Anxiety, how to write juvenile robbery?

One day in 20 10, Xiao Peng (male, 17 years old) and his two good friends Xiao Gang and Xiao Wei helped their neighbors sell barbecues. At this time, he received a phone call from his friend Binbin and asked him to meet at the gate of a nearby Internet cafe. After the meeting, Binbin said, "Let's go to the waste collection station under Yingbin Road to grab some money." Xiao Peng hesitated not to go at first, but under the stimulus of Binbin's words, he agreed to go together for fear of his jokes. Later, the two called Xiao Gang and Xiao Wei, and the four of them made an appointment to rob a waste collection station together in the evening. That night, four people came to the door of the waste collection station together, Xiao Wei stood guard at the door, and three others came into the house to ask the owner of the collection station for money. Under the threat of three people, the boss took out a bank card and gave it to them. They rented a car and dragged their boss to find an ATM. After finding the ATM, they forced the boss to tell the password. The four men * * * took 1000 yuan from the card, then sent the boss back to the purchasing station and left. After that, they squandered this 1000 yuan. Now four people have been prosecuted by the procuratorate for alleged robbery. Second, the handling of this case (1) Accepting the entrustment The author accepts the entrustment of Taiyuan Juvenile Court to provide legal aid to minors. After accepting the appointment, the author went to the juvenile court, contacted the responsible judge and copied all the case files. (2) After reading all the files from the court, the author made a careful reading and made a reading record. At the same time, he also thought about some questions about the case and planned to know more clearly when meeting Xiao Peng. As Xiao Peng was subjected to compulsory measures of residential surveillance, the author contacted Xiao Peng's mother and expressed her hope to see Xiao Peng in the office. At the same time, she also wants to know about Xiao Peng's growing experience and consistent performance. Xiao Peng's mother cooperated with us and agreed to take Xiao Peng with her the next day. (3) The day after meeting the defendant, Xiao Peng and his mother came to the author's office as promised. Xiao Peng explained the whole process of the case to the author in detail. The author asked him questions according to the facts he knew and the problems he found during the previous marking. He answered them one by one, and the author took notes carefully. Before meeting with Xiao Peng, the author thoroughly read the case file twice and verified several key issues after listening to Xiao Peng's statement. The author believes that from the facts and evidence, there is basically no room for Xiao Peng not to plead guilty. After careful consideration, combined with the specific circumstances of this case, the author patiently explained to Xiao Peng the detailed provisions of the law on robbery, and told Xiao Peng and his family that I intend to defend him lightly and the communication between us is smooth. In order to have a comprehensive and in-depth understanding of Xiao Peng's background information, so that the judge can more objectively reflect the requirements of individualization of punishment in the final judgment and take more appropriate punishment measures, the author intends to write a social investigation report on Xiao Peng. In view of this, when I met Xiao Peng, I not only learned about the case from Xiao Peng, but also fully understood his growth experience and consistent performance, family situation and living environment, the background, motivation and reasons of the crime, and the performance before and after the crime. In addition, the author also plans to interview Xiao Peng's mother, hoping to learn more about Xiao Peng's personal situation. (4) Interview with Xiao Peng's parents ended the interview with Xiao Peng. The author asked him to wait outside the office first, and then interviewed Xiao Peng's mother. After careful inquiry, the author inquired about Xiao Peng's family education, performance at home, personality characteristics, hobbies, getting along with classmates and teachers in the past, performance at school, reasons for dropping out of school, performance before and after committing crimes, parents' educational level, and how parents plan to become better in the future. The author made a detailed record of the above aspects, hoping to write a letter of guarantee, mainly including reflecting on the defects of Xiao Peng's family education before, reviewing the responsibilities of Xiao Peng's parents who made mistakes this time, and how to better educate and supervise Xiao Peng in the future. I learned from Xiao Peng's mother that Xiao Peng had studied welding skills with an electric welder for two years after dropping out of school. I also want to know Xiao Peng's performance at work and how he gets along with his colleagues. At the same time, the author thinks that the social investigation report should also include the opinions of the village committee where Xiao Peng is located. Subsequently, the author informed his mother of the above situation, and her mother indicated that she would try her best to take them to the author's office. (5) Interview with Master Xiao Peng; Interview with the village committee director and medical insurance director of Xiao Peng's village The next day, under the leadership of Xiao Peng's mother, I met Xiao Peng's master and the village committee director and medical insurance director of his village in the office. The author learned from Xiao Peng's master in detail about Xiao Peng's daily performance in learning skills and getting along with colleagues. After that, the author also learned about Xiao Peng's family situation and consistent performance from the village director and the medical insurance director in his village, and made records. (VI) Making Social Investigation Report The author learned the facts of the case through reading papers and meeting with Xiao Peng, and made a social investigation report on Xiao Peng on the basis of knowing Xiao Peng's growth experience and daily performance from himself, his parents, his master, the director of the village committee and the director of medical insurance, and fully understanding Xiao Peng's personality characteristics, family situation, social interaction, growth process and performance before and after the incident. First of