Lawyer

Chapter 907 It's So Not Worth It!

"The court's filing and trial are separate. When filing a case, it only conducts a formal review and does not judge whether it constitutes a crime. Only when it enters the trial stage will the judge review the entire case, check the evidence materials, and finally determine whether the defendant has constituted a crime.

To put it bluntly, when a private prosecution case is filed, the judge only looks at whether there is an indictment, whether evidence has been submitted in accordance with the regulations, etc., just like applying for company registration at the Industrial and Commercial Bureau, as long as you fill out the required form and submit it. . "Fang Yi explained.

"Oh, then I understand. In other words, criminal cases that can be filed may not necessarily be convicted." Ma Liangyou said with a clear face.

For Ma Liangyou, an honest small business owner, he always thought that the court had already filed the case, and that he would be found guilty in all likelihood, otherwise, how could the court file the case.

When he received the court notice, his hands were shaking and his legs were a little weak.Hearing what Fang Yi said today, I feel more at ease, at least not as panicked as before.

"After the incident, have you discussed compensation with Boss Liu?" Fang Yi asked.

"I mentioned it, how could I not mention it. I said to compensate him for all losses and let him withdraw the lawsuit, but he didn't do it, saying that I lied to him, and would sue me for everything. I know he was holding his breath, hey! Yes." Ma Liangyou said dejectedly.

"How is the business at home? Is the factory still running?" Fang Yi changed the subject.

"The factory is still open, but after my son does this, there are only some old customers left. Who else dares to entrust me with processing, because they are afraid that my son will steal the products and delay their business." Ma Liang Friends sighed.

Fang Yi looked at Ma Liangyou and thought to himself: If the reputation is lost, it will not be easy for the company to slow down!Losing credit for a small profit...it's not worth it.

"Lawyer Fang, do you think my son will be arrested?" Qian Qin asked suddenly.

"Why do you ask that?" Fang Yi looked at her suspiciously.

"When I went to the police station to cancel the theft case, there was a policeman who had a good relationship with me. He knew about my family's situation and said that my son might be involved in the crime of theft. I was afraid that Boss Liu would find out about this." Ma Liangyou said nervously. .

"First, Boss Liu sued you for the crime of embezzlement, but your son's theft in this case has to be mentioned, and there is no way to explain the whole thing clearly without mentioning it.

Theft is a public prosecution case, not a private prosecution case.Generally speaking, if the judge discovers a criminal act during the trial of the case, it may be handled in another case.

How much are these stainless steel putty knives worth? "Fang Yi explained.

"6000 yuan. Lawyer Fang, what should we do?" After Qian Qin finished speaking, the husband and wife looked at Fang Yi with flustered eyes.

"From your statement, your son secretly stole property of great value. His behavior does meet the elements of the crime of theft, but it may not be handled as the crime of theft," Fang Yi said.

"Why?" Ma Liangyou and his wife said in unison.

"I personally think that without your knowledge, Ma Xu used secret means of stealing to sell the stainless steel putty knife that Boss Liu, the private prosecutor, entrusted you to process and actually possessed. According to the facts of this case, the court generally will not pursue criminal responsibility for Ma Xu's theft.

The reason is: Although the stolen stainless steel putty knife is the property of Boss Liu, the private prosecutor, but because he entrusts you to process and keep it, according to the relativity of the contract, you should be liable for compensation for the damage and loss of the stainless steel putty knife, and Ma Xu is your son, and this case is actually a case of theft within the family.

For the handling of such theft cases, in judicial practice, courts generally adopt a cautious attitude.

In 1984, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Responses to Several Questions Concerning the Specific Application of Laws in Current Handling of Theft Cases," which stipulated that when dealing with specific cases, those who steal from one's own home or close relatives should also commit crimes in society. to differentiate.

The Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Issues Concerning the Specific Application of Law in the Handling of Theft Cases" formulated by the Supreme People's Court and the Supreme People's Procuratorate in 1992. Where criminal responsibility is necessary, it should be handled differently from committing crimes in society.

After the revision of the Criminal Law in 1997, the Supreme People's Court promulgated the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Stealing Cases, which continued the spirit of the above-mentioned interpretation, stipulating that stealing property from one's own home or that of close relatives generally does not qualify as a crime. If it is really necessary to pursue criminal responsibility, the punishment should also be different from those who commit crimes in society.

The main reasons why the court should carefully handle the theft cases that occur within the family or between close relatives are:
First, this kind of theft violates the common property of the family or the property of close relatives. The existence of kinship weakens the owner’s strong protection needs for property rights and the resulting conflict of interests to a certain extent. The social harmfulness of other acts of theft varies greatly, and generally does not belong to crimes that seriously endanger public security. Differential treatment in handling is in line with the spirit of the policy of combining leniency with strictness.

Second, starting from the traditional concept of family affection in our country, people generally do not think that stealing family or relatives’ property constitutes a crime, and they will generally forgive the thief after the case occurs, and do not want to pursue legal responsibility, let alone criminal responsibility. "Fang Yi said this, but was interrupted by Qian Qin.

"Lawyer Fang, you are so right. We don't want to pursue my son's criminal responsibility. My son wants to make more money, and it is for the sake of his family." Qian Qin was a little excited.

"Shut up and listen to Lawyer Fang." Ma Liangyou gave his wife a hand and reprimanded her.

"I went on to say ha.

Third, such cases are generally not treated as crimes, objectively giving the thieves a chance to rehabilitate, generally there is no danger of recidivism, and it is also conducive to maintaining family stability and unity and harmony among relatives.

To sum up, I think that although the value of the stainless steel putty knife stolen by Ma Xu in this case is more than [-] yuan, which is a huge amount, in view of the loss caused by his theft and sale of the stainless steel putty knife, you will ultimately be liable for compensation, and you also Willing to actively compensate Boss Liu, the private prosecutor, for his economic losses, and the social harm of his theft has been greatly reduced.

From the perspective of implementing the spirit of the above-mentioned judicial interpretation and the criminal policy of combining leniency with strictness, not pursuing criminal responsibility for the crime of theft is conducive to achieving good social effects in case handling.

Therefore, I think there is a high probability that the court will not pursue criminal responsibility against your son Ma Xu. "Fang Yi finished speaking and looked at the two people opposite.

(End of this chapter)