Entrusted by XXX, XXX Law Firm appointed me as the defender of XXX, the defendant in this case, to defend him and was confirmed by him. After accepting the entrustment, the defender consulted the case file, met with the defendant, made necessary investigations, and got a general understanding of the case. After trial investigation and cross-examination, the defender has a more comprehensive and objective understanding of the essence of the case. Defenders express the following defense opinions and sincerely hope that the collegial panel will adopt them.
The specific content can be as follows:
I. Legal situation of defendant XXX:
1, XXX provided important clues to solve the theft cases of XXX, XXX, XXX, XX and XXX, which has entered the judicial process, so the defendant XXX has a plot.
2.XXX truthfully confessed the criminal facts that the public security organs have not yet mastered. According to XX's report (29 pages), XXX once stole the power cord of DaTuan in late February 2006. After XXX arrived at the case, he not only truthfully confessed the crime, but also truthfully confessed to the public security organs the facts of two other wire thefts (page 4). According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Meritorious Cases, a lighter punishment may be given as appropriate.
3.XXX exposed the criminal facts of XXX and XXX. After XXX arrived at the case, he truthfully confessed the criminal facts of stealing wires twice with XXX and XX, which is in line with the provisions of Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service, and may be given a lighter punishment as appropriate.
Second, about the qualitative problem of this case:
We believe that XXX does not constitute the crime of destroying power equipment and theft for the following reasons:
1, Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destroying Power Equipment (Fa Shi [2007]15) and other provisions all point out that the crime of destroying power equipment must be based on the premise that it may endanger public safety: the main object of this crime is public safety, that is, the safety of unspecified personal and property rights and interests of the state or society. The "non-specificity" here is an important feature of social security, which means that criminal acts are aimed at most indistinguishable public. The serious consequences of criminal behavior are unpredictable by the perpetrator. The ultimate consequence of the act of destroying power equipment is not specific, or it is enough to cause damage to the life, health or property of unspecified people. The "uncertainty" here is not the uncertainty of the subjective purpose or motivation of the actor, but the uncertainty of the objective damage consequences.
2. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Damage to Power Equipment (Fa Shi [2007]15) should take precedence over the Reply of the Supreme People's Procuratorate on Several Issues Concerning the Crime of Damage to Power Equipment. We think time is the most important thing. Therefore, we suggest that the Supreme People's Procuratorate's judicial interpretation should not be directly applied to the conviction of this case, but should be combined with the specific circumstances of the case to see if it is enough to endanger the safety of the public before a correct conviction can be made.
3. It is necessary to establish the basic principle of proportionality between crime and punishment. Social real life is always complicated, any criminal act is always specific, and cases of destroying power equipment are also individual. In order to make the criminal law play the best role in combating and preventing criminal acts, and realize the purpose of combining punishment with reform and combining general prevention with special prevention, we must also consider the particularity of the case, such as the subjective purpose of the offender, the criminal means adopted by the offender, and the actual consequences of the criminal act. On the premise of considering the general principles of criminal law. In short, we should weigh the whole case and punish it as a crime, so that the punishment for criminal acts can be adapted to its social harm, that is, the charges and sentencing should be determined according to the principle of "crime and punishment should be adapted".
4.XXX damaged specific parts, objectively impossible to endanger public safety. To determine the harm degree of the behavior of the actor to the safety of * * * *, it must be determined by comprehensive analysis according to the specific object, specific position and mode of the damage and the specific damage degree of the damage. In this case, the wires stolen by the suspect XXX for three times were all "neutral wires" (pages 33, 52, 56, 67, 68 and 70). According to his confession, the "neutral wire" is a wire that is not used by users, and the wire there has no substantive function, but it is still charged; Its stealing and cutting behavior is not destructive to power equipment, so the destructive behavior of criminal suspect XXX and his associates can not objectively cause harm to public safety. Moreover, the stolen wires are used in rural areas far away from crowds, so ordinary pedestrians have no possibility of touching them, and it is unlikely to endanger the safety of unspecified pedestrians.
The object of theft is a very small part of the power grid. According to the relevant materials in the file (pages 95 and 96), the lines from 504 to 603 in Shaomiao, datuan town are not connected with any lines at 603. According to the schematic diagram, the line here is at the end of the power grid, and there are only two users: Chen Qinsheng Shrimp Pool and Datuan Brick Factory; The file has 98 pages of materials, and the stealing line implemented by Yonghui Road is not used by users; Zhu Dian's first and second groups of stolen files 102 pages have not been used by users. Therefore, the objects of the above three thefts are all minor parts of the power grid.
6. If the perpetrator's destructive behavior is not enough to endanger public safety, and if the destructive behavior is slight or the secondary part of power equipment is destroyed, it is impossible to cause serious consequences, it does not constitute this crime. The object of the three thefts of the criminal suspect XXX and his accomplices is the "neutral line", which is a very small part of the power equipment and basically has no effect on power transmission. The theft of criminal suspect XXX and his associates can't cause serious consequences objectively.
7. The theft of 7.XXX did not cause serious consequences and losses. After the theft, the victims involved did not respond well. Judging from the information provided by the power companies, they didn't see any serious consequences. The power company only repaired the damaged lines in datuan town, not twice. This also shows from the side that these lines have no substantive function, and the destruction of these wires only leads to property losses and does not endanger public safety.
To sum up, we believe that XXX does not constitute the crime of destroying power equipment and theft.
III. The defendant XXX in this case committed a minor crime:
1. The criminal intent of the first theft was criminal health, and the criminal intent of the last two thefts was Chen Xudong. XXX is passive in theft.
2. The direct purpose of 2.XXX crime is to pay off debts, which is less subjective and vicious.
3, XXX In the process of theft, most of them are just winding, with little effect.
4. After committing the crime, the defendant actively demanded the return of stolen goods, cooperated with the authorities to find out the case, and showed remarkable repentance and good repentance attitude:
After being arrested for a crime, the defendant has been deeply blaming himself and regretting what he did. Therefore, although his family is poor, he still expressed his willingness to do his best to return the stolen money and asked his family to help him return it as soon as possible. His attitude of repentance has also been fully supported by his family members, and the defendant actively cooperated with the investigation organ during interrogation, voluntarily and truthfully confessed all his criminal acts, and he has a good attitude of pleading guilty, and his repentance and repentance are beyond words. When the defender met, the defendant also repeatedly expressed remorse. Because the defendant confessed all his crimes sincerely and thoroughly after being taken compulsory measures by the public security organs, he sincerely pleaded guilty and served the law, and the facts of his confession were very consistent. It shows that the defendant is less dangerous and easy to reform.
Five, the defendant is a first-time offender, subjective malignancy is not deep, and less harmful to society:
The defendant committed this crime for the first time and had not received criminal or administrative punishment before. The motive of this crime is not hatred of society, mainly because the defendant is unconsciously greedy for petty profits under the pressure of high debts and induced by others, so the defendant is not the kind of vicious and stubborn criminal. The defendant's subjective malignancy is not deep and the social harm is small.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 32 of the Criminal Procedure Law.
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
Article 27 of the Criminal Law of People's Republic of China (PRC)
An accessory who plays a secondary or auxiliary role in the same crime is an accessory.
An accessory shall be given a lighter, mitigated or exempted punishment.