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

Chapter 187 Judgment: One thought of greed

Any other possibilities?

Chang Jiahang thought for a while, and it seemed that this was really the case.

From the beginning, Ren Zhen never said that the Xu family was innocent. The reason why he chose to plead not guilty was more from the perspective of refuting the crime of theft.

Now think about it, even if Xu Jiaxian's behavior does not constitute the crime of theft, shouldn't he be punished?

This is also the issue that Ren Zhen was struggling with just now.

If it's not theft, then it's embezzlement?
It makes sense to explain it forcefully, but it doesn't feel right.

The law is so wonderful.

After getting off the plane, the two took a taxi to go back to the law firm.

After getting in the car, Chang Jiahang said "Huh" as soon as he opened his phone and made a few strokes.

"Ren Lu, look!"

His tone was a little excited.

Ren Zhen leaned over curiously, it couldn't have been sentenced, right?
It shouldn't be that fast, and even if the verdict is passed, the news will have to be received by oneself.

On the screen of Chang Jiahang's mobile phone, a line of bold black text was extremely eye-catching.

[Notice on soliciting opinions from the public on the "Interpretation of Legal Issues Applicable in Handling Criminal Cases concerning Wildlife Resources (Revised Draft for Comments)"]

Are we going to change the judicial interpretation?
Ren Zhen was stunned for a moment: "Do you really want to change it?"

When handling Guo Tiansong's case, he often thought that this judicial interpretation had not been revised for more than ten years and was long out of date!
Even during the court hearing, he also expressed doubts about the lag of this judicial interpretation. The judges' expressions seemed quite wonderful at that time.

I didn't expect that in just a few days, this matter would actually be put on the agenda.

"I think it's most likely because we handled that case."

Chang Jiahang took his phone back happily.

"How could it be because we were handling that case?"

Ren Zhen rolled his eyes, "Am I pale, or are you big? Don't take yourself too seriously, kid."

"Why is it impossible!"

Chang Jiahang retorted: "When I was doing case search, I noticed that in most similar cases, either they plead guilty and accept punishment in order to get a lighter sentence, or the court followed the judicial interpretation without saying a word and beat the innocent like we did. In the past two years, the combined total cannot exceed one hand!

Although there were many procedural flaws in Guo Tiansong's case, and the Public Prosecution Court finally withdrew the case, why did the Public Prosecution Court withdraw the case?Ren Lu, didn't you analyze it? It should be the court that gave its opinion.

So why did the court give such an opinion?There must be other reasons besides procedure.

If it is really re-identified, there must be a few parrots that can be identified. According to the judicial interpretation, Guo Tiansong will just give a lighter sentence, but the judge did not give a sentence, which shows that they also feel that they should not be sentenced! "

"You've seen things quite clearly this time."

Ren Zhen was a little surprised.

"That's not."

Chang Jiahang was a little proud: "Although our case is not big, in terms of wildlife, its significance is not small. In addition, this judicial interpretation is indeed too old. When put together, there may be a chemical reaction. "Whether it's because of us or not, it's a good thing that this judicial interpretation has changed."

Ren Zhen smiled, this news made him feel suddenly much better.

Look, although the law is imperfect and imperfect, it is getting better all the time!
After a long wait, Xu Jiaxian's verdict was finally released.

Without any notice, a postal courier was delivered directly to the law firm.

Regarding the previous content, Ren Zhen simply glanced at it and turned directly to the last two pages.

[Regarding the defender’s opinion that defendant Xu Jiaxian’s behavior did not constitute the crime of theft and that he should be acquitted, this court held that when Xu Jiaxian was withdrawing money normally, he found that the ATM was not working properly, that is, the machine could exceed the balance. After withdrawing money and failing to debit it truthfully, he withdrew money 173 times in the next few hours and then escaped with the money.

The method, frequency, and duration of the withdrawals all indicate that the Xu family took advantage of the abnormality in the ATM system and believed that bank staff would not discover it in time to illegally obtain bank funds, which is essentially different from the normal and legal withdrawal behavior of depositors. .

Xu Jiaxian objectively carried out the act of secret theft, and subjectively had the intention to illegally possess bank funds. His behavior conformed to the subjective and objective characteristics of the crime of theft and constituted the crime of theft.

The defender's opinion that Xu Jiaxian's behavior did not constitute the crime of theft and that Xu Jiaxian should be acquitted cannot be established.

This court held that the defendant Xu Jiaxian used secret means to steal bank money for the purpose of illegal possession, which constituted the crime of theft. The total amount stolen was 173822.74 yuan.

The facts of the public prosecution's accusation of Xu Jiaxian's crime are clear, the evidence is reliable and sufficient, and the charges are established.

In prison, Xu Jiaxian had criminal intent after discovering that the automatic teller machine was malfunctioning, and his method of stealing money from financial institutions using cards was different from the usual crimes of stealing money from financial institutions. Xu Jiaxian's subjective malignancy was relatively minor. Based on the circumstances and the defendant's harm to society, Xu Jiaxian was sentenced to a penalty below the statutory penalty.

In accordance with Article 264 of my country’s Criminal Law and relevant provisions of judicial interpretations, the verdict is as follows:

[-]. The defendant Xu Jiaxian committed the crime of theft and was sentenced to two years in prison, suspended for three years, and fined [-] yuan.

173822.74. The defendant Xu Jiaxian’s criminal proceeds of [-] yuan shall be recovered and returned to the victim unit.

If you do not accept this judgment]

"After all, he was sentenced to theft."

Seeing this, Ren Zhen sighed.

This judgment can be said to be very detailed, except for the argument in the withdrawal and taking parts of his defense opinion, which is vague and does not have much writing. It seems that the judge was also very entangled when writing this judgment, right?
However, it is expected that there are some difficulties that are indeed difficult to fully explain based on existing theories.

At least the sentence has been changed again, and the Xu family will receive a lighter sentence. This result is still acceptable.

"Hey, why is there more behind you?"

Chang Jiahang followed to the end and found that there was another page after the verdict.

Ren Zhen turned to the last page.

[Final note:

Looking at the entire process of the defendant's illegal behavior in this case, we believe that the basic motivation of the defendant's criminal intent lies in greed.

Everyone has desires, eyes, ears, nose, tongue, body and mind. People have desires when they have perception. Therefore, desire is human nature. It comes from genes and heredity and cannot be changed, so it is normal.Desire itself is also beneficial to mankind. Without desire, mankind might have become extinct long ago.At the same time, as human beings in society, desires must be controlled and must be controlled within reasonable limits. 】

Chang Jiahang was dumbfounded.

Is this also part of the verdict?

(End of this chapter)