Lawyer

Mao Dewen's small physique spends his days drinking and drinking. How can he run like a lively armed police soldier? He was held down before he ran 30 meters.

The traffic police brought an alcohol detector and asked Mao Dewen to blow it. Mao Dewen was pinched by someone and had no choice but to blow it.The traffic police looked at the data, turned around and asked him what he was running for.

Mao Dewen sat on the ground, gasped and said that he had been drinking, and ran away for fear of being investigated.The traffic policeman laughed when he heard the words, showed him the tester, and told him that it was not enough for drunk driving and he didn't need to run.

Mao Dewen laughed when he saw it, feeling that he was lucky and escaped.

Afterwards, the traffic police routinely asked him to check his driver's license. Mao Dewen agreed to go back to the car to get his driver's license. Before he opened the door, his head buzzed, and sweat broke out on his forehead.

Last year, he was arrested for drunk driving, and his brother-in-law helped him operate it. Although he came out after a short period of time, his driver's license was revoked.He was only thinking about drunk driving just now, and forgot about it.

Seeing that he was not moving, the traffic police urged him to get his driver's license. He grinned and lied that he had forgotten to bring his driver's license. Later, the traffic police impounded his Mercedes-Benz and fined him another [-] yuan.

At noon the next day, Mao Dewen found out that his car was parked in the courtyard of the traffic police squadron, so he sneaked into the courtyard at around 50:[-] that night, and found that there was only a duty officer in his [-]s at the gate. In the courtyard, holding the spare key of the Mercedes-Benz, he was about to drive the car away.

When the officer on duty found out, he stepped forward to stop him. Mao Dewen took advantage of the bricks on the ground to knock him unconscious, dragged him to the corner, tied his hands and feet with the rope in the car, blocked and strangled the other party's mouth with towels and cloth strips nose.

The next day when the shift came, he didn’t see the colleague on duty yesterday, thinking that he had gone to the toilet. Later, a traffic police accidentally found the duty officer who was tied up by the wall. The latter’s body was stiff. Department of suffocation.

At the same time, the traffic police found that the Mercedes-Benz parked in the courtyard was gone.

At the beginning, Mao Dewen didn't know that he had caused a catastrophe. He thought it was just a matter of stealing his car away, injuring someone, spending some money at home, and asking his brother-in-law to delay the relationship. Later, someone told him, The man in his 50s who was on duty at night died.

After getting the news, Mao Dewen's legs softened immediately.Knowing that he had caused a catastrophe, the first thing he thought of was to run away, but he was caught by the police as soon as he arrived at the train station.

Subsequently, the procuratorate charged Mao Dewen with intentional homicide and transferred the case to the Intermediate People's Court for trial.

After the trial, the intermediate court held that the defendant Mao Dewen stole his property temporarily detained and managed by the state, and when he was stopped by the on-duty personnel, he used violence on the spot, causing death. His behavior constituted a crime of robbery with cruel means and serious consequences. Should be punished according to law.

The facts of the crime charged by the public prosecution agency are clear, but the characterization is inappropriate.Mao Dewen's defender's defense that Mao Dewen's behavior constituted the crime of manslaughter had no factual and legal basis and should not be adopted.

The judgment of the first instance: [-]. The defendant Mao Dewen committed the crime of robbery and was sentenced to death and deprived of political rights for life.[-]. The Mercedes-Benz car involved in the case was returned according to law.

After the verdict was pronounced in the first instance, the defendant Mao Dewen refused to accept it and appealed to the Provincial High Court, claiming that he had no motive for the murder, the decision of the first instance was inappropriate, and the sentence was abnormally severe.

"Lawyer Wang, I'm not afraid of your jokes, Ouyang and I are close buddies, we are not outsiders.

I don't even know what this bastard was thinking at the time?It's just a Mercedes-Benz, does it need to kill people?What the hell did it do in the yard of the traffic police team.It's useless for me to find a relationship. "Lv Yuanren was swearing at people while smoking, and he was so angry.

"After the accident, the Mao family asked their legal advisor to introduce a well-known local criminal lawyer, but at the end of the case, Xiao Mao was still sentenced to death.

Isn't this going to be appealed? The Mao family thinks that they are close to the water first, and they want to hire a lawyer in our city for a second trial.Lu Yuanren and I are both people in the circle. He knew my previous case, and now he is doing this again, so he called me... The relationship is not far away. "Ouyang Jie explained.

"Well, I understand." Fang Yi put down the criminal verdict and looked at the two.

"Lawyer Fang, I won't hide it from you. Before coming here, I also consulted several lawyers. I even made a special trip to the capital to talk about everything.

Some lawyers said that my brother-in-law's car theft is not theft, but the use of violence in the process of stealing the car to cause casualties constitutes the crime of intentional injury or intentional homicide.

Some lawyers also said that all vehicles seized by the traffic management department according to law should be treated as public property.In the process of stealing the vehicle, my brother-in-law used violence to cause casualties, which constituted a crime of robbery.

My legs have been running thin these days, and I don't know who to listen to.There's nothing wrong with such a little brother-in-law at the booth.It's not enough if you don't let him run away, my father-in-law and my daughter-in-law are urging me all day long! "Lu Yuanren said helplessly, feeling aggrieved.

"My preliminary judgment is that your brother-in-law does not constitute a crime of robbery. Mao Dewen 'stealed' his own vehicle. He did not harm the rights and interests of other people, so he does not meet the conditions for constituting a crime of robbery.

In addition, your brother-in-law should not constitute the crime of intentional homicide. He has no motive or intention to kill. His purpose of going to the traffic police team is to steal his car back, not to kill.

However, your brother-in-law Mao Dewen used violence to injure others to death during the process of stealing the car, and his behavior may constitute the crime of intentional injury.

According to the provisions of Article 230 of the "Criminal Law", whoever intentionally injures another person's body and causes death shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. "Fang Yi thought for a while.

"You mean that my brother-in-law may be charged with another crime, and the final result is the death penalty?" Lu Yuanren asked after digesting Xia Yi's words.

"It's very likely to be the death penalty, but it doesn't necessarily have to be executed immediately. It might be a death sentence with a reprieve. Of course, there is an element of luck in it, and it's also related to the lawyer's professional ability." Fang Yi said seriously.

"Lawyer Fang, do you think Mao Dewen's case constitutes a crime of illegal disposal of seized property? A professor from the Law School of Beijing University once mentioned it at the dinner table.

I don't know much about this, so I want to ask you again. " Lu Yuanren asked suddenly.

Fang Yi thought for a while and said: "You are talking about Article 310 of the Criminal Law. Whoever conceals, transfers, sells off, or intentionally damages property that has been sealed up, seized, or frozen by the judicial authority, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years. Detention or fine.

I don’t think your brother-in-law’s case constitutes the crime of illegally disposing of seized property. Let me explain it to you, and you will understand:

First of all, let's talk about the meanings of the three words "sealing, seizure, and freezing" in the law.

Seizure refers to the seal signed by the judiciary. This seal should specify the date of the seal, the sealing unit and affix a seal. Once the item is sealed by the judicial authority, it cannot be opened, used without the approval of the sealing authority, let alone sold or transferred.

Seizure refers to the temporary detention of items related to a case by the judiciary for the purpose of handling the case.This kind of seizure generally involves detaining items in judicial organs, but some bulky items can also be detained in warehouses and other places.

Freezing mainly refers to freezing the fund accounts related to the case. Once frozen, the funds cannot be used privately, let alone transferred, without unfreezing in accordance with the law. "