Lawyer

Chapter 605 A Fragile Ideal

"The procuratorial organ lodged a protest with the Provincial People's Court on the grounds that 'the defendant Yang Rongwei's crime is extremely serious and should be sentenced to death and executed immediately.

The defendant accepted the sentence and did not appeal.

According to Lawyer Wang, the defendant’s family was really in a difficult situation. He had met the defendant’s father, and it was not easy for the old man to see him on crutches. The defendant’s wife never returned home after hearing that the defendant’s death sentence was suspended. , I heard that they have filed for divorce. "Zhou Ying replied with a serious face.

"Have you softened your heart?" Fang Yi looked at Zhou Ying expressionlessly.

"Well. Accidents one after another have ruined a family and the defendant's life. In this whole life...what the hell are you planning?!" Zhou Ying nodded and said.

It was obvious that she was not in a good mood.

"I'll look at the file first, come over an hour before get off work." Fang Yi said after looking at the time.

……

At around five o'clock in the afternoon, Zhou Ying came to Fang Yi's office.

"What do you think of this case?" Fang Yi took a sip of tea and looked at Zhou Ying who was sitting opposite with a serious face.

"From a legal point of view, I think the court's sentence may be a bit light.

But from the perspective of an ordinary person, I feel a little sympathetic to the defendant. The defendant was locked up in a detention center because of a crime, and his wife ran away.The old father was on crutches, and he didn't even have money for medicine in his pocket.The defendant was overwhelmed by poverty, and the last straw that crushed the defendant...was still money.

Some people spend tens of thousands or hundreds of thousands for a meal, while some people work hard for a year, but they can't even get a wife.This case turned my perception of life upside down. "Zhou Ying's face is a little dignified.

"Let me give you a suggestion." Fang Yi stared into her eyes and said seriously.

"What?" Zhou Ying asked curiously.

"After finishing this case, you should follow Lao Huang to do the company's business. I'm afraid you won't be able to do it for long." Fang Yi leaned back on the chair, took out a red plum from the cigarette case on the table, and put it in the He sniffed under his nose and said.

"I can, it's just..." Zhou Ying adjusted after hearing the words, and said.There was some hesitation in her eyes.

"It's just emotionally entangled, isn't it?" Fang Yi smiled, and then said: "You have been a lawyer for too short a time, and you are not mentally ready to accept the positive and negative effects of this profession. It may take a few years It will be better to do similar cases again.”

Zhou Ying didn't speak, she looked at the file on the table, bit her lip and nodded.

She did not deny that what Fang Yi said was correct. She followed Fang Yi in criminal cases before, beat him up, and contacted the public prosecutor. Awesome!
But now that she is practicing alone, when she faces a case alone, she is under a lot of psychological pressure. She is afraid of ruining the case, fearing that she will make a mistake in the trial and be reprimanded by the judge.

"If you come, you will be safe. Remember that you are not a savior, just do your best! Relax your mind."

After finishing speaking, Fang Yi continued to encourage her: "People have to learn to grow up by themselves, maybe they will be sad and cry, maybe they will doubt their choices and abilities, but one day when you stand on a branch, you can face the bitter cold alone. When it's windy, you feel like it's all worth it, good or bad.

It is important to remember that our work is not just to make money!And the fragile ideal at the beginning! "

"You see, why are you so emotional and so sad. Then, let me explain my understanding, and you will check it out." Zhou Ying adjusted her mood, stretched out her hand and rubbed her eyes and said.

"Say, it's non-toxic!" Fang Yi half-jokingly said.

"Good guy, stop being sensational, and change the subtitle again." Zhou Ying chuckled, and the atmosphere in the room suddenly relaxed a lot.

"I looked up the "Criminal Law". Article 260 stipulates that whoever robs public or private property by violence, coercion or other means, and who falls under any of the following eight circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and shall also be fined or confiscate property:
[-]. Household robbery; [-]. Robbery on public transportation; [-]. Robbery of banks or other financial institutions; [-]. Repeated robbery or robbery involving huge amounts; ([-]) robbing with guns; ([-]) robbing military supplies or emergency, disaster relief, and relief supplies.

Among the above eight situations of aggravated punishment, there are both aggravated circumstances and aggravated consequences.As long as the defendant's behavior has one or more of the above eight situations, it is enough to constitute the crime of robbery with aggravated circumstances or aggravated consequences, and should be sentenced within the statutory range of fixed-term imprisonment of more than ten years, life imprisonment or death penalty.

In this case, the defendant Yang Rongwei robbed the house and caused serious injury to the victim, which belongs to the crime of robbery with aggravated circumstances and aggravated consequences. At the same time, he has two of the above eight aggravated punishments. The crime is extremely serious. I think the death penalty should be imposed and executed immediately. , the Procuratorate's protest is justified. "Zhou Ying opened the laptop and said while looking at it.

"Well, first of all, your analysis is reasonable. But I don't think there is any problem with the judgment of the court of first instance.

Paragraph 40 of Article [-] of No.[-] of the "Criminal Law" stipulates that the death penalty is only applicable to criminals who have committed extremely serious crimes.The so-called 'extremely serious crime', I understand that firstly, the defendant's subjective viciousness is too deep to be rehabilitated or difficult to rehabilitate; secondly, the defendant's behavior has caused extremely serious damage to the country, society and the people.

For a defendant who should be sentenced to death, if the immediate execution is not necessary, the death sentence may be imposed and a two-year suspension of execution may be announced at the same time.This reflects our country's consistent criminal policy of neither abolishing the death penalty nor strictly restricting the application of the death penalty.

Therefore, in judicial practice, "extremely serious crimes" as a condition for the application of the death penalty are generally strictly controlled.

In addition, the "Criminal Law" specifically stipulates that the conditions for the death penalty for the crime of robbery are eight situations, but it does not mean that the crime of robbery that meets these eight situations must be sentenced to death.

The "death penalty" is only a penalty that is paralleled with "life imprisonment" and "fixed-term imprisonment of more than ten years", for the court to choose and apply.Whether the death penalty is ultimately applied depends on a comprehensive analysis of the defendant's criminal motives, purposes, means, etc., and also depends on whether the criminal's behavior and circumstances in the robbery crime have reached the level of extremely serious crimes.

In this case, the defendant Yang Rongwei not only entered the house to rob, but also caused the serious consequences of the victim's serious injury. The heavy penalty clause for the crime of robbery should be applied to him is completely in line with the law.

Because of Yang Rongwei's cruel crime methods, bad circumstances, and serious consequences, and considering the current public security situation, it is very necessary to severely punish robbery crimes, especially robbery crimes with bad circumstances, so the first-instance judgment applies the death penalty to Yang Rongwei, with a two-year reprieve , is appropriate. "Fang Yi explained.

(End of this chapter)