If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 174 The secret under surveillance is still a secret

"There really isn't much to make a fuss about in this case."

Kong Xiaotian also took out the defense opinions of the second trial and put them in front of Ren Zhen.

"After the first-instance judgment was handed down, it attracted a lot of attention in the society, so Xu Jiaxian's appeal application was quickly approved. At that time, I stayed up all night with several lawyers in the firm, but we still couldn't find a satisfactory entry point."

Ren Zhen picked up Kong Xiaotian's defense opinion, which was obviously much thicker, and started to read it.

"I heard that during the second trial, the court invited many experts and consulted them for their opinions?"

Although I heard about it, based on Chen Guangming's information channels, this is definitely happening.

"Indeed."

Kong Xiaotian nodded: "During the court session and communicating with the judge, the judge seemed to have different ideas from us on several points in the defense opinion.

They should have consulted several professors at that time and discussed several controversial issues. By the time the court session came, the judges' opinions were very clear. "

"In terms of the focus of controversy, it's probably four or five points?"

Ren Zhen turned it back and forth and glanced at it quickly, "Secret theft, unjust enrichment or infringement, is the ATM a tool or a platform, the handling of 17 yuan and the defendant's performance, the original information on the ATM Is there insufficient evidence in the data? Is there any leakage?”

Kong Xiaotian shook his head: "That's it. The misappropriation was denied in the first trial. In the second trial, we simply gave up on this direction and followed the theft as accused by the prosecutor. We spent all our efforts to find these few places where we could try it.

In fact, there are four or five minor points of dispute, and the overall defense opinions are only two points. The first is that the facts are unclear and the evidence is insufficient.

Because Xu Jiaxian only remembered that there was more than 170 yuan on the card, but he could not tell the specific amount, and the time and order recorded in the statement provided by the bank were wrong, so it was impossible to determine the specific amount on his account and the amount of money withdrawn from his account for every 1000 yuan. Conclusion of deducting one dollar. "

"You are just being picky."

Chen Guangming didn't have his defense opinions in hand, but he already frowned when Kong Xiaotian said this:
"The amount of money he has on the card does not affect the established fact that he stole, and it is impossible to draw the conclusion that one yuan will be deducted for every 1000 yuan withdrawn. This conclusion is only used by the court for specific reasoning.

Even if the court accepts your opinion, the chain of evidence is enough to prove the defendant's criminal facts. You have not argued the facts and evidence to the point, so how can the court agree that it is unclear and insufficient? "

"Sure enough, Ginger is still as cool as ever. Professor Chen hit the nail on the head."

Kong Xiaotian smiled bitterly: "I know what you are saying, but the evidence of Xu's theft is solid. We really have no way to start other than to detail these details!"

"What you said about secret theft and unjust enrichment is quite reasonable."

Ren Zhen had almost finished reading Kong Xiaotian's defense, "Also, it's hard to judge whether this ATM belongs to a financial institution or not. If it were me, I probably wouldn't be much different from you."

Hearing Ren Zhen's words, Kong Xiaotian couldn't help but curl his lips: "Although this defense opinion has some loopholes, it is because the case itself is too unfavorable and is not our problem.

Apart from these unchangeable factors, we stayed up for several long nights to dig out these defensible points. Looking back, we couldn't find any faults. In the end, the sentence was indefinitely commuted to five years. This record is impressive enough.

Are you not much different from us?Are you really afraid that the wind will flash your tongue? "

"Lawyer, are you really going to take over this case, or are you going to fight it from these aspects?"

Duan Yiping also felt a little unhappy. Although the lawyers in our firm have paved the way, if you still take this road, it will be too easy to earn legal fees, right?
"Is the party concerned now sure to apply for retrial?"

Ren Zhen didn't answer in a hurry.

"Yes." Duan Yiping nodded: "The client resolutely appealed and came to us and said that he had to be found not guilty. We really couldn't handle this job, so the director asked Professor Chen for help."

We can't take it, and if you don't fight and are not guilty, then you can't take it either.

For a case that none of us can handle, even if Chen Guangming takes over in person, it may not change anything, right?

"How about it, are you sure you want to take it?"

Chen Guangming sat aside, gloating a little.

Although Ren Zhen had already said that he would accept it before, and even indicated that he might plead not guilty, he was still a little curious.

He doesn't have any effective new ideas now. Can Ren Zhen really have any idea?
"pick up!"

Ren Zhen leaned on the sofa and looked confident: "After listening to the defense ideas of Attorney Duan and Attorney Kong, I basically have a direction."

"Oh?"

Duan Yiping and Duan Yiping were a little suspicious: "Can you share it?"

Now they were really curious. Although there were only four defense lawyers in the first and second trials combined, almost all the criminal lawyers in their firm had helped with advice on this case. Now the sentence had been changed to five years. To be fair, they actually felt This is the best result.

Now someone actually said that he could fight better. Even if this person was introduced by Chen Guangming, they still didn't believe it.

"As I said just now, these points are all very interesting. Let's first review the court's interpretation of several controversial points."

Ren Zhen took out two pieces of paper from Kong Xiaotian's defense opinions and put aside the second-instance verdict.

Several pieces of paper were spread out on the table. Ren Zhen adjusted the order a few times and nodded with satisfaction.

"As for the secret theft, Lawyer Kong mentioned in his defense opinion that the Xu family completed the withdrawal under surveillance without tampering with the password or destroying the machine function. His behavior was public rather than secret to the bank.

According to our usual understanding of secret theft, this is no problem.

However, the general interpretation is only a commonly used interpretation in judicial practice, but it may not be the only one. The court believes that secret theft in criminal law does not lie in the place where the theft occurs, but in the perpetrator's use of non-violent coercion against the will of the property owner.

Although secret theft is usually presented as secret, it is not limited to objective theft of secrets.

Xu Jiaxian's behavior eliminated the bank's control of more than [-] yuan in property and established a new control relationship. His method was to exploit the loopholes in the bank system and was a secret theft.

This kind of reasoning method is very common in schools and legal journals, but when it is used in judgments, it does not look like the handwriting of a court. "

Chen Guangming deeply agrees. He has the most say and the most intuitive feelings in this regard.

The explanation of the four words "secret theft" obviously came from the hands of those legal experts.

Although it is somewhat different from previous judicial habits and even a little brief, it is logically close and gets to the point.

I have to say that some experts are indeed experts.

(End of this chapter)