How to write the light prevention of robbery?

In fact, robbery is classified as a felony in China's criminal law, which is also a criminal act that the relevant state departments have been focusing on. Because robbery is not only a violent criminal means, the original intention of a series of vicious intentional homicide cases may be because of robbery. However, regarding how to write the light defense words of robbery, defense lawyers should write the defense words in combination with the causes and consequences of the current robbery, and try their best to win some defense opinions for the criminal suspect in the defense words. How to write the light prevention of robbery? Entrusted by the District People's Court and Sichuan Law Firm, the presiding judge and the judge's lawyer acted as the first-instance defenders of the defendant in the case of Liu's alleged robbery. The following defense opinions are put forward according to relevant laws and facts, and we urge the court to fully consider and adopt them. Defenders generally believe that although the defendant constitutes robbery, it has statutory and discretionary mitigating circumstances. According to the actual situation of this case, according to the sentencing guidance of the Supreme People's Court and the criminal policy of combining leniency with severity, the collegial panel is requested to sentence the defendant to a mitigated punishment of less than three years and declare a suspended sentence. 1. The defendant in this case has discretionary and statutory mitigating circumstances (1). The defendant has the following discretionary mitigating circumstances (1), and the defendant is a first-time offender. The defendant has no criminal record and has not received any administrative punishment (such as public security detention and reeducation through labor). 2. The defendant pleaded guilty and expressed remorse. From the investigation stage to today's trial, the defendant has truthfully confessed his crimes and has a good attitude of pleading guilty. 3. The defendant's subjective malignancy is reflected in the following aspects: ① From the reason of committing the crime, it is because his father is ill and has no money to treat him, which is very different from squandering his life; ② From the implementation process of the crime, it is not a premeditated crime that has been carefully prepared, but its subjective desire is that it is unwilling to aggravate the harm to the victim when hurting the victim; ③ Judging from the pursuit of criminal results, the criminal will is not firm. 4. The plot and consequences are not serious. The degree of violence in this case is much lighter than that in general robbery. The tools used were not deadly weapons, such as guns and knives, but only caused skin injuries to the defendant. 5. Based on the defendant's family situation, personal situation and growth experience, compared with ordinary crimes, the leniency of the criminal policy of combining leniency with severity should be implemented. The defendant's mother was abducted at the age of two, and her whereabouts are still unknown. 14 dropped out of school and became the economic pillar of the family. Now my father is paralyzed in bed and has no money to treat diseases. Although 19 is legally a person with full capacity, most of his peers at this time are still students, and his ability to control and distinguish right from wrong is far from that of a fully mature person. It should be noted that although the defendant has no actual behavior of compensation, his father and himself have a positive attitude towards compensation. At the same time, the defendant did not pay the compensation because his family was really poor and could not pay the compensation, which was essentially different from the kind of money that did not pay the compensation. (2) The defendant has statutory mitigating circumstances. If the defendant attempted to commit a crime, he may be given a lighter or mitigated punishment in accordance with the provisions of the second paragraph of Article 23 of the Criminal Law. Two. Determination of the starting point of sentencing in this case the Supreme People's Court's sentencing guidance stipulates the starting point of sentencing for robbery as follows: for robbery once, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than five years, so the starting point of sentencing in this case should be fixed-term imprisonment of more than three years and less than five years. The defense believes that the collegial panel should give the defendant a minimum starting penalty of three years according to the actual situation of the case. The reasons are as follows: the starting penalty of sentencing mainly determines the starting penalty range of sentencing defendant from the aspects of consequences, means, amount, times, whether the circumstances are aggravated or not, and mitigating the circumstances. As mentioned above, the defendant in this case has many mitigating circumstances and no aggravating circumstances, and his behavior is one of the lightest manifestations in robbery, so the minimum sentencing starting point should be given. Third, the determination of the defendant's benchmark punishment In this case, the benchmark punishment for the defendant's aggravated punishment is the amount of the defendant robbing the victim's property. The property robbed by the defendant was equivalent to more than 3,900 yuan. According to the guidance of the Provincial High Court, for every increase of 1000 yuan, the sentencing range is 6 months to 8 months. The defense believes that combined with the actual situation of this case, it is recommended that the defendant's sentencing range be 6 months. The specific reasons are the same as above. Four. Determination of the sentence pronounced in this case (1) The