First of all, the case will not change. Public security and procuratorial organs are serious and responsible in handling cases! Accurately identify the suspect's crime! The court will also recognize it!
Secondly, in the trial of the court, three people commit crimes together, and public prosecution is two kinds of crimes. The suspect may not be satisfied either! In addition, the evidence does not prove that another suspect is guilty of theft!
The court is in the middle! I thought it was more likely that the case would turn around!
Three suspects * * * jointly commit crimes, and the public prosecution agency commits two crimes! There seems to be a problem! The other two suspects who commit robbery will definitely not accept it! Their confession of the case may change the criminal identification of the theft suspect!
In fact, what really determines the fate of the three suspects is the fact of the case itself! If the three suspects do have two crimes, Then, the court will recognize the determination of the public prosecution agency! Otherwise, the court will also change the criminal identification of the suspect!
Whether there is any change depends on whether the file transferred to the public prosecution department of the procuratorial organ after investigation by the public security organ is clear and whether the evidence is conclusive. If the facts of the case are unclear and the evidence is inconclusive, the court will not accept it and directly refund the compensation. If the case is transferred to the court, most of it will not change, and this may happen occasionally, but the quality of handling cases in the current public prosecution law is very high. If there is a problem, the procuratorate will directly return it to the public security organ for investigation, and it will never reach the court. Cases that can be brought to court are basically clear facts and conclusive evidence. The nature of the conviction of a case is based on the evidence, the accusation of the victim and the suspected population, which is basically unchangeable. Don't worry, your problem can be basically ignored and it is difficult to change!
I guess the case you are going to tell may be like this. Three people agreed in advance to commit theft. In the process of committing a crime, the theft was discovered, and one of them scared away, or stopped committing a crime, or attempted to commit a crime. The other two used violence on the spot or threatened violence to hide stolen goods, resisted arrest or destroyed criminal evidence, and changed from theft to robbery.
Those who escape or stop theft or attempted theft can only be regarded as theft, while those who use violence or threaten violence can be regarded as robbery.
A case like this will not actually change when it reaches the court. Unless there is new evidence to prove that the person previously identified as theft intentionally robbed and robbed, or the person also used violence or threatened violence to hide stolen goods, resisted arrest or destroyed criminal evidence on the spot.
If there is no new evidence, the court will generally adopt the accusation of the procuratorate and sentence three people to theft and robbery respectively.
The judicial interpretation of the Supreme Court stipulates: "If the accused facts are clear and the evidence is really sufficient, and the accused charges are inconsistent with the charges found in the trial, a guilty verdict shall be made according to the charges found in the trial." Therefore, the people's court has the right to change the charges.
When the charges charged by the procuratorate are inconsistent with those determined by the people's court after trial, the people's court may convict and sentence according to the facts ascertained, or it may not be consistent with the charges prosecuted by the procuratorate.
It is also possible to change, but after the trial, the cases prosecuted by the procuratorate will be reviewed in detail, and the defense opinions of the defenders and my legitimate defense will be fully considered. If the case and evidence change, the judgment of the court may be different from that of the procuratorate, because the court exercises independent judicial power. As for two robberies and one thief, it is because in the process of theft, two people may be found to resist by violent means, and theft has become robbery.
After a criminal case enters the court for trial, it may also change, and the court may return it for supplementary investigation. Theoretically, in the court investigation stage, some new cases that were not found in the investigation and prosecution stage may also be discovered.
Of course, in practice, the supplementary investigation returned by the court is less. Even fewer new cases were discovered in the court investigation stage.
Will the case change when it enters the court?
For cases suspected of violating the criminal law, it is necessary to go through public security organs and procuratorial organs, and finally finalize the case through court trials. Because the facts stated by the parties in each judicial department may be different, and the case may change with the progress of the case, the ways of obtaining evidence in several departments will be different, which will also have an impact on the case. Therefore, the case entering the trial stage will also affect the change of the case. (Providing legal services)
First, three people stole together, some were accused of robbery, and some were accused of theft. In this case, theft may be transformed into robbery, that is, theft, fraud, robbery, and violence or threats of violence on the spot to hide stolen goods, resist arrest or destroy criminal evidence, and legal responsibility shall be investigated according to robbery.
Second, of course, if the court thinks that it does not constitute robbery after trial, it can be sentenced and convicted for theft.
If supplementary evidence is not returned to the procuratorate, the case will not change, but the conviction may change. In the process of handling a case, I have encountered such a case. The public security bureau found a charge, the procuratorate found a charge, and finally the court found another charge. Various organs may have different understandings of the nature of the crime and make different determinations, and the final determination shall be subject to that of the court.
It can be changed, depending on the evidence and the lawyer's defense strategy.