Lawyer

Chapter 747 You shut up
"In my opinion, whether the perpetrators in the gang rape succeeded in rape (including three situations: [-]. All succeeded; [-]. None of them succeeded due to reasons other than their will; [-]. Some people succeeded and some did not), it is a crime of rape." A matter of done or not. This is because:
First, the so-called attempted rape is not an independent charge, but a statutory aggravated circumstance of the crime of rape. Therefore, rape itself does not have an independent issue of accomplishment and attempt, and only rape crimes have the issue of accomplishment and attempt.

I think that you may be confusing the aggravated punishment of the crime of rape with the conviction of the crime of rape being accomplished or attempted.

Second, if the rape can also be divided into completed and attempted, then in the case of some people who raped Y successfully and some people failed to rape Y, whether the whole case should be determined by the attempted rape or only the failed rape Some people tried to settle with round J?This question is difficult to answer.

Because if the whole case is determined to be attempted rape, then the defendant who has raped Y will definitely not get the punishment he deserves; Now that the wheel J has been decided, it is difficult to justify whether the wheel J is completed or not.

I think, subjectively, gang rape is a joint execution based on the knowledge of joint rape. Any crime should be regarded as an accomplished crime of rape.

Of course, there are differences among them, not to say that the specific sentencing standards are all the same.Auxiliary criminals and accomplices should generally be given lenient punishment according to the law, while joint perpetrators who failed to commit adultery can be given a lighter punishment according to discretion. "Fang Yi paused after speaking, and looked at the crowd.

Zhou Ying and the others digested Fang Yi's words just now, but did not speak.

"In this case, the defendants Kong Shu and Xiang Qingbin violated the will of the women and carried out the act of raping Y women in turn, among which Xiang Qingbin accomplished and Kong Shu attempted.

From the perspective of joint crime, the procuratorate determined that both of them had committed rape, so there was no problem.However, when sentencing, the circumstances of the crime should be taken into consideration.

As for Kong Shu, the defendant who attempted rape, because he has statutory lenient circumstances (meritorious service) and circumstances that can be punished lightly, I think the court may give him a lighter punishment.

I suggest that you communicate with the prosecutor again, and focus on convincing the prosecutor from these two points.In court, I think these two points are also the points of defense. "Fang Yi explained.

(Note: In judicial practice, the completed standard for rape of a woman is the theory of union, and the standard for the completed standard of rape of a young girl is the theory of contact, which is the case in the judgment documents online)
After listening to Fang Yi's explanation, Du Yong was a little bit disappointed. Since Boss Fang and the prosecutor both think so, the possibility of the court's finding that way is very high. Minus down.

A few days later, the trial of Du Yong’s cousin’s case started. Since Du Yong and Zhou Ying communicated with the prosecutor many times before the trial, the prosecution and the defense basically reached an agreement. Qingbin's defender is speaking.

After a verbal battle, the presiding judge pronounced the verdict in court.

The collegial panel held that the defendants Kong Shu and Xiang Qingbin violated the women's will and raped women in turn, their behavior constituted the crime of rape and should be punished according to law.

Kong Shu assisted the public security organs in capturing the accomplice, and performed meritorious service. At the same time, considering that his personal purpose of adultery failed, he could be given a lighter punishment.

In accordance with the provisions of Article 230, Paragraph 20, Item (20), No. 60, Article [-], Paragraph [-], No. [-], Article [-], and No. [-], Article [-], Paragraph [-] of the Criminal Law, it is judged that the defendant Xiang Qingbin committed the crime of rape , and sentenced to ten years in prison; the defendant, Kong Shu, committed the crime of rape and was sentenced to seven years in prison.

After the judgment of the first instance was pronounced, the two defendants did not file an appeal.

After the verdict took effect, Du Yong took his aunt and uncle to see his cousin Kong Shu.After Kong Shu's case was settled, Du Yong waited for several days before adjusting.

A week later, Yun Qiao and Gu's father and son came to the law firm again, this time Ouyang Jie did not follow.

In the underground parking lot, Gu Jun was a little nervous: "Dad, do you think Lawyer Fang will see it?"

"It's hard to say, let's take it one step at a time. After this case is settled, be honest with me, or I will break your dog legs." Gu Hongqing shouted in a low voice.

Gu Jun shuddered in fright and nodded hastily.

The father and son got out of the car and walked towards the elevator.

In the conference room, the Gu family father and son looked at the documents on the table, without saying a word, their faces were not very good-looking.

"Mr. Gu, the questions in this document were drafted by us based on the case file and the case described by your son before.

Article 35: We checked the price of an Audi in a similar condition to the second-hand car Gu Jun bought from the Internet. The second-hand market value is about 21 yuan, but Gu Jun can buy it at a price of [-] yuan. How? Reasonable explanation is a problem.

Article [-]: Gu Jun said that the person who sold his car before was named Zhao Xin, but according to the investigation of the public security department and the procuratorate, there was no such person in the second-hand car trading market, and this name had never been registered.How do you explain this?
Article [-]:..." Fang Yi picked up the document on the desktop and read.

"Lawyer Fang, you don't need to read it. We can't solve any of the problems written on it. We really don't have the ability to solve it." After all, Gu Jun is young, and after Fang Yi's few words, he is a little impatient up.

"Since you two trust us and are willing to entrust us with this case, I think you two should tell me the truth." Fang Yi looked at the Gu family father and son.

"Lawyer Fang, based on the existing materials, is it possible to plead not guilty?" After a while, Gu Hongqing changed the topic.

"It's difficult. We can defend in this way, but there is a high probability that the court will not accept our defense opinion, because there are too many doubts in this case, and we cannot give a reasonable explanation for any question randomly raised by the prosecutor in court." Fang Yiyao He shook his head and said, "But..."

"But what?" Gu Hongqing leaned forward and asked.

"But if Gu Jun admits that he knows that the acquisition is stolen goods, we can talk to the prosecutor and give him a lighter punishment." Fang Yi paid attention to the reaction of the father and son opposite him while speaking.

"Why do you admit that what you bought was stolen goods? I was wronged." A trace of panic flashed in Gu Jun's eyes.

"Shut up." Gu Hongqing turned to look at Fang Yi after scolding his son: "Lawyer Fang, why did you give such a suggestion? What is the reason?"

(End of this chapter)