According to the Criminal Procedure Law, Lawyers Law and other relevant laws and regulations, XX Law Firm is supervised by Zhang Hongli according to law.
Entrusted by my guardian, I was appointed as the defender of the defendant Zhang Hongli in this case. After accepting the task, I read the book carefully.
All the case materials, and met with the defendant Zhang Hongli. After careful study and analysis, this defense
Some people think that the defendant Zhang Hongli in this case is not guilty of intentional homicide; Zhang Hongli was found guilty of robbery,
However, if there are statutory and discretionary circumstances to lighten or mitigate criminal punishment, the punishment shall be lightened or mitigated according to law.
Criminal punishment. In view of the facts of this case, relevant evidence materials and relevant laws and regulations, we hereby put forward the following defenses.
See:
First, the defendant Zhang Hongli in this case does not constitute a general crime of intentional homicide.
* * * Joint * * crime with the same crime refers to two or more intentional crimes, which objectively requires * * *
The same criminal act. In this case, the crime of intentional homicide was only committed by the defendant Wang Weimin, and his behavior was objective.
There is no intentional homicide in the world.
* * * The same crime subjectively requires the same criminal intent. Defendant Wang Weimin tried to prevent himself.
It is revealed that the victim was killed, and the defendant Zhang Hongli was not informed of this intention before.
Defendant Zhang Hongli did not intentionally kill the victim subjectively, and objectively did not kill the victim.
Behavior, so the prosecution accused the defendant Zhang Hongli of intentional homicide.
Second, the defendant Zhang Hongli in this case has a statutory lighter punishment and a discretionary lighter punishment.
1. Defendant Zhang Hongli has a statutory lighter punishment, and defendant Zhang Hongli robbed for.
On July 20, 2003, according to the identification materials of the defendant Zhang Hongli, the defendant Zhang Hongli was not at the scene at the time of the crime.
Year 18, according to the provisions of Article 263 of the Criminal Law and the third paragraph of Article 17, the defendant Zhang in this case should be punished for several crimes.
Bonuses are subject to criminal penalties below the statutory minimum penalty for robbery.
According to the confession of the defendant Zhang Hongli and the accomplice Wang Weimin, the statement of the victim in this case, and this
The transcript of the meeting between the defender and the defendant Zhang Hongli can prove that the defendant Zhang Hongli committed a crime in this case.
Zhong Cheng is an accessory. In this case, he is not in the leading role and core position of robbery, but only helps in cooperation.
Accessory Wang Weimin transfers stolen goods and plays an auxiliary role. According to Article 27 of the Criminal Law, the defendant
Zhang Hongli is an accessory and should be given a lighter, mitigated or exempted punishment.
2. Defendant Zhang Hongli has the circumstance of discretionary lighter punishment: the defendant Zhang Hongli was present on the second day of the crime.
Under the leadership of his father, going to the public security organ to explain the criminal facts of robbery should be regarded as surrender. Meanwhile, the defendant
In May 2003, Zhang Hongli voluntarily confessed to the public security organ the theft of the defendant Wang Weimin, which was verified by investigation.
True, according to Article 5 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Cases of Surrender and Meritorious Service.
The defendant Zhang Hongli's behavior should be recognized as meritorious service. According to Article 67 1 of the Criminal Law,
Defendant Zhang Hongli can be given a lighter or mitigated punishment.
2. Defendant In this case, the defendant is a minor who committed a crime for the first time and has the conditions to declare a suspended sentence.
According to the confession of the defendant Zhang Hongli and the accomplice Wang Weimin, the statement of the victim in this case, and this
The transcript of the meeting between the defender and the defendant Zhang Hongli can prove that the defendant Zhang Hongli committed a crime in this case.
Zhong Cheng is an accessory. In this case, he is not in the leading role and core position of robbery, but only helps in cooperation.
Wang Weimin, an accomplice, transferred stolen goods. After the robbery, the defendant Zhang Hongli surrendered himself voluntarily under the persuasion of his father.
Surrender, at the same time take the initiative to account for the defendant Wang Weimin's other crimes, with meritorious service, fully proved.
Ming defendant Zhang Hongli has something that can save education. In the written materials of the public security organ in this case, the defendant Zhang
Bonus truthfully admitted the fact that he was involved in the robbery. He should have a good attitude of pleading guilty, which can be seen through the trial.
I realized that the defendant Zhang Hongli had made a mistake, and I met the defendant Zhang Hongli at this defender meeting.
According to the transcript, the defendant Zhang Hongli also realized his mistake and felt sorry for his family and being killed.
People always want to return the stolen money to the victims, but they have been detained and can't contact their families.
Suffering from the inconvenience of lack of money, it can be seen that the defendant Zhang Hongli did show repentance.
This defender believes that Zhang Hongli, the defendant in this case, has no accomplice's intention in the crime of intentional homicide, and objectively failed to carry it out.
The only way to kill the victim is to rob intentionally, and the motive and purpose of robbery are simple and pure.
The essence is the lack of legal consciousness, which is the root of his crime. During the trial of this case, the defendant Zhang
Bonus is not in the active core position and plays a leading role in robbery, and the circumstances of the crime are not serious, and it has
Those who have rendered meritorious service by surrendering themselves, have a good attitude of pleading guilty, and have repentance, according to the Supreme People's Court
"Several Provisions on Handling Criminal Cases of Minors" Third, the principle of "education first" should be adhered to for crimes against minors.
The principle of "giving priority to punishment, supplemented by punishment" is based on Article 72 1 and
The first paragraph of Article 16 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Juvenile Criminal Cases stipulates that criminal proceedings
The provisions of Article 68 of the Law and Article 5 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Cases of Surrender and Meritorious Service.
According to the provisions, Zhang Hongli, the defendant in this case, is a first-time offender, and the circumstances of the crime are minor, so he should be suspended.
To sum up, this defender believes that the defendant in this case is a minor first-time offender and has a good attitude of pleading guilty after the crime.
He has a good attitude and does mean repentance. Applying probation to him will not harm society. The defender suggested the people's law.
The court sentenced the defendant Zhang Hongli to fixed-term imprisonment of not more than three years, suspended in favor of the defendant Zhang Hongli.
Turn over a new leaf and grow up healthily
That should do it.