Lawyer

Chapter 641
Chapter 691 The belongings belong to the family, can it be regarded as robbery?

"According to Article 20 of No. [-] of the Criminal Law, whoever instigates others to commit a crime shall be punished according to his role in the joint crime. Crime handling.

In this case, the defendant Song Dachun not only instigated the defendant Yan Shaoxing to find someone to intentionally injure She Qingyun, but also instigated Yan Shaoxing to take away the property brought back by She Qingyun.

Song Dachun's original intention was to use the latter act of robbing property to cover up the previous purpose of intentional injury, and use the stolen property as the reward for Yan Shaoxing and the two who committed intentional injury against She Qingyun, and at the same time create false images to confuse the public and avoid She Qingyun's suspicion own purpose.

Judging from the composition of the crime, after Yan Shaoxing and his wife broke into the house with a knife, they first committed the act of robbing property, and after the robbery was completed, they injured the victim. It can be seen that the intentional injury occurred after the robbery, that is to say, Yan Shaoxing and his wife did not harm the victim in order to subdue the victim to carry out robbery, so the subsequent acts of harm are independent crimes and are not aggravating circumstances of robbery.

As far as Song Dachun is concerned, objectively, he actually instigated others to rob (telling Yan Shaoxing and Yan Shaoxing that the property brought back by the victim will belong to the two after the matter is completed), and subjectively, he also has the intention to instigate others to rob, which is in line with the abettor of robbery. Constituent elements, therefore, he constituted the crime of robbery (abettor).

In addition, Song Dachun instigated Yan Shaoxing and Yan Shaoxing to rob his wife in his home, and the defendants Yan Shaoxing and Zhou Deming actually went to Song Dachun's home to carry out the robbery. Therefore, the actions of the three defendants belonged to "household robbery", which has aggravated punishment , shall be sentenced in accordance with Article 260 ([-]) of the Criminal Law. "Fang Yi expressed his thoughts.

"Well, I understand. To put it this way, the three defendants in this case should constitute the crime of robbery and intentional injury, and they should be punished for several crimes.

I have another question. Song Dachun and She Qingyun are husband and wife. When the crime happened, their marriage was not dissolved.Then the money She Qingyun earns from part-time work should belong to the joint property of the husband and wife. If Song Dachun constitutes a crime of robbery, will the court have to have an explanation for the amount of robbery when convicting and sentencing? "Zhou Ying asked after thinking about it after clattering on the keyboard.

"Well, yes, I have learned to think independently, this case is indeed a bit special.

The defendant in this case, Song Dachun, and the victim, She Qingyun, were husband and wife, and their marriage had not been dissolved as of the time of the case.

According to the provisions of the "Marriage Law", the property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife.Therefore, the property robbed in this case should belong to the joint property of Song Dachun and his wife..." Fang Yi nodded.

"Lawyer Fang, I suddenly remembered a question.

You said that Song Dachun instigated others to rob his husband and wife's joint property. If Song Dachun was convicted of robbery, would there be any problem with the subject of the crime?The property belongs to the family, can it be regarded as robbery?

After all, the "Criminal Law" stipulates that the object of the crime of robbery can only be the property owned by the state, collective or others, not including self-owned property. " Zhou Ying asked suddenly.

Fang Yi thought for a while, then smiled and said: "According to the provisions of the "Marriage Law", neither spouse has the right to occupy or dispose of the joint property of the husband and wife without the consent of the other party, otherwise it constitutes a tort. property, may constitute a crime.

The defendant in this case, Song Dachun, instigated others to rob his husband and wife's common property, and used She Qingyun's property robbed by Yan Shaoxing and Zhou Deming as a reward for committing the crime of instigation (intentional injury).

In this case, Song Dachun's behavior is not a tort of one spouse's unauthorized possession and disposal of the joint property of the husband and wife, but a criminal offense of illegal possession of other people's property.

Although Song Dachun instigated others to rob the common property of their husband and wife, this did not affect the confirmation of the nature of the defendant Song Dachun's behavior, which constituted the crime of robbery (abetting).

Therefore, if the husband instigates others to rob the common property of himself and his wife, the husband can become the subject of the crime of robbery, which is not inconsistent with the content of the crime of robbery stipulated in the Criminal Law.However, the husband-wife relationship between Song Dachun and the victim will affect the court's determination of the specific amount of robbery in this case.

In addition, according to Article [-] of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Snatching", if the property of a family member or close relative is obtained by means of violence or coercion for personal use, it is generally not charged with the crime of robbery. Convicted and punished, if it constitutes other crimes, it shall be dealt with in accordance with the relevant provisions of the Criminal Law; those who instigate or cooperate with others to rob family members or close relatives by means of violence or coercion may be convicted and punished for the crime of robbery.

In this case, when the defendant Song Dachun learned that his wife, She Qingyun, was going to divorce her, he instigated others to intentionally hurt his wife, and at the same time instigated others to rob his wife of the property brought back, and used the robbed property as the instigated person to commit intentional crimes. The reward for the harmful behavior, its social harmfulness and subjective viciousness, are sufficient to reach the level of conviction and punishment in accordance with the "Criminal Law".

According to Article [-] of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Snatching, Song Dachun's behavior should constitute the crime of robbery. "

"Well, I understand. It seems that the only defensible point in this legal aid case is the amount of robbery. The other things are of little significance." Zhou Ying said to herself.

"Don't say that, I'm just telling you my opinion, my opinion does not represent the judge's opinion, don't be influenced by my opinion.

As a lawyer, it is important to listen to other people's opinions and take a look at the case, but you must have your own ideas and independent thinking. Every criminal case has its particularity.Otherwise, you will have a dependent mentality and it will be difficult to practice independently in the future. "Fang Yi said with a smile.

"Thank you, Lawyer Fang. But I think what you said is very reasonable. I don't know about others. Anyway, I admire you the most." Zhou Ying said with a playful smile.

"Actually, I am convinced by Lawyer Fang..." Wu Qinghui, who had been listening to the scriptures, also expressed his opinion in order to prove that he was the third person in the room who could breathe.

"You're everywhere, go." Zhou Ying turned her head and glared at him, and said bluntly.

"Look at you, you're always so polite when you talk to me..." Thanks to Wu Qinghui's big face, otherwise Zhou Ying would definitely not be able to get off the stage if he was so scolded by Zhou Ying.

　The first chapter will be released, and the next few chapters are being hand-written, please wait a moment!
　　
　
(End of this chapter)