First of all, the defender has no objection to the charges charged by the public prosecution agency against the defendant. Secondly, the defender believes that the defendant has the following sentencing circumstances that can be lightened or mitigated.
1. Judging from the defendant's criminal means, the defendant mistakenly entered the victim's room next door when he went back to his room for convenience, and committed a criminal act on impulse. This is essentially different from premeditated and planned theft. Obviously, the defendant in this case is an occasional offender, which is less harmful to society.
2. Judging from the attitude of the accused to plead guilty after being brought to justice. When the defendant was interrogated by the investigators of the public security organs for the first time, he truthfully confessed his criminal facts, without any concealment, and his confession was consistent and stable from beginning to end, and there was no luck to escape legal sanctions. In today's trial, the defendant pleaded guilty and reformed. It fully shows that the defendant's guilty attitude is positive and sincere.
3. After the defendant was brought to justice, he actively cooperated with the public security organs to return the stolen money and goods in full, and assisted the judicial organs to eliminate the harmful results caused by their criminal acts. So that the victim basically did not suffer losses. It is enough to show that the defendant has little personal danger and is easy to reform. According to the second paragraph of Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases, we urge the court to reduce the punishment of the defendant Zhang San as appropriate.
Defendant Zhang San was a law-abiding person and performed well before the crime. He has never committed any illegal or criminal acts. He is a first-time offender and has great potential for reform. Based on the above opinions, the defender believes that the defendant Li Jie is a first-time offender and an occasional offender, with a slight crime, sincere repentance attitude and always good performance. Meet the conditions of probation in China.
It is hoped that the collegial panel will consider and adopt it when sentencing, and apply probation to the defendant, so as to mobilize the defendant's enthusiasm for self-reform and self-rehabilitation, and at the same time avoid the disadvantages of cross-infection among criminals in supervision places and promote the harmonious development of the whole society.
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