Lawyer

"First of all, the 'activity' here should be a dynamic and static form that conforms to the objective elements of a certain crime. Whether it meets the objective elements of a crime should be based on the judgment standards of ordinary people in society. In addition, this 'activity' also To infringe upon the interests protected by the criminal law is harmful to society.

Secondly, this 'criminal activity' is not equal to 'crime', and it is not required that the criminal activity fully complies with the subject and object of the crime and the constituent elements of the subjective and objective elements, nor does it require that the social harmfulness of the act must reach the level of criminal illegality and punishment. severity.

Let me give you an example. For example, if the perpetrator sees A chasing B with a knife on the street, and he steps forward to stop him, it should be deemed to be in line with 'preventing other people's criminal activities'.As for whether A subjectively intends to kill or injure, and whether A finally hacks B to death or causes more than a minor injury, it does not affect the fact that A's behavior has met the objective requirements of the crime of intentional homicide or intentional injury. in manifestation.

At this time, according to A's objective behavior and combined with the situation that B's body is about to be seriously violated, it can be judged that A is committing a criminal activity of intentional homicide or intentional injury.As for whether A has reached the age of criminal responsibility, whether he is a mental patient or not, and whether all other elements are met, and whether A will not be pursued for criminal responsibility because of obvious minor circumstances, the expiration of the statute of limitations, pardon, surrender, and meritorious service, etc. Does not affect the determination that A's behavior is a 'criminal activity'.

In this case, the defendant Kong Xusheng discovered that the thief was stealing other people’s wallets and stopped him. Although the judiciary did not pursue criminal responsibility for the thief’s behavior, the behavior violated the victim’s property interests and was socially harmful. The external manifestations that objectively meet the objective elements of the crime of theft should be identified as the "criminal activities" in the meritorious service of "preventing other people's criminal activities".

[-]. Kong Xusheng's behavior prevented the continuation of the crime.

The "prevention" in "preventing other people's criminal activities" not only requires the act of "blocking", but also the effect of "stopping", that is, the criminal activities of others stop, or do not continue within a specific time and space, or the legal interests are violated. The state or result is controlled or eliminated in a timely manner.

In judicial practice, if the perpetrator actively obstructs other people's criminal activities, but the actual effect of stopping the criminal activities objectively is not produced due to reasons such as isolation or accidents, then it cannot be regarded as meritorious service.

However, in the actual sentencing, the court will generally take into account the specific circumstances such as the degree of involvement and role of the perpetrator in preventing criminal activities, and regard it as a discretionary circumstance for a lighter punishment.

[-]. "Others" in "preventing other people's criminal activities" include both natural persons and units.

The natural persons among them are not subject to the limitation of the criminal responsibility capacity of the subject of the crime, including those who have no criminal responsibility capacity or limited criminal responsibility capacity due to age, mental state and other reasons.

In this case, the perpetrator of the theft who was captured by Kong Xusheng was in this situation.

[-]. There must be a causal relationship between the "criminal activities of others" and the blocking behavior, that is, the criminal activities must be stopped because of the intervention of the blocking behavior.In this case, it was precisely because of Kong Xusheng's intervention that the perpetrator of the theft ended his theft.

[-]. 'Preventing other people's criminal activities' must be on the spot, with specific time and space restrictions.Kong Xusheng's act of capturing the perpetrator of the theft just fits the above-mentioned restrictions.

To sum up, in this case, the defendant Kong Xusheng stopped the theft activities of the thief who stole other people's wallets while he was released on bail pending trial. Since the thief did not reach the age of criminal responsibility, the public security organs did not handle it as a criminal case.

Although the perpetrator of theft does not meet the requirements for the establishment of a criminal subject, he can become the subject of "criminal behavior" in the meritorious service of "preventing other people's criminal behavior".

The act of the thief stealing other people's wallets conforms to the external manifestations of the objective elements of the crime of theft. The stolen bag contains RMB [-] in cash, which has reached the prosecution standard for the crime of theft, and the amount is huge, which is socially harmful. And the behavior that objectively infringes the interests protected by the criminal law belongs to the category of "criminal activities" in the meritorious service of "preventing other people's criminal activities".

Therefore, Kong Xusheng stopped the theft of the perpetrator on the spot to prevent the victim's property interests from being infringed, and Kong Xusheng's behavior constituted meritorious service. "Fang Yi's mouth fluttered up and down, and the corners of his mouth were foaming.

Zhou Ying looked at Fang Yi. She drafted the lawyer's opinion and Fang Yi revised it. She naturally knew how much content was in it. She didn't expect Fang Yi to expand so much content, and what he said was logical.She really wanted to tear apart Fang Yi's brain to see how it grew.

Although Prosecutor Liu didn't say much afterwards, he was very surprised by Fang Yi's explanation. He didn't expect the famous lawyer Fang to be so eloquent.

"Lawyer Fang, can you print a copy of what you explained just now and give us a copy. We need to have a meeting to discuss this matter. The determination of meritorious service will have a certain impact on the defendant's sentencing. We have to be cautious." Prosecutor Wang's meaning is very clear , we will bring the lawyer's opinion to the meeting for discussion, as for the result... wait for the announcement.

Fang Yi understood that the Inspector Wang in front of him had already been sprayed by him!
After leaving the gate of the procuratorate, Zhou Ying smiled: "Lawyer Fang, it seems there is something going on."

When Kong Xusheng's case was in court, it was Zhou Ying who defended him.

The Procuratorate's opinion is that it is recommended to maintain the conviction of Kong Xusheng, and at the same time, it should be determined that Kong Xusheng prevented others from committing crimes, which has an immediate action.

After the trial, the collegial panel announced the verdict in court.

The intermediate court held that the appellant, Kong Xusheng, as a state employee, took advantage of his position to accept bribes from others and seek benefits for others, and his behavior constituted the crime of accepting bribes.

In view of the meritorious performance of Kong Xusheng in preventing others from committing crimes, he was given a lighter punishment according to law.In accordance with Article 90, Paragraph 385 of Article 386, Article 383, Paragraph 60, Article 189, Article [-], Paragraph [-], Article [-], and Article No. [-] of the "Criminal Law", "The Supreme People's Court's Concerning the Specific Application of Laws in Handling Surrender and Meritorious Service" According to Articles [-] and [-] of the Interpretation of the Issue and Article [-], Item [-] of the Criminal Procedure Law, the judgment is as follows:

234. Uphold the second item of the Criminal Judgment Xing Chu Zi No. 30 of the District Court, that is, the returned stolen money of RMB [-] shall be confiscated, and the stolen money that has not been returned shall be recovered;

234. Revocation of the first item of the Criminal Judgment Xing Chu Zi No. 10 of the District Court, that is, the defendant Kong Xusheng was sentenced to [-] years in prison for the crime of accepting bribes, and RMB [-] of property was confiscated;

10. The appellant (defendant in the original trial) Kong Xusheng was sentenced to nine years in prison for the crime of accepting bribes, and RMB [-] of property was confiscated.

Kong Xusheng's sentence was reduced from ten years' imprisonment to nine years' imprisonment. Although it is not much, one year less is one year.

Although the final result was not as good as Su Cuirong expected, when Su Cuirong recalled Fang Yi's words, she felt that Fang Yi's actions were relatively reliable, at least she did not fool herself. (end of this chapter)