Lawyer's character

"Well, according to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws on Surrender and Meritorious Service", the automatic surrender of criminal suspects includes three situations: 1. The criminal suspect voluntarily surrenders; 2. The criminal suspect surrenders to relatives and friends Third, be sent to surrender by relatives and friends." Fang Yi said.

"Lawyer Fang, according to you, my son should belong to the second type and surrendered under the persuasion of relatives and friends." Geng Kunshan said.

"Listen to me. The first situation is when the criminal suspect goes to the public security bureau to surrender himself, which is easier to understand. The third situation is when relatives and friends send the criminal suspect to surrender to the public security bureau, which is easier to distinguish. The key is The second situation.

In the second case, the criminal suspect must have actually surrendered, or has been preparing to surrender, or is on the way to surrender.

If the criminal suspect only expresses his intention to surrender but does not actually surrender or cannot prove that he is ready to surrender, it cannot be deemed as surrendering.

In this case, your son Geng Di fled to his uncle's house after the incident. Under questioning by his uncle, he told the story of the murder and agreed to surrender under his uncle's persuasion. This only shows that he intends to surrender.

Later, his uncle was worried that Geng Di would regret it, so he secretly reported the crime, and the public security organs arrested Geng Di and brought him to justice.

Although your son Geng Di expressed his intention to surrender, he did not go directly to the public security organ to surrender, nor did he entrust his uncle to surrender on his behalf. His uncle did not send him to surrender after reporting the crime. In other words, Geng Di did not surrender. , so according to the provisions of the law, Geng Di’s behavior cannot be regarded as surrender. "Fang Yi explained.

"Ah?! So my son must be sentenced to death?" Geng Kunshan panicked.

“That’s not necessarily the case.

Although there was a risk that Geng Di's behavior would not be considered a surrender, Geng Di's uncle Geng Kunshui actively persuaded Geng Di to surrender and took the initiative to report the crime. Geng Di was able to truthfully confess the facts of the crime after he was brought to justice.

I think it is impossible for the Provincial High Court to ignore this when judging the case. It is very likely that the provincial high court will give a lighter punishment and maintain the original judgment. Because only in this way can the relatives of criminals actively cooperate and achieve better social results. "Fang Yi said.

"Oh, let's put it this way, my son still has a chance to survive!" Geng Kunshan felt a little more at ease.

"But this case is really difficult to handle. The facts of the case are very clear. There are still risks. I can't give you any guarantee." Fang Yi said.

"Yes, I understand! Anyway, the procuratorate has already protested. I definitely can't let my son wait for death. Even if there is a glimmer of hope, I will try." Geng Kunshan nodded.

After sending Geng Kunshan away, Fang Yi took Zhou Ying to the detention center and court for a busy period in the next few days.

Two days later, in Fang Yi's office, Zhou Ying wrote all the key information about Geng Di's murder case on the whiteboard. Fang Yi sat on the sofa nearby, drinking tea. Tian Xin sat aside, holding a notebook and pen, listening.

Huang Yuanchao did not do criminal cases. Tian Xin heard that Fang Yi had taken a death penalty case, so he asked Zhou Ying to say hello to Fang Yi and wanted to come over to listen and learn.

"How should the defendant Geng Di's behavior of deliberately killing someone and then taking the opportunity to steal the victim's property be characterized? Tian Xin, please join in and speak boldly. Don't be afraid of making mistakes." Fang Yi took a sip of tea and put down the cup and asked. .

"I think the verdict of the court of first instance was OK. Defendant Geng Di's behavior was a passionate killing, and taking the victim's property was a follow-up act of murder. It should be dealt with according to the principle of emphasizing behavior and absorbing light behavior, and only convicted of intentional homicide." Tian Xin said.

Yesterday afternoon, she had nothing to do. She and Zhou Ying discussed the case all afternoon and felt that there was nothing wrong with the court's decision.

"Where's Zhou Ying?" Fang Yi looked at Zhou Ying.

"Although the court of first instance convicted the crime of intentional homicide, I think Geng Di's purpose in going to the victim's home was for money. He had a financial mentality. After killing the victim, his behavior of robbing the property constituted the crime of robbery."

"Lawyer Fang, what do you think?" Tian Xin asked.

"I think differently from you. I think Geng Di's actions of robbing property after killing people constitute intentional homicide and theft respectively." Fang Yi said.

"Why?" Tian Xin and Zhou Ying asked at the same time.

"Let me tell you what I think.

According to the "Reply of the Supreme People's Court on the Conviction of Intentional Homicide Cases During Robbery" (Fa Interpretation [2001] No. 16), the actor premeditated intentional homicide in order to rob property, or in the process of robbing property, subdued the victim. Anyone who resists and intentionally kills a person shall be convicted and punished for robbery. If the perpetrator commits robbery and intentionally kills someone to silence him, he will be convicted of robbery and intentional homicide, and shall be punished for multiple crimes.

According to the above-mentioned approval opinions, the conditions for the crime of robbery are that the perpetrator first has the purpose of robbing property and then uses the means of intentional homicide. The perpetrator committed the murder intentionally to achieve the purpose of robbing property.

If the perpetrator did not commit the murder for the purpose of robbing property, but temporarily took away the victim's property after the murder, then there is no relationship between the previous murder and the subsequent property taking, but they were done for different purposes. The acts committed cannot be deemed as robbery, but should be deemed as intentional homicide and theft respectively.

Let’s go back and look at this case. The defendant Geng Di initially went to the victim’s house to borrow money. The evidence in the case does not prove that Geng Di had the intention and purpose to rob property.

When Geng Di's lie was discovered by the victim, he became angry and the two sides started fighting. During the fight, the defendant hacked the victim to death.

It can be seen from this that when the defendant Geng Di first arrived at the victim's house, he just wanted to make up an excuse to borrow money. He had no purpose of killing or robbing property.

After the murder, the victim Geng Di took away the victim's property, and his intention to illegally possess the victim's property occurred after the murder.

It can be seen that there is no criminal causal relationship between defendant Geng Di's murder and his subsequent robbery of the victim's property. Therefore, Geng Di's behavior of taking property after the murder does not constitute the crime of robbery.

Defendant Geng Di's act of taking money after killing someone was two independent acts carried out under the control of two different criminal intentions. They were not part of the act of murder and could not be absorbed by the act of murder. They should be separately classified as the crime of theft. .

Therefore, Geng Di's behavior should constitute intentional homicide and theft respectively, and should be punished for both crimes. "Fang Yi explained.

"Lawyer Fang, if this is the case, will the Provincial High Court change the sentence to concurrent punishment for several crimes?" Zhou Ying asked.

"No. In this case, although the public prosecution agency accused Geng Di of killing a person and then confiscating a huge amount of property from the victim, it did not accuse Geng Di of another crime of theft.

According to the principle of not complaining, the court of second instance will generally not directly add this crime to the trial during the trial, so this case may eventually be sentenced to intentional homicide. "Fang Yi said.

After hearing this, Tian Xin was doubtful, but Zhou Ying had no doubts at all.