Guangdong Zhuo Fan (Zhong Kai) Law Firm accepted the assignment of the legal aid office in a certain district of a city, and I acted as a defender in a case of suspected intentional injury. Before the trial, the defender carefully studied the indictment, consulted all the files in detail, and met with the defendant according to law. He has a more comprehensive and objective understanding of this case. Combined with the facts of today's trial, the defender believes that there is no objection to the characterization that the public prosecution agency accused the defendant Wu Moumou of committing robbery. According to the facts of this case, starting from the principle of giving priority to education and supplementing punishment, the defendant Wu Moumou should be sentenced to probation or exempted from criminal punishment. The reasons are as follows.
1. Defendant Wu Moumou was suspected of robbery, but he performed meritorious service.
Among the materials submitted by the public prosecution agency, the "Proof of Arrival" issued by the police station of Yemou City Public Security Bureau shows that "the criminal suspect Wu Moumou provided clues to our public security organs, knowing the residence of the fugitive criminal suspect Ye Moumou (Ye's clerical error-defender), which can take the public security organs to capture Ye Moumou at large. 2065438+On July 6, 2005, Wu Moumou took investigators to Ye Moumou's residence in a village where Ye Moumou was about to escape. Our investigators brought Ye Moumou back to the police station for trial, and Ye confessed to the criminal facts of robbery with and Wu Moumou. "
"Opinions of the Supreme People's Court on Several Specific Issues Concerning Handling Voluntary Surrender and Meritorious Service" (Fa Fa [2010] No.60) "V. The specific identification of" assisting in the arrest of other criminal suspects "stipulates that" a criminal who commits one of the following acts enables the judicial organs to arrest other criminal suspects belongs to "assisting the judicial organs in arresting other criminal suspects" as stipulated in Article 5 of the Interpretation. . The defendant Wu Moumou assisted the public security organs in arresting Ye, an accomplice, and according to this judicial interpretation, it should be regarded as meritorious service.
2. If the defendant Wu Moumou has a lighter or mitigated circumstance, he may be sentenced to criminal detention of not more than three years or fixed-term imprisonment.
1. If the defendant is a minor, the punishment shall be mitigated according to law.
Defendant Wu, born on April 30, 1998, was under the age of 18 at the time of committing the crime. According to the "Detailed Rules for the Implementation of the Guiding Opinions of Guangdong Higher People's Court on Sentencing for Joint Crimes" (Gao Yue Fa Fa Fa Fa [20 14]No. 14) "III. Joint sentencing circumstances apply "1. (2) If a minor who is over 16 but under 18 commits a crime, the basic penalty shall be reduced by10%-50%; " This shows that the defendant can reduce the benchmark penalty 10-50%.
2. If the defendant has rendered meritorious service and confessed the circumstances, he shall be given a lighter punishment.
According to the provisions of "III". Application of Common Sentencing Circumstances in Guangdong Higher People's Court, 14. For meritorious service, the scope of lenient treatment is determined by comprehensively considering the factors such as the size, frequency, content, source, influence and severity of the crime. (1) Those who have rendered meritorious service in general may be given a mitigated punishment below 20% of the benchmark punishment; ""15. Considering the stage, degree, severity and penitence of the crime comprehensively, the degree of leniency is determined. (1) Those who truthfully confess their crimes can reduce the benchmark punishment by less than 20%; ”。 The defendant not only performed meritorious service, but also truthfully confessed his crimes. The defendant shall reduce the benchmark punishment by less than 40%.
3. The defendant is a first-time offender, and robbing relatives' property in the same crime can be given a lighter punishment.
The defendant is a first-time offender and has no criminal record, so he can be given a lighter punishment. The Supreme People's Court's Opinions on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching (Fa Fa Fa [2005] No.8) VII. The definition of specific property robbery stipulates that "those who obtain the property of family members or close relatives for personal use by violence or coercion are generally not convicted and punished for robbery, and if they constitute other crimes, they shall be dealt with in accordance with the relevant provisions of the Criminal Law; Whoever instigates or collaborates with others to rob the property of family members or close relatives by means of violence or coercion can be convicted and punished for robbery. " The defendant belonged to Zeng Jinquan's accomplice in robbing his grandmother's property with others. Although it can be characterized as robbery, the degree of social harm is obviously lighter than that of ordinary robbery, and the court is requested to give a lighter punishment as appropriate.
The sentencing of robbery in China's criminal law is "fixed-term imprisonment of not less than three years but not more than ten years", and the defendant is a minor, has made meritorious service, confessed in court, is a first-time offender, robbed relatives' property and other mitigating circumstances, and can be sentenced within the range of fixed-term imprisonment of not more than three years.
3. The defendant Wu Moumou should be sentenced to probation or exempted from criminal punishment.
Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Juvenile Criminal Cases (hereinafter referred to as Interpretation) (Law Interpretation [2006]1No.) stipulates that "when applying penalties to juvenile offenders, full consideration should be given to whether it is conducive to the education and correction of juvenile offenders. In sentencing juvenile criminals, we should, in accordance with the provisions of Article 61 of the Criminal Law, give full consideration to factors such as the motive and purpose of juvenile criminal acts, age at the time of committing crimes, first-time offenders, repentance after committing crimes, personal growth experience and consistent performance. Juvenile criminals who meet the applicable conditions of control, probation, single penalty or exemption from criminal punishment shall be controlled, suspended, single penalty or exempted from criminal punishment according to law. " This shows that it is a general principle to apply probation, single penalty or exemption from criminal punishment to juvenile delinquency, with the exception of actual imprisonment.
Article 16 of the Interpretation stipulates that "if a juvenile offender meets the provisions of the first paragraph of Article 72 of the Criminal Law, he may be suspended. At the same time, under any of the following circumstances, if probation is no longer harmful to society, it shall be declared probation: (1) first offense; (3) Having the conditions of guardianship and assistance in education. " In this case, the defendant is a first-time offender, and his parents work and live in a certain place and have the conditions of guardianship and rescue, so the execution should be suspended.
The first paragraph of Article 72 of China's Criminal Law stipulates that "a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) showing repentance; (3) There is no danger of committing a crime again; ; (4) The announcement of probation has no significant adverse effect on the community where he lives. " In this case, the defendant committed a minor crime, voluntarily repented, pleaded guilty with a good attitude, and there was no danger of recidivism. The announcement of probation has no significant adverse effect on the community where he lives. As a misguided teenager, he asked the court to sentence him to probation.
Article 17 of the Interpretation stipulates that "juvenile criminals may be sentenced to criminal detention or fixed-term imprisonment of not more than three years according to their crimes. Those who show good repentance and are under any of the following circumstances shall be exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law: (5) Those who surrender themselves after committing a crime or have rendered meritorious service; " . In view of the fact that the defendant may be sentenced to fixed-term imprisonment of not more than three years and has rendered meritorious service, he should be exempted from criminal punishment.
To sum up, the defendant Wu Moumou committed robbery and pleaded guilty in court. He was a first-time offender and an occasional offender, with no criminal record and meritorious service. Suggest that the court treat the defendant lightly. Jurisprudence is nothing more than human feelings. It is suggested that your hospital, starting from reforming and helping the defendant, sentence the defendant to probation or exempt from criminal punishment.