At the trial site, Li Xuyi pleaded guilty and repented, and apologized to the public. However, Li Xuyi's defense lawyer hoped that the court would consider his debt, temporary confusion and other factors, and it was his wife who led the police home to arrest Li Xuyi afterwards, and there was no resistance, which should be regarded as a plot of surrender. It is understood that the court will decide on a date.
Li Xuyi's mother showed a chat record to persuade her to surrender (data map)
hear a case
65438+1At 9: 30 am on October 24th, the case of Li Xuyi robbing an armored car was heard in Yingkou Intermediate People's Court. The trial lasted about two hours, and Li Xuyi's relatives were present to attend.
According to the prosecution's indictment, on September 7, 1965, at around 13, Li Xuyi, as a member of the financial escort team of Yingkou ruitai Escort Co., Ltd., drove an armored vehicle and snatched cash 17 cash bags and 2 cash boxes from Yingkou Branch of Agricultural Bank of China, totaling RMB 35 million.
A few days after the incident, Li Xuyi still posted a seal at home (data map)
During the escort, Li Xuyi deliberately did not follow the prescribed escort route, and drove the cash truck to the west section of dashiqiao city Xinghe Bao Guo Community, threatened four escorts in the same car with guns prepared in advance, and snatched two escorts' escort guns. After being bound with tape, he drove the cash truck to the underground parking lot of Fenghua Yihe Village Community in dashiqiao city Governor's management area.
In the parking lot, Li Xuyi snatched three money bags with 6 million yuan in cash from the cash truck, and then fled the scene. Li Xuyi repaid part of the stolen money to personal debt. After the incident, all the money involved has been recovered.
The prosecution believes that Li Xuyi ignored the law and robbed the bank cash truck with a gun. The amount of robbery is huge, the circumstances are particularly bad, and the social harm is great. His behavior violated the third and fourth items of Article 263 of the Criminal Law. The facts of the crime are clear, and the evidence is conclusive and sufficient. Li Xuyi should be investigated for criminal responsibility for robbery.
Zhong Ruoxin, Li Xuyi's attorney, revealed that during the trial, the lawyer was in a state of confusion from Li Xuyi's debt. Afterwards, his wife led the police to arrest him at home, and if he did not resist, it should also be counted as a plot of surrender. Defend Li Xuyi.
Zhong Ruoxin also revealed that at the trial site, Li Xuyi pleaded guilty and repented, and apologized to his former colleagues and the escort company. Li Xuyi's overall mood was stable, but in the process of his final statement, he shed tears several times because of regret.
Mother of Liaoning armored car robber: I hope the court will consider the dilemma of family "triangular debt"
Fierce debate
During the trial, Zhong Ruoxin, Li Xuyi's defense lawyer, had a heated debate with the prosecution on whether the crime was bad, whether there was a surrender plot, and whether it was an armed robbery.
Is it a heinous crime?
During the trial, the prosecution believed that Li Xuyi ignored the law and robbed the bank cash truck with a gun. The amount of robbery is huge, the circumstances are particularly bad, and the social harm is great. Li Xuyi's defense lawyer Zhong Ruoxin holds the opposite opinion. He believes that Li Xuyi's criminal means and circumstances are not bad compared with ordinary robbery crimes or similar robbery of armored vehicles. Li Xuyi took a toy gun, which did not cause personal and property damage to others during the crime, and the money was quickly recovered.
Can the cause of the crime be used as a basis for mitigating punishment?
The cause of Li Xuyi's crime has also become a focus of debate between the two sides. The attorney said that what made Li Xuyi desperate was the huge debt he owed. They collected relevant evidence to prove that Li Xuyi robbed the armored car because of family pressure. This evidence was also provided to the prosecution and was cross-examined in court. The prosecution believes that the debt problem is irrelevant to this case.
According to Zhong Ruoxin, according to "Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Robbery Criminal Cases", if a family member commits robbery for the first time for specific reasons such as seeking medical treatment, and the subjective malignancy and criminal circumstances are relatively minor, it should be distinguished from multiple robberies and cases of robbery for reasons such as luxury, gambling and drug abuse. Li Xuyi's behavior is caused by the difficulties of life, which belongs to the crime caused by specific reasons and should belong to the "specific reasons" in judicial interpretation.
Is there a plot to surrender?
Whether Li Xuyi should be considered as voluntary surrender is also the main point of court debate. The prosecution believes that Li Xuyi did not take the initiative to surrender, and abandoning his mobile phone may also be because he wanted to escape, which made it impossible for the police to locate him through his mobile phone. Zhong Ruoxin does not agree with this. He believes that Li Xuyi has surrendered himself in this case. Li Xuyi's wife led the public security personnel to capture Li Xuyi. He didn't resist the arrest and truthfully confessed the facts of the crime. This is the factual basis for his surrender. In addition, the relevant judicial interpretation also stipulates that family members take the lead in arresting criminal suspects. If there is no arrest, they can refer to surrender. In practice, there are many such cases, and relatives actively lead the public security personnel to arrest the suspects, and finally they are deemed to have surrendered themselves.
Is it an armed robbery?
According to the indictment, Li Xuyi robbed a bank cash truck with a gun. In this regard, Zhong Ruoxin said that the indictment did not find that Li Xuyi had a gun, and the investigation agency did not find the toy gun used by Li Xuyi at that time, and there was no relevant evidence to prove that the gun belonged to a gun. The indictment is also a gun. "If the identification is a gun, has it been identified, can it be launched? I think these factors need to be considered. "
During the trial, Li Xuyi pleaded guilty and repented in court. He said he was sorry for the four escorts, his family, his relatives and friends, and also apologized to the escort company. "He cried terribly when he said this."