Lawyer

Chapter 782 Everything Started From Greed

"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. "The presiding judge looked up at the prosecutor.

"Presiding judge, judge: We believe that in this case, the defendant Sha Congcong secretly stole more than a huge amount of property from the victim, which constituted the crime of theft. The specific reasons are as follows:
[-]. The location of the theft in this case was in the chain hotel room rented by the victim. No matter where the victim puts his watch, it should be considered that the victim still actually possesses the watch.

[-]. The defendant admitted that she took away the victim's watch because the victim's behavior was rough during the X transaction, and she took the watch to vent her anger. This shows that the defendant had the intention of illegal possession.

[-]. The defendant took the watch away when the victim was going to the bathroom, which belonged to secret theft.

To sum up, Sha Congcong, the defendant in this case, subjectively had the purpose of illegally possessing more than a huge amount of other people's items, and carried out the act of stealing secretly, which met the constituent elements of the crime of theft.

Because the watch brand stolen by the defendant is Blancpain, which is worth 12 yuan, and the amount stolen is huge, we suggest that the court sentence the defendant to eight years in prison. ” said the inspector.

Fang Yi glanced at the prosecutor opposite, and thought: This guy can do it, he must have done a lot of homework in court.

……

"Defendant's defender made his defense opinion," said the presiding judge.

"The presiding judge and the judge: the defender has no objection to the charges charged by the public prosecutor, but the defender believes that the defendant Sha Congcong has a major misunderstanding of the value of the stolen watch, and the defendant should not be punished according to the actual value of the watch. Punishment. The reasons are as follows:
[-]. The defendant had major misunderstandings about the value of watches.

First, the victim casually put the watch of such great value on the table, together with cigarettes and lighters, causing Sha Congcong to misunderstand the value of the watch.

Second, after the defendant Sha Congcong was brought to justice, in previous interrogations, he was still unable to accurately tell the specific characteristics of the watch, such as the brand and model, and he always believed that the watch was only worth about [-] yuan.This shows that he really doesn't know anything about famous watches, and he doesn't care about the actual value of the watch.

Third, after the defendant Sha Congcong brought the watch home, he neither fled immediately nor disposed of the watch, but put it in an unlocked drawer, which shows that the defendant did not clarify the actual value of the watch. understanding.If the accused had known the real value of the watch, it would have been impossible for it to have been improperly deposited.

Fourth, in the process of calling the defendant to inquire about the watch, the victim never said the actual value of the watch, only said that the watch was "significant to him", and said that the watch was not worth much, and he was willing to give 1000 yuan as a reward. Get back the watch.

The above situation deepened the defendant's misunderstanding of the actual value of the stolen watch.

To sum up, we believe that although the defendant’s act of taking away other people’s watches has the subjective purpose of illegally occupying other people’s property, the defendant did not realize the actual value of the watch at that time.

That is to say, subjectively, the defendant only had intentional content of illegally possessing other people's "large amount" of property, but had no intention of illegally possessing "huge amount" of property.

In this case, the defendant, Sha Congcong, had a serious misunderstanding of the value of the watch, and the amount he knew was far lower than the actual amount, so he should not be held responsible for the crime for the amount of property he did not know.

Second, the defendant can be exempted from criminal punishment.

According to Article 30 of No.[-] of the "Criminal Law", criminal punishment may be exempted for minor crimes that do not require punishment.

In view of the fact that the defendant Sha Congcong had a major misunderstanding of the value of the stolen watch, and the stolen watch had been recovered and returned to the victim, his behavior was a minor crime.The defender suggested that Sha Congcong be exempted from criminal punishment.complete. "Fang Yi finished reading the just revised defense opinion.

"The public prosecutor can respond to the defences of the defenders," the presiding judge said.

"In response to the defender's defense, we express the following views:

Whether the defendant has a major misunderstanding of the value of the stolen watch cannot be determined solely on the basis of the defendant’s confession or defense. Otherwise, in the case, the defendant can claim to have a major misunderstanding of the value of the stolen item in order to evade or escape its legal responsibilities.

Therefore, we believe that the defendant's misunderstanding of the value of the stolen watch cannot be determined based on the defendant's confession and the scene at the time of the crime.The conviction and sentencing should be based on the actual value of the watch.complete. ’ the inspector responded.

"The defender can respond to the prosecutor's opinion." The presiding judge looked at Fang Yi.

"Based on the Prosecutor's defense opinion and response, the defender issued the following defense opinion:

The defender believes that to determine whether the defendant has a major misunderstanding of the value of the stolen watch, it should be comprehensively analyzed from the perpetrator's personal situation and his performance before and after the behavior.

The defendant in this case, Sha Congcong, was born in a natural village below the local county. His family conditions were not good. He had never seen such an expensive watch, and neither knew nor heard of such expensive watches.

Sha Congcong is only in his 20s, and he came to the city from the countryside for more than three years. He has never come into contact with someone with such an expensive watch before. The best watches sold in the best shopping malls are only a few thousand yuan.

Therefore, judging from Sha Congcong's background, age, occupation, knowledge, and experience at the time of committing the crime, it is impossible for him to have a clear or general understanding of the actual value of the stolen watch.complete. "Fang Yi replied.

……

In the case of Sha Congcong, after the collegial panel deliberated, the presiding judge pronounced the verdict in court.

The court held that the defendant, Sha Congcong, secretly stole more than a relatively large amount of property from others, and his behavior constituted the crime of theft.The prosecution accused the defendant of the crime of theft and should be supported.

The victim put a watch of great value together with a lighter and cigarettes. On the one hand, it is enough to make the defendant who lacks basic knowledge of famous watches have a wrong understanding of the value of the watch; Greed for small gains.

After the defendant was detained and before he knew the actual value of the watch he had stolen, he always mistakenly believed that what he had stolen was just an ordinary watch worth nearly [-] yuan.

Based on the defendant's background, age, occupation, knowledge, experience, etc., the defendant's mistaken belief that the value of the stolen watch is true and credible, and it was not the defendant's intentional evasion.

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(End of this chapter)