sentencing circumstances of the benchmark punishment in this case are 1. The defendant belongs to the second paragraph of Article 3 of the Supreme People's Court's sentencing guidance. For attempted crime, we can comprehensively consider the degree of implementation of the crime, the size of the damage caused and the reasons for the failure of the crime, and the benchmark punishment can be reduced by 50% compared with the accomplished crime. The defense believes that in combination with the actual situation of this case, the defendant's lenient treatment of attempted crime should be close to 50%. The reasons are as follows: (1) Judging from the results of this case, the actual result of this case is that the victims are only skin injuries, which are very harmful in the robbery. (2) Put the attempted plot into the overall consideration of all the plots of the case. When deciding on sentencing the attempted offender, the attempted plot should be put into all the plots of the case to investigate its significance. If the plot of attempted crime plays an important role in all the plots, thus affecting or even significantly affecting the degree of social harm of the case, it may be decided to reduce the punishment for attempted crime. (3) Judging from the firmness of the defendant's criminal will, the attempted crime is that the perpetrator's criminal will is suppressed and the criminal intent is not realized. If the criminal will is average or weak, the subjective malignancy will be less, and the punishment can be lighter or mitigated, and the range can be relatively larger. 2. Paragraph 7 of Article 3 of the Supreme People's Court's sentencing guidance provides for the defendant's voluntary confession in court. For those who voluntarily plead guilty in court, according to the nature of the crime, the severity of the crime, the degree of confession and the performance of repentance, the benchmark punishment can be reduced to below 10%. (2) In this case, the factors to be considered in determining the sentence to be sentenced 1 and the special circumstances of the defendant's family have been described above, so I will not repeat them here. 2. The principle of the same case and the same judgment shall be based on the case number of the high-tech zone court (1) collected by the defender. : (2009) The promise of high-tech crime. 122 robbery of Liu Qiang and Li. Because the victim resisted the attempted robbery, the two defendants cheated the victim's electric tricycle and robbed him by threatening to beat him. The court sentenced the two defendants to one year's imprisonment and fined them 1000 yuan. (2) Demonstration case of Intermediate People's Court: In the Liu Hongjun robbery case tried by Jintang County People's Court, the defendant attempted to commit a crime, and the court sentenced him to three years' imprisonment, suspended for four years, and fined him RMB 6,543,800+0,000. (3) The case number of Jinniu District People's Court: (20 10) No.40 defendant in Zi Chu was convicted of attempted robbery, and the court sentenced him to three years' imprisonment and suspended for four years. To sum up, we think it is more appropriate to sentence the defendant to fixed-term imprisonment of not more than three years. V. It is more appropriate to sentence the defendant to probation in this case. 1. If the defendant meets the conditions for probation, and the sentence is sentenced to fixed-term imprisonment of not more than three years, criminal detention and meets the applicable conditions for probation, he can declare probation according to law; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted. 2, sentenced to probation in line with the criminal policy of combining leniency with severity, is the embodiment of judicial humanization. The criminal policy of combining leniency with severity is the current basic criminal policy in China, which clearly requires that "leniency" be accurately grasped and correctly applied according to law. The "leniency" in the criminal policy of combining leniency with severity mainly refers to the fact that the defendant's criminal circumstances are minor and less harmful to society, or the criminal circumstances are serious, but there are statutory and discretionary lenient punishment circumstances, and the subjective malignancy is relatively small and the personal danger is not great, and the punishment can be lightened, mitigated or exempted according to law; Acts that have certain social harm, but the circumstances are obvious and the harm is slight, are not treated as crimes; For those who cannot be imprisoned according to law, non-custodial sentences such as probation, public surveillance and single penalty shall be applied as far as possible. The defendant is the only worker in the family. If the defendant is severely punished, not only will the defendant's elderly and paralyzed father be left unattended, but the elderly will also face the loss of the only financial support for their livelihood and medical treatment. In any case, this situation is a discordant note in a harmonious society. To sum up, I implore the court to sentence the defendant to fixed-term imprisonment of not more than three years and suspended sentence. Defense words to the people's court: it is one of the most basic duties of the lawyer hired by the parties to lightly defend the year, month and day of the robbery case. Everyone can understand the general components of this criminal defense, but these defense opinions in the defense of robbery cannot be accurately introduced at all. There must be a cause and effect of robbery. Lawyers should write their defense according to their own defense skills and combined with some actual situations at that time. Criminal suspects and their families in robbery should not worry too much about the defense.