Lawyer

At two o'clock in the afternoon the next day, Fang Yi and Zhou Ying sat in the conference room of the procuratorate on time. The attitude of the procuratorate is very important. If the two sides communicate well, there will be less resistance during the trial. Kong Xusheng's case has a chance to seek a revision of the sentence.

A male prosecutor surnamed Wang in his 30s wearing glasses glanced at the lawyer's opinion submitted by Fang Yi, and looked up at Fang Yi and Zhou Ying: "You have no objection to the characterization of Kong Xusheng's corruption case, but you have objections to the sentencing. You think he constituted meritorious service, so he can be given a lighter or mitigated punishment on the basis of the existing sentence, is that what you mean?"

"Yes, we think that the procuratorate's accusation in the first trial is not a problem, but a new situation occurred, which was not taken into account in the first trial. Of course, this is an emergency situation, and the public security organ at that time let him go after taking notes on Kong Xusheng. The results of the agency's handling will come out after two days." Fang Yi said.

His meaning is very clear. We have no objection to the charges charged by the procuratorate in the first trial. We agree with the procuratorate's opinion on the crime of corruption. But now a new situation has emerged. Kong Xusheng has committed meritorious service. I hope that the procuratorate will recommend sentencing during the second trial. , consider the new situation.

"Well, I agree with you in principle. It is true that Kong Xusheng stopped others from stealing, but the thief who was caught has not reached the age of criminal responsibility and has not been held criminally responsible. Does Kong Xusheng's blocking behavior constitute meritorious service.... When Prosecutor Wang said this, the door of the meeting room opened, and a 27-year-old female prosecutor walked in.

"Lawyer Fang, Lawyer Zhou, this is my colleague, Prosecutor Liu, we are in charge of this case together." Prosecutor Wang introduced.

"Hello, Lawyer Fang, Lawyer Zhou." Prosecutor Liu took the lawyer's opinion handed over by his colleague, glanced at it and said, "Lawyer Fang, I think so. Kong Xusheng's behavior is a kind of courageous act, which is worth advocating.

However, the perpetrator of the theft has not reached the age of criminal responsibility, and the public security organs have not treated the case as a criminal case. Since the perpetrator's behavior does not constitute a crime, Kong Xusheng's behavior does not constitute "preventing other people's criminal activities" and cannot be considered meritorious service.Of course this is just my preliminary opinion. "

"Lawyer Fang, tell me what you think." Prosecutor Wang obviously had doubts about whether Kong Xusheng's actions constituted meritorious service, but he was not as firm as Procurator Liu.

Fang Yi's reputation is there, and he admires Fang Yi's professional ability very much, so he wants to hear what Fang Yi has to say.

"Prosecutor Wang and Prosecutor Liu, I think Kong Xusheng's actions constitute meritorious service. The reasons are:

Paragraph 60 of Article [-] of No. [-] of the "Criminal Law" stipulates that criminals who expose other people's criminal acts and verify the facts, or provide important clues, thereby being able to solve other cases and other meritorious performances, may be given a lighter or mitigated punishment.

Article 1998 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Handling of Surrender and the Specific Application of Laws for Contributions promulgated in [-] stipulates that preventing others from committing crimes should be deemed as meritorious service..." Fang Yi said

"Well, we are aware of the legal provisions you mentioned, but the public security organs have not treated the behavior of the perpetrator of the theft as a crime. Kong Xusheng's behavior does not comply with the above regulations." Prosecutor Liu took over the conversation.

"Prosecutor Liu, my point of view is exactly the opposite of yours. The 'criminal activities of others' in the above-mentioned laws and judicial interpretations do not necessarily constitute a crime.

Therefore, the results of the judiciary should not be used as the standard. As long as other people's behavior is socially harmful and has some external manifestations of the objective elements of crime, then preventing this behavior can be identified as 'preventing other people's criminal activities'. "Fang Yi said.

"Lawyer Fang, please be more specific." Inspector Wang felt that what Fang Yi said seemed reasonable.

"[-]. According to the above laws and judicial interpretations, 'preventing other people's criminal activities' from making meritorious service does not require 'other people's criminal activities' to actually constitute a crime.

First of all, according to the interpretation of "Modern Chinese Dictionary", activity refers to an action taken to achieve a certain purpose. The "criminal activity" in the activity of "preventing others from committing crimes" is used as a noun, and its literal meaning should refer to the actions taken to achieve the purpose of crimes, and should not be equated with crimes.

Secondly, Article [-] of the above-mentioned judicial interpretation clearly expresses the meritorious service of "preventing other people's criminal activities" as "other people's criminal activities" rather than "other people's crimes".

"Criminal activities" are not clearly defined in the above explanation, but this expression already reflects the orientation of the legislation, that is, the "criminal activities" here are not equal to the actual "crime", which is different from the meaning of "activities" itself Also consistent.

Finally, the "Opinions of the Supreme People's Court on Handling Some Specific Issues Concerning Surrender and Meritorious Service" explains in the form of enumeration how to determine that others "constitute a crime" in reporting, exposing, or assisting in arresting and making meritorious service.

Paragraph [-] of Article [-] of this Opinion stipulates that "the behavior of the defendant to report, expose, or assist the captured person constitutes a crime, but if he does not pursue criminal responsibility, does not prosecute, or terminates the trial due to statutory reasons, it will not affect the performance of the defendant's meritorious service." Determined...'

The "constitution of a crime" here should be understood formally, which means that the behavior is harmful to society and has certain objective elements for the constitution of a crime.

As for the conduct not being investigated for criminal responsibility because the subject does not have the capacity for criminal responsibility, or because the circumstances are obviously minor, the statute of limitations for prosecution has expired, the case was not filed, the case was withdrawn, the prosecution was not prosecuted, the trial was terminated, or the defendant was declared innocent. If it is a crime, it does not affect the determination of meritorious service.

Although Article [-] of the Opinion only provides for reporting, exposing, or assisting in the capture of criminals, we believe that judicial practice can refer to its provisions to determine the meritorious service of 'preventing other people's criminal activities'. "Fang Yi explained.

"Well, Lawyer Fang, what you said just now "The Supreme People's Court's Opinions on Handling Some Specific Issues Concerning Surrender and Meritorious Service" stipulates in Article [-] of reporting, exposing and making meritorious service, and assisting in arresting and making meritorious service. It has been implemented, and it is an after-the-fact evaluation to think that his behavior constitutes a crime in form, and preventing others from committing crimes is more likely to occur during other people's criminal activities, so I don't think it can be fully applied." Prosecutor Wang retorted.

"Well, what you said is right, it cannot be applied completely. But I think it can be used as a reference. Kong Xusheng's behavior meets the conditions of 'preventing other people's criminal activities'. This is how I understand it:

[-]. The "criminal activities" in "preventing other people's criminal activities" refer to behaviors that are socially harmful and have certain external manifestations of the objective elements of crime..." Fang Yi said while observing the prosecutor opposite.

There are three chapters today, two chapters will be released first, and the next chapter is being typed and will be released later.