Lawyer's character

"The appellee Yuan Wei can defend himself." the presiding judge said.

"I agree with the first instance verdict." After all, Yuan Wei had never experienced anything like this, and his mind went blank when he was taken to court.

"Now the defender of the appellee Yuan Wei will speak." the presiding judge said.

"The defender believes that the law was applied correctly in the first instance and the sentence was appropriate. The reasons are as follows:

The appellee Yuan Wei reached a compensation agreement with the victim through close relatives and obtained the victim's understanding, so he could be given a lighter punishment.

Article 505 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" stipulates: 'For cases in which a settlement agreement has been reached, the People's Court shall impose a lighter punishment on the defendant; , a non-imprisonment penalty should be applied; if the statutory minimum penalty is still too severe, the penalty can be reduced; if the crime is considered to be minor and does not require a penalty based on the entire case, criminal punishment can be exempted. ’

The above clause only provides for the handling of 'cases in which a settlement agreement has been reached', and clearly requires immediate performance. Therefore, we believe that the appellee and the victim in this case have reached a settlement agreement. Although it was not immediately performed, it does not prevent the application of the provisions of "Procedural Procedures for Public Prosecutions for Reconciliation between the Parties", that is, Article 505 of the above explanation can be applied. .

In addition, according to the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud", those who defraud public or private property worth 30,000 yuan to more than 100,000 yuan shall be deemed to be under Article 266 of the Criminal Law. "huge amount" as stipulated in Article 1. Yuan Wei committed fraud of less than 100,000 yuan.

In the absence of relevant provisions on the amount by the relevant judicial organs of this province, in favor of the appellee Yuan Wei, the amount of fraud in this case should be determined to be relatively large, and he should be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance according to law, and A fine may or may not be imposed. Therefore, the sentence of one year and six months in the first instance judgment was appropriate and there was no error.

complete. "Fang Yi said.

Although he himself does not agree with the installment performance of the settlement agreement, in reality some courts do recognize this. Based on the principle of maximizing the interests of the parties, Fang Yi also wrote this point of view above.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

"In response to the defender's defense, we believe that the "Interpretation of the Supreme People's Court on the Application of (Criminal Procedure Law of the People's Republic of China)" is only an explanation of criminal procedure. Procedural law cannot be used to directly replace criminal law. The application of commutation should be punished Approved by the Supreme People's Court.

In addition, although this province does not have special regulations on defrauding public or private finances, according to the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud", the value of defrauding public or private property can range from 30,000 yuan to 100,000 yuan. Adjust between yuan to determine the minimum amount. Based on the circumstances of this case, we believe that it is not appropriate to adjust the minimum amount to NT$100,000.

From the perspective of punishing crimes, the amount defrauded by the above-mentioned people should be considered a huge amount and should not be considered a relatively large amount. complete. "The male prosecutor said.

“The defender can respond to the prosecutor’s opinions,” the presiding judge said.

At this time, the presiding judge makes people feel a bit like sitting on a mountain and watching a tiger fight. This is actually the case during the debate stage. During the debate between the two parties, the judge will refer to the debate situation of both parties and analyze and judge the reasons for the appeal based on the entire case.

“In response to the prosecutor’s statement, the defender’s opinions are as follows:

1. The establishment of the criminal reconciliation system in the Criminal Procedure Law embeds substantive norms in the procedural law. Therefore, although the Criminal Procedure Law is a procedural law, its provisions on the criminal reconciliation system have substantive significance.

Article 279 of the Criminal Procedure Law clearly stipulates that for cases in which a settlement agreement has been reached, the People's Court may impose lenient penalties on the defendant in accordance with the law. The meaning of lenient punishment can be reflected in lightness, reduction, or exemption from punishment.

Article 505 of the "Interpretation of the Supreme People's Court on the Application of (Criminal Procedure Law of the People's Republic of China)" is the concrete implementation of this provision. Therefore, for criminal reconciliation cases that comply with the provisions of Article 279, The People's Court can directly decide to reduce the punishment or even exempt the person from punishment, without having to submit it to the Supreme People's Court for approval according to the sentencing procedures below the statutory penalty.

2. The Higher People's Court and the Provincial People's Procuratorate of this province have not yet formally determined the specific amount standards applicable in this region within the sentencing amount range specified in the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud".

In line with the principle of favoring the appellee, while referring to the sentencing amounts stipulated in other provinces and the experience of previous cases in this province, and taking the upper limit of the sentencing amount range determined by the judicial interpretation as the standard, it is determined that the amount of the fraud crime is more than 100,000 yuan. The starting point is the most appropriate.

Therefore, it is more appropriate to identify the fraud amount of RMB 70,000 in this case as a "large amount". Accordingly, the court of first instance determined that the appellee Yuan Wei was guilty of fraud and it was appropriate to sentence him to one year and six months in prison. "

"The court debate is over. According to the provisions of Article 160 of the Criminal Procedure Law of the People's Republic of China, it is now up to the appellee to make the final statement." The presiding judge said.

…

The trial was finally over when the presiding judge banged his gavel, but the judge did not pronounce the verdict in court. Fang Yi breathed a sigh of relief and began to pack away the case files on the table. I took out my phone and looked at it. It was already 2:50 pm.

During the court session, he was always in a state of excitement, highly focused, and his brain kept running. As soon as I relaxed, my whole body felt weak and my stomach growled non-stop.

Walking out of the court, Yuan Changzheng asked: "Lawyer Fang, what do you think of today's court hearing? My son's case..."

"The trial went well. It won't take long for the court to issue a verdict. Please wait for my news." Fang Yi said after slinging his shoulders and taking a big gulp of mineral water.

"Okay, then I'll wait for your news." After Yuan Changzheng finished speaking, he took his family into a Mercedes-Benz on the roadside and left.

Fang Yi glanced at Yuan Wei's mother, Yang Jing, who was being helped into the car, and thought to himself: It's the mother's fault if she didn't raise her or educate her. If she had known, why would she have done it in the first place? When she was young, she took care of her children. As for when she grows up, she will go to jail.

Out of interest, Fang Yi once made statistics on the causes of crime when he was studying for his doctorate. It should be said that the defendant's family environment is the key factor.

Yuan Wei was pampered by his mother since he was a child, which fostered his character of being wanton and unscrupulous in order to achieve his goals. In addition, the people he came into contact with as an adult were all immoral masters. It can be said that for his imprisonment, his His parents played a major role, and his friends only added fuel to the flames.