Chapter 574: When a Man Is a Mother, There Is Nothing Wrong with Women at All

“This is not necessarily the case, it depends on the degree of social harm caused by the preparation of the crime.

In this case, the two defendants planned to rob the taxi, and in order to control the victim, the defendants prepared sharp knives, ropes and other crime tools.

In order to familiarize themselves with the local environment, they also bought maps and deliberately committed the robbery at night in a remote place, using high taxi fares as bait. Once the robbery was committed, the consequences would be quite serious.

Objectively speaking, the defendant's criminal preparatory behavior is still very harmful to society. Therefore, although it is a crime preparation, the probability of being sentenced to fixed-term imprisonment is very high. "Fang Yi said.

"Lawyer Fang, you said that the defendant was planning to commit a crime in a taxi. Does that qualify as 'committing a crime on public transportation' and he will be sentenced to more than ten years in prison?" Lawyer Zhao asked.

"Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases" (Fa Interpretation [2000] No. 35) promulgated by the Supreme Court stipulates that "in public" as stipulated in Item (2) of Article 263 of the Criminal Law Robbery on means of transportation' includes robberies against passengers, drivers, and flight attendants on various buses, large and medium-sized taxis, trains, ships, airplanes and other operating motorized public transportation vehicles engaged in passenger transportation. , also includes the robbery of people on public transportation after intercepting motorized public transportation in transit.

According to the above-mentioned judicial interpretation, mini taxis are not "public transportation", so the defendant in this case does not constitute a statutory circumstance that should be sentenced to more than ten years of fixed-term imprisonment, life imprisonment, or the death penalty in the crime of robbery. "Fang Yi said.

Zhao and Gao were hesitant to believe Fang Yi's words, but based on Fang Yi's past professional abilities, they finally chose to believe Fang Yi after discussion.

Facts have proved that Fang Yi's words are right.

After trial, the county court held that the defendants Deng Zigen and Diao Junping attempted to rob a taxi driven by others by violent means for the purpose of illegal possession, and prepared tools and created conditions for this purpose. Their behavior constituted the crime of robbery. When preparing to commit robbery, failing to succeed due to reasons other than will is considered criminal preparation and may be given a lighter punishment according to law.

In the joint crime, the defendant Deng Zigen played a major role and was the principal offender, and had a criminal record, so he should be severely punished; the defendant Diao Junping played a minor role and was an accessory, so he should be given a lighter punishment. Final verdict:

1. The defendant Deng Zigen was convicted of robbery (preparatory) and was sentenced to four years in prison and fined RMB 2,000;

2. The defendant Diao Junping was convicted of robbery (preparatory) and was sentenced to two years in prison and fined RMB 1,000.

The court's reasoning was actually very different from what Fang Yi said. Zhao and Gao admired Fang Yi's professionalism. Of course, this is all for later.

There were not many cases just after the New Year, so Fang Yi had a few days of free time. In addition to reviewing cases every day, he also chatted with Huang Yuanchao and others.

On this day, Fang Yi was arranging a dragon gate formation with Huang Yuanchao and others in Wan Kefa's office when he suddenly received a message that a client had appointed him to handle a criminal case.

Fang Yi got up and returned to the office. After a while, the paralegal sent him the case file. It was a poisoning case. Not two minutes after the paralegal left, Zhou Ying ran over.

"Lawyer Fang, I heard that someone appointed you to handle the case. Take me with you!" Zhou Ying chuckled and placed a box of chocolates in front of Fang Yi.

"Hey, have you learned how to give gifts?" Fang Yi glanced at the chocolate and said with a smile.

"What do you mean, what is giving gifts? Lawyer Huang is my nominal master, and you are the master who leads me to handle cases. How can a disciple's filial piety to his master be called giving gifts? Do you think this is true?" Zhou Ying was unhappy upon hearing this. retorted.

"You are getting more and more talkative. Here is the case file. You should make an appointment with the parties first." Fang Yi handed the case file in his hand to Zhou Ying.

"Yes! I'll let you know when I've made an appointment." After Zhou Ying took the case file, she ran out of the office like a gust of wind.

After lunch, Fang Yigang wanted to relax on the sofa for a while. Ma Yi walked in and sat down on the sofa opposite.

"Why haven't you seen your Mei Xiaoting in the past two days?" Fang Yi asked Ma Yi as he threw a cigarette.

"Hey! I went to other provinces with my team after the Chinese New Year. I have a merger and acquisition project." Ma Yi took the cigarette listlessly and glanced at it: "Brother, can you have a cigar? Don't be red plums every day. You have to enjoy life, not yourself. Looking for trouble."

"It's good to give you a cigarette. The few cigars I kept at home were your fault last time, but you still have the nerve to mention cigars to me." Fang Yi said angrily.

"Stingy! I'll give you a box of authentic Cuban cigars in a few days." Ma Yi took the lighter, lit the cigarette and said.

After hearing this, Fang Yi stretched out two fingers at him.

"What do you mean? Scissor hands!" Ma Yi also extended two fingers and cooperated.

"Fuck you! You've told me this no less than twenty times, and I've remembered it all for you. The Spring Festival is over, and I haven't seen your Cuban cigars yet." Fang Yi rolled his eyes at him.

"Look at you, why are you still remembering this? It's so nerve-wracking! Your brain is used to remember professional knowledge, how can you waste it on this!" Ma Yi said with a smile.

"Stop talking nonsense... Hey, how did you get that face? Did you fail to do ideological work for the female client and was scratched by the old ladies?" Fang Yi said while suppressing a smile.

There were two blood marks on Ma Yi's left cheek. They were shallow and probably just broken skin.

"Don't talk nonsense. I wasn't scratched by an old woman...a fellow woman. I was scratched by a man, a very sissy man.

There was a divorce case going to trial this morning. I represented the plaintiff, the woman, and the defendant was a fat man weighing more than 200 pounds. During the trial, the defendant suddenly started crying. He was crying like a pear blossom with rain...no...he was crying. , the judge was upset when he cried, and I sympathized with the plaintiff when he cried.

Later, when the trial was over and I was signing the transcript, the fat man from the defendant suddenly rushed over in hysterics and swung his claws at me. Thanks to my quickness in hiding, I only managed to hit a little bit, otherwise I would have to break up. "Ma Yidao.

"What happened next?" Fang Yi asked.

"Later, the defendant was taken away by four bailiffs. I have learned that if a man is a woman, it will have nothing to do with the woman." Ma Yi said matter-of-factly.

At ten o'clock the next morning, Fang Yi asked Zhou Ying's client in the poisoning case to come to the law firm.

In the conference room, a middle-aged man sat opposite Fang Yi and Zhou Ying, looking at Fang Yi with a sad face. His name is Nie Shengwei, and he is the brother of the defendant Nie Shengping.

"Mr. Nie, your sister Nie Shengping's case has already reached the court and is about to begin. Why do you think of hiring a lawyer now?" Fang Yi asked a puzzled question.