife.

According to Article [-] 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", those who obtain the property of family members or close relatives by means of violence or coercion for personal use are generally not convicted of robbery If the punishment constitutes other crimes, it shall be dealt with in accordance with the relevant provisions of the Criminal Law.

The defendant, Tang Renguo, committed murder with weapons during the process of robbing his own family, but failed due to reasons other than his will, and his behavior constituted the crime of intentional homicide (attempted).

In view of the fact that the defendant's attempted murder caused serious injuries and caused heavy economic losses to the victim, we recommend that the defendant be sentenced to death with a two-year reprieve.complete. After the inspector finished speaking, he put down the A4 paper in his hand.

Tang Ming, who was sitting in the auditorium, did not feel particularly relieved after listening to the inspector's speech, and the joy in his eyes only lasted for a moment, but after the joy passed, he felt an inexplicable heaviness in his heart.

Jia Zongxia's reaction was different from his. After hearing the prosecutor's sentencing suggestion, her heart twitched suddenly, her eyes were full of worry, her hands were tightly clutching the armrest of the chair, and her body trembled slightly.

According to the trial procedure, the next step is for the defendant to defend himself. The defendant Tang Renguo did not cry anymore. His self-defense is more like a narrative. He admits everything he has done, but he believes that he surrendered himself to the police station when he was arrested. Plead with the court for leniency.

"The defendant's defender delivered his defense opinion." The presiding judge looked at Fang Yi.

"Presiding judge, judge: The defender believes that the defendant Tang Renguo's behavior does not constitute the crime of intentional homicide, but constitutes the crime of robbery. The reasons are as follows:
[-]. The defendant Tang Renguo robbed the family's common property, which constituted the crime of robbery

According to 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 [2005] No. 8), instigating or cooperating with others to rob family members by means of violence or coercion or the property of close relatives, may be convicted and punished for the crime of robbery.

According to the "Reply of the Supreme People's Court on How to Convict Cases of Intentional Homicide During Robbery" (Fa Shi [2001] No. 16), the perpetrator premeditated intentional homicide for the purpose of robbing property, or in order to subdue the victim's resistance during the process of robbing property, Intentional homicide shall be convicted and punished as robbery.After the perpetrator commits robbery, if he intentionally homicides to silence his mouth, he shall be convicted of the crime of robbery and intentional homicide, and shall be punished concurrently for several crimes.

The defender believes that Tang Renguo has reached the age of [-], is an adult, and has the ability to live independently. However, because the victim and the defendant have not separated their families and properties, Tang Renguo, as a family member living with Tang Ming, has also contributed to the family income. Therefore, the family The property should be identified as the joint property of the defendant Tang Renguo and his parents.It should not be recognized as the common property of Tang Ming and his wife.

In this case, the defendant Tang Renguo and Jiang Sanfu (Huang Mao) went to the supermarket run by his family to make money. During the money making (robbery) process, the defendant beat the victim to serious injuries, and his ultimate purpose was to make money.

It can be seen from the defendant’s behavior before and after that he was going to go to his own supermarket to make money, and then seriously injured the victim, before and after robbing the family’s shared property.

The behavior of the defendant complied with the provisions of Article [-] of the "Reply of the Supreme People's Court on How to Convict Cases of Intentional Homicide During Robbery" and "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". for robbery.

[-]. Defendant Tang Renguo's behavior of entering the rest room of the supermarket to rob should not be identified as 'household robbery'.

According to Article [-] 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", "household" refers to a residence, which is characterized by two aspects: providing for other people's family life and being relatively isolated from the outside world. is a functional feature, and the latter is a place feature.

According to the Supreme People's Court's "Guiding Opinions on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery", Article [-] of the Supreme People's Court's "Guiding Opinions on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery" on the determination of the aggravating circumstances of robbery crimes, for places that are engaged in business part of the time and used for daily life part of the time, the perpetrator is not Forcible entry and robbery during business hours or fraudulently opening the door to rob in the name of shopping, etc., shall be deemed as 'household robbery'.

For a place that is partly used for business and partly used for living and there is a clear separation between them, if the perpetrator enters the living place to commit robbery, it should be identified as 'household robbery'.

If there is no clear separation between places, if the perpetrator enters the premises during business hours and commits robbery, it will not be deemed as 'household robbery', but if the actor enters the premises and commits robbery during non-business hours, it shall be deemed as 'household robbery'.

In this case, the defendant Tang Renguo entered the rest room of his supermarket in the early morning to rob, which seemed to meet the constitutional characteristics of "household robbery" in the above-mentioned guidelines. The room is actually not a living area, but a single bed temporarily set up for Tang Ming, the owner of the supermarket, to rest and use. Most of the area is occupied by goods, and it is actually a warehouse, a part of the supermarket.Therefore, this case does not belong to house robbery.

In addition, Tang Renguo and Tang Ming belonged to family members who lived together, regardless of whether Tang Ming's consent was obtained for his entry into his father Tang Ming's resting place, it was not illegal trespass.

From the perspective of traditional ethics and morality, regardless of whether the child is an adult or lives separately from his parents, it is normal for a child to enter the bedroom or house of his parents, and it does not constitute the crime of illegal intrusion into the house.

Therefore, the robbery of the victim Tang Ming by the defendant Tang Renguo entering the rest room of the supermarket cannot be identified as 'household robbery'.

[-]. The defendant has surrendered himself.

The defendant in this case, Tang Renguo, voluntarily came to the public security organ after committing a crime, and truthfully confessed his main criminal facts after being interrogated. Therefore, Tang Renguo's behavior constituted surrender.

To sum up, the defendant Tang Renguo came to his supermarket with other people to make money (robbery) on the day of the incident, but was refused because of asking for money. He had an argument with the victim Tang Ming, severely injured the victim, and then robbed the victim. After [-] yuan in cash, he fled the scene.

From the beginning to the end, the defendant had only one criminal purpose, which was to make money. He did not have the purpose of killing when he returned home, and the existing evidence in the case could not prove that the defendant had the purpose of killing. Therefore, the defender believed that the defendant constituted the crime of robbery. Does not constitute intentional homicide.

In view of the fact that the defendant did show remorse and surrendered himself, and the money he robbed belonged to the family's common property and was less harmful to society, the defender suggested that the court sentence the defendant to ten years' imprisonment.complete. "Fang Yi issued a defense opinion.