What is the defense to theft charges? 1. What is the general defense of the crime of theft? Dear presiding judge, the people's judge: According to the relevant provisions of the Criminal Procedure Law

What is the defense to theft charges? 1. What is the general defense of the crime of theft? Dear presiding judge, the people's judge: According to the relevant provisions of the Criminal Procedure Law, the defendant carefully studied the first-instance judgment, reviewed all the case files in detail, and met with the defender in accordance with the law, and gained a relatively comprehensive and objective understanding of the facts of this case. , the defender issued the following defense opinions in accordance with the facts and law, which this court fully considered and adopted. The public prosecution agency has no objection to the defendant's accusation of fraud and its characterization. There is no objection to the criminal facts and characterization of the crime of fraud. The defendant's crime is not serious. According to criminal law theory and the spirit of Article 1 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" (1996.12.16, Fafa [1996] No. 32), the crime of fraud is serious. Sex is mainly determined from aspects such as the amount of fraud proceeds and the consequences of the crime. Judging from the facts ascertained by the public prosecution and the evidence submitted, the defendant’s behavior was not serious enough: 1. The amount involved was relatively small. 2. 2. Not a habitual offender or a wandering offender. 3. The object of the fraud is the personal property of citizens, rather than the production funds of enterprises and institutions or civil assistance properties such as disaster relief and emergency rescue, and does not cause losses from the suspension of production and business of enterprises and institutions; 4. The crime does not result in the death, mental disorder or other serious consequences of the victim, The harmful consequences are relatively small; 3. In this case, the parties involved had a number of statutory and discretionary mitigating circumstances. (1) He had a good attitude of pleading guilty. He always truthfully confessed his behavior and had a good attitude of pleading guilty. The defendant had a thorough atonement mentality from beginning to end and truthfully confessed what he had done. He shirked responsibility and avoided attacks and other actions in terms of concealment and fabrication. During subsequent interrogations by the public security organs, the defendants' confessions were basically consistent, and even the details were consistent. This fact is confirmed by the first paragraph on page 4 of the indictment. According to Article 7 of Part 3 of the "People's Court Sentencing Guidance" that came into effect on October 1, 2010: "For a defendant who voluntarily pleads guilty in court, the defendant shall be judged based on the nature of the crime, the seriousness of the crime, the degree of confession, and the extent of repentance." According to the performance, the base sentence can be reduced by 10 or less, except for cases that are deemed to be surrenders and confessions according to law. Article 9 of "Several Opinions of the Supreme People's Court, Supreme People's Procuratorate and Ministry of Justice on the Application of Summary Procedures in the Trial of Public Prosecution Cases": The People's Court will treat those who voluntarily plead guilty. The defendant shall be given a lighter punishment as appropriate. The defense implored the court to take this into full consideration when sentencing. (2) The defendant showed sincere remorse both in the interrogation transcript of the public security organ and in today's court. The people's court should consider it appropriately when sentencing Wang. At the same time, only when the defendant is willing to accept a fine and is willing to accept punishment in this way can he show his sincere repentance. Article 25, paragraph 7, of the Supreme People's Court's "Guiding Opinions on Standardization of Sentencing": If the defendant voluntarily pleads guilty, he shall be given a lighter punishment10. Article 26, Paragraph 3: If the defendant voluntarily accepts property punishment, he shall be given a lighter punishment in proportion within 20 years. (3) The defendant has always performed well, has no bad behavior, is not in serious personal danger, and has no circumstances that warrant a severe punishment. (4) The defendant is willing to return the stolen money immediately. The defendant made it clear that he is willing to return the stolen money immediately, and his family members also expressed their willingness to return the stolen money immediately in court. Article 26 (2) of the Supreme People's Court's "Guiding Opinions on Standardization of Sentencing": If the defendant returns the stolen goods or compensates for losses (excluding losses below 2,000 yuan), he shall be given a lighter punishment in proportion within 10 yuan; From the perspective of reforming the criminal, we implore the court to give the defendant a lighter punishment. For first-time offenders and occasional offenders, consideration should be given to giving them a chance to rehabilitate themselves to avoid cross-infection after being sentenced to actual imprisonment. To sum up, the defendant's behavior complied with the multiple considerations for lenient punishment put forward in the Criminal Law and the Supreme People's Court's "People's Court Sentencing Guidance Opinions (Trial)". The court is requested to consider the circumstances and consequences of the defendant’s behavior realistically. Therefore, we implore the People’s Court to put people first and enforce the law humanely. To sum up, the defender of the crime of theft must first be sincere and confess the facts of the crime. If the nature of the case is not so bad, the punishment can be reduced to a certain extent.