Lawyer

Chapter 854 All of them are old fritters!
He did not expect that the price for attending the case seminar had risen to 8 yuan. He remembered that the last time someone invited him to discuss a case was only 5 yuan.

In fact, Fang Yi didn't know that as his reputation in the circle and his influence in the professional field continued to rise, his value in Ouyang Jie's circle had already risen.

……

On Thursday morning, Zhang Han's theft case opened in the county court...

"Defendant Zhang Han, did you hear clearly the indictment read out by the public prosecutor just now? What crimes are you charged with? Do you have any objection to the criminal facts charged in the indictment?" Because there are many defendants, the court separately examines the facts of the case. The presiding judge looked at Zhang Han, who had just been brought into the court, and asked.

"Understood, I have objections. I am not an accomplice, nor constitute the crime of theft. When Yang Zugang and the others stole the cable, I didn't even know about it, and I had never seen them before.

It was Yan Yunzhe who contacted me saying that someone was selling cables and asked me if I wanted them. I bought the cables from Yan Yunzhe..." Zhang Han argued.

"The public prosecutor can interrogate the defendant Zhang Han on the criminal facts charged in the indictment." The presiding judge said.

"Defendant Zhang Han, did Yan Yunzhe contact you, or did you contact Yan Yunzhe?" the female prosecutor asked.

"He contacted me." Zhang Han said.

"Is it before or after the theft in this case?" asked the female prosecutor.

"Before implementation." Zhang Khan replied.

"What did he say?" The female prosecutor looked at the interrogation transcript.

"He asked me if I wanted a cable. Someone was releasing a new cable, unopened. I said yes, and asked him how much he had. He told me that the number was quite large. Then I called an old customer, and the other party Said how much to charge. Later I negotiated the price with him." Zhang Han replied.

"Do you know that cables are stolen goods?" asked the female inspector.

"Yes, he said that someone shipped it, and I realized it might be stolen goods." Zhang Khan replied.

"Have you bought other goods from him?" The female inspector asked suddenly with her eyes brightened.

"I bought it!" Zhang Han looked at the female inspector.

When Meng Guangda heard this, his heart skipped a beat. Did he want to make meritorious deeds and reduce his sentence or what?
"What did you buy?" the female inspector asked.

"I bought some electronic components for computer repairs. He is a wholesaler of electronic components. I set up a stall in the electronics mall to repair computers for people. I often buy from him." Zhang Han's eyes flashed The color of sarcasm.

The female inspector's face was not very good-looking: "I'm asking, have you ever collected dirt from him except this time?"

"No, we were doing serious business before. This time he came to me because he thought I had a lot of connections and a wild way. He called me and said that this order could make a lot of money. If I wasn't fooled by lard, how could I Maybe take the cables from him and sell them." Zhang Han had a look of remorse, and he didn't know whether he regretted not being careful enough or really regretted doing this.

Yu Wendong, who was sitting next to Meng Guangda on the defense bench, was amused: serious business? !How the hell can you sit in the dock now if you could have been dealt with before doing serious business?Doing serious business in the electronic mall can withstand your daughter-in-law's doing all day long? !

Not only did he not believe it, but the female prosecutor on the opposite side couldn't do it either, but it didn't matter if he didn't believe it or not.

"Do you know Yang Zugang and others?" The female prosecutor continued to ask, after a while.

"We met on the day of the transaction, but I didn't know each other before." Zhang Han shook his head.

"Didn't Yan Yunzhe mention Yang Zugang and others before?" asked the female prosecutor.

"I really didn't mention it, Yan Yunzhe was afraid that I would skip him and contact the upstream directly, so he didn't tell me who shipped the goods." Zhang Han looked innocent.

"Judge, we're done with the questioning." Seeing that she couldn't ask anything, the female prosecutor stopped the questioning.

"Defendant Zhang Khan's defender questioned the defendant," said the presiding judge.

"Defendant Zhang Han, recall carefully, have you met Yang Zugang or Bai Shi before the trading day? Have you contacted them?" Meng Guangda asked.

Yang Zugang and Bai Shi were the main members of Yang Zugang's group. All the theft plans were made by them. The others didn't know about it at all. They didn't tell the other members of the gang until an hour before the theft.This is also the measure they took to avoid leaking the wind.

Meng Guangda asked this question in order to strengthen the judge's impression of this fact.

"Heaven and Earth Conscience, I have never seen them before. I don't know these two people. When Yan Yunzhe found me, he only said that someone had shipped the goods, but he didn't tell me who it was. He asked me to wait for the call. I'm just a dirt collector. Others I really don’t know.” Zhang Han emphasized again.

The public security organs investigated for more than a month, and most of the stolen cables were recovered.There are witnesses and physical evidence, and Zhang Han will not admit it.

No one wants to take the blame if something goes wrong. On the contrary, some people are quick-witted and cooperate with the police very much in order to make meritorious deeds and reduce their sentences. Make trouble for the family.All of them are old fritters!
……

"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.

"Presiding judge, judge: We believe that the defendants Yang Zugang, Bai Shi, Yan Yunzhe and others jointly participated in planning to steal the cables in the warehouse of the cable factory, and the defendant Zhang Han colluded with Yan Yunzhe to plan the sale of stolen goods. It constituted a joint crime with Zhang Han. Among them, Yang Zugang and Bai Shi belonged to the perpetrators of theft, and Yan Yunzhe and Zhang Han belonged to the accomplices.

In view of the huge amount involved in the theft of cables by the defendant, Bai Shi assisted the public security organs in arresting Yang Zugang, and he was given a lighter punishment in accordance with the law if he had committed meritorious service. Yan Yunzhe and Zhang Han were accomplices.

We recommend that defendant Yang Zugang be sentenced to life imprisonment, Bai Shi be sentenced to 15 years in prison, and Yan Yunzhe and Zhang Han be sentenced to [-] years in prison respectively.complete. "The female prosecutor expressed her opinion.

……

"Defendant Zhang Khan's defender issued a defense opinion." The presiding judge said.

"Presiding judge, judge: The defender believes that the defendant Zhang Han is not an accomplice of Yang Zugang, Bai Shi, Yan Yunzhe and others, and does not constitute the crime of theft. Zhang Han's behavior constitutes the crime of concealing criminal proceeds. The specific reasons are as follows:
The defender believes that, in the theory of criminal law, there are two main legal bases for colluding with the perpetrator of theft and selling the stolen goods afterwards to establish an accomplice in theft:
The first point is that the criminal who sells stolen goods and the perpetrator must have formed the intention of committing a joint crime subjectively.

The second point is that the act of selling stolen goods played a role of encouragement and support for the execution of the criminal's determination and implementation of the crime.

As long as the above two points are met, it meets the constitutive requirements of a joint crime, and is an accomplice in a joint crime, and should be treated as an accomplice..." Meng Guangda held his defense opinion and began to express his opinions in a correct voice.

(End of this chapter)