all, Xiao Peng's family situation and growth experience. There are four people in Xiao Peng's family: father, mother, brother and Xiao Peng. His father is a driver, his mother has no fixed job, and his brother is studying now. A family has two children to support, so it is conceivable that Xiao Peng's parents are under great pressure. In order to make children live a better life from childhood, they go out early and come home late all day to make a living. Even so, life at home can only be passable. Xiao Peng and his brother were not well cared for and educated by their parents since childhood. Zhou Peng himself is a child, but he has to take care of his younger brother for his parents. Although Xiao Peng didn't do well in school, he never clashed with his classmates, and because he always played a leading role in his work, he was often praised by his teachers. The reasons why Xiao Peng dropped out of school before completing the nine-year compulsory education are not only poor academic performance, but also poor economic conditions at home, and parents subjectively do not attach importance to education. Second, analyze the causes of Xiao Peng's crime. Xiao Peng's parents have been running around for a long time to make a living or going out early and returning late, ignoring their care, management and education, which is the family reason of Xiao Peng's crime. Xiao Peng dropped out of school prematurely, was young and ignorant, lacked legal knowledge, and lacked the ability to distinguish and judge right and wrong, good and evil, crime and non-crime. This is the personal reason for Xiao Peng's crime. Third, the reflection of all parties, the author mainly talks about their reflection from their own understanding and the review after their parents made mistakes. Fourthly, the lawyer's advice, the author points out from Xiao Peng's family situation, growth experience and other aspects that his mistakes have many internal and external causes and are accidental. But in essence, Xiao Peng is still good. He is polite, studious and flexible. It was a profound lesson for him from being detained by the public security organs to being finally tried. If he can be given a chance to turn over a new leaf, he should cherish, repent and turn over a new leaf. At the same time, in view of the fact that he is a first-time offender, has no criminal record, the circumstances of the crime are minor, and he has a good attitude of pleading guilty after committing the crime and deep remorse, it is suggested that the court reduce his criminal punishment and apply probation to give him a hope. The author thinks that he can still be a useful person to society. (7) Xiao Peng's case shall be tried in a juvenile court specially set up by the court. Because Xiao Peng is a minor, the case should be heard in secret. Xiao Peng's mother attended the trial that day. During the trial, the court investigation went smoothly. When providing sentencing evidence, the author read out a social investigation report on Xiao Peng, hoping to serve as a reference for the judge's final judgment. After the author read the social investigation report, Xiao Peng and his mother were deeply moved and emotional, probably because the report hit the nail on the head and touched their hearts. After entering the court debate, because there is no objection to robbery, the author puts forward several opinions on sentencing defense: (1) Xiao Peng, as a minor, lacks the ability to distinguish right from wrong, and this crime is accidental; (2) Xiao Peng is the first offender, not the initiator of the crime. Although he participated in the crime, he was less subjective and vicious; (3) Xiao Peng realized his mistake after he was brought to justice, determined to be a law-abiding person in the future, and suggested that the court should apply probation to him. At the same time, the author also calculated Xiao Peng's sentencing according to the provisions of the Supreme People's Court's Guiding Opinions on Sentencing. The verdict on Xiao Peng has finally come down. Xiao Peng committed robbery and was sentenced to one year and six months' imprisonment, suspended for two years, and fined 2,000 yuan. After the verdict, Xiao Peng and his family expressed satisfaction with the verdict and said they would not appeal. Three. Analysis and Suggestions Through the detailed record of the handling process of this case, the author intends to talk about how to conduct social investigation in juvenile criminal cases. The legal basis of social investigation report According to Article 2 1 of the Supreme People's Court's "Several Provisions on the Trial of Juvenile Criminal Cases" in 2006, prosecutors, defense lawyers, people's courts and social organizations entrusted by people's courts can conduct social investigations, and the information obtained from social investigations should be made into written materials and submitted to the collegial panel. On the basis of meeting Xiao Peng and interviewing his mother, master, village committee director and medical director, the author finally completed the social investigation report. Xiao Peng's social investigation report is divided into two parts. Part of it is Xiao Peng's background information, including his family situation, growth experience, consistent performance, causes of crime and performance before and after the suspected criminal act. Based on this, the other part suggests that the court should reduce his punishment and apply probation. Finally, the juvenile court applied a suspended sentence to Xiao Peng, and the author was very satisfied with the result. At the same time, he also believes that the social investigation report carefully made by the author played a key role in it, which became the basis and reference for the judge to make a final ruling, so that the judge had a comprehensive and in-depth understanding of Xiao Peng's personal background, and decided to apply probation to Xiao Peng on this basis, believing that probation could better help and correct him. The author believes that in juvenile criminal cases, juvenile lawyers, as defenders, are important participants in juvenile judicial proceedings. Considering the needs of minors' defense, lawyers should conduct social investigation and submit social investigation reports to the judicial organs, which will provide important reference for the court to make a ruling, influence its sentencing, reflect the requirements of individualized punishment, and finally realize humanized care and special protection for minors.