Chapter 573 Embarrassing!

Author: Xueying Hongmei

When asked by Fang Yi, Lawyer Zhao felt a little embarrassed and told the truth. It turned out that Lawyer Gao had accepted a criminal case and had been discussing it with him for a long time. As a result, the more disagreements he had, the more disagreements he had. He wanted to ask Fang Yi for advice.

Fang Yi was happy when he heard this and told him that colleagues should not be so polite when discussing cases. However, Lawyer Zhao felt uncomfortable always asking Fang Yi for help.

In the afternoon, Lawyer Zhao and Lawyer Gao from Hua Liancheng's team came to Fang Yi's office with case file materials.

"Lawyer Fang, here are the case materials. Look at it and I will briefly introduce the case.

The two defendants are both from other provinces. One is Deng Zigen, who was sentenced to two years in prison for robbery, and the other is Diao Junping, who has no criminal record. I defended Deng Zigen, and lawyer Zhao defended Diao Junping.

In mid-September last year, the defendants Deng Zigen and Diao Junping conspired to rob the city. After some planning, the two of them bought sharp knives, ropes, rubber gloves, maps of the city, etc. in the store.

After the two of them came to the city, they looked for a target and finally focused on taxis.

At around six o'clock in the evening, Deng Zigen and Diao Junping were at the train station, claiming to be visiting relatives in the county below. They negotiated a taxi for 200 yuan and planned to rob the taxi driver in a secluded area.

From the time the taxi left the city until it reached the county below, Deng Zigen and Diao Junping never found a suitable opportunity to take action.

Then the two of them asked the driver to take them to Linxian County for 100 yuan on the grounds that their relatives were not at home. The roads in the county were not easy to drive, and it had just rained. They were full of potholes and the taxis were swaying around.

The taxi driver accidentally saw through the rearview mirror that Deng Zigen and Deng Zigen, who were sitting in the back seat, looked strangely in their eyes. They often muttered in a low voice, and he suddenly became alert.

At this moment, the taxi lurched violently, and with a "dang" sound, the knife on Deng Zigen's body fell to his feet.

The driver was shocked, and so were Deng Zigen and the other two. The expressions of the three people in the car instantly froze, they were embarrassed!

It happened that there was a police station in front of him. The driver suddenly stepped on the accelerator and rushed into the police station. When the policeman on duty saw a car driving in, he immediately ran out to take a look.

At this moment, the taxi driver slammed on the brakes, and Deng Zigen and Diao Junping, who were sitting in the back seat, hit the backs of the seats in front of them. The taxi driver hurriedly opened the door and jumped out of the car, shouting "robbery" at the police.

The policeman who ran out was stunned for a moment, then he suddenly came to his senses and rushed forward with the assisting police officers to control Deng Zigen and Diao Junping in the car.

Later, the police found sharp knives, gloves, ropes and other crime tools from Deng Zigen and Diao Junping. At first, they refused to admit it and said they were going to a relative's house.

The police asked them to report the names and addresses of their relatives, but they couldn't tell. They finally admitted that they planned to rob the taxi, but because they were timid, they never found a suitable opportunity, so they never succeeded.

The County Procuratorate believed that the defendants Deng Zigen and Diao Junping attempted to rob a taxi driven by others with violence for the purpose of illegal possession, and prepared tools and created conditions for this purpose. Their behavior constituted the crime of robbery. Subsequently, the Procuratorate transferred the two defendants to

We arrived at the court. Before the Chinese New Year, the court notified us that the court would open on the 16th day of the first lunar month." Lawyer Gao said.

"The defendant in this case, Deng Zigen, is the cousin of my college classmate. He approached me after New Year's Day and asked me to help represent him in this case.

We are all old classmates, and I couldn't ignore it, so I took the case. Later, Lawyer Zhao and I discussed the case, and we had quite different differences, so I thought about asking you for advice." Lawyer Gao looked at Fang Yi, who was looking through the case file.

, explained.

"What do you think?" After a moment, Fang Yi looked up at Lawyer Zhao and Lawyer Gao sitting opposite.

"This is what I think. Although the two defendants in this case committed robbery, the crime was suspended because after the taxi driver drove the car into the police station, the two voluntarily gave up the robbery.

According to the provisions of Paragraph 2 of Article 24 of the Criminal Law, if no damage is caused to a suspended offender, the punishment shall be exempted; if damage is caused, the punishment shall be reduced. Therefore, although the two defendants constituted the crime of robbery, they did not cause any

Damage should be exempted from punishment." Lawyer Gao said.

"I don't agree with lawyer Gao's opinion. I think the two defendants in this case constituted robbery, but it was preparation for a crime. The reasons are:

The first and second defendants had already made a robbery plan before getting into the taxi, so subjectively the defendant rented the taxi for the purpose of robbery, which had the purpose of committing a crime.

2. The second defendant objectively prepared sharp knives, ropes and other crime tools, and carried out the act of preparing tools or creating conditions.

Third, the second defendant did not give up voluntarily, but when he continued to look for an opportunity to start, he was noticed by the taxi driver, the taxi rushed into the police station, and the driver called the police, which prevented the second defendant from committing the crime of robbery."

Lawyer Zhao said.

"Lawyer Fang, what do you think?" Lawyer Gao asked.

"I will give you my opinion for your reference.

First of all, I agree with lawyer Zhao’s opinion. In addition to the two reasons mentioned by lawyer Zhao just now, there are also the following two reasons:

First, the defendant has not yet begun to commit the crime, so it should be considered a crime preparation. As far as the crime of robbery is concerned, I believe that only when the perpetrator has carried out violence, threats and other means to demand money can the crime be regarded as "starting".

Second, in this case, the defendant's failure to commit the crime was due to reasons beyond the will of the perpetrator and was not voluntary. This is the fundamental difference between crime preparation and crime cessation in the preparatory stage.

Crime cessation means that during the crime process, the perpetrator voluntarily gives up the criminal act or voluntarily gives up the crime when he can start committing the crime.

Regardless of the above situation, the perpetrator must give up subjectively and voluntarily, rather than being forced to give up due to external reasons.

In this case, the defendants jointly planned to rob the taxi, prepared knives, ropes and other crime tools, selected the robbery target, and lured the taxi to the predetermined location. However, all this was in preparation for the robbery and had not yet begun.

To commit a robbery crime, the taxi driver does not know that they are about to commit a robbery.

The two defendants did not commit the robbery not because they had conscience and voluntarily gave up the crime, but because the time was not mature enough. Later, because the taxi driver was alert and reported the crime, the defendants were forced to stop preparing for the crime.

stage." Fang Yi said.

“According to the provisions of Article 22 of the Criminal Law, preparatory offenders may be given lighter punishments, reduced penalties or exempted from punishment compared with completed offenders.

In this case, the defendant did not cause any harm to the taxi driver, can he seek a reduction or exemption from punishment?" Lawyer Zhao asked.
Chapter completed!