As the saying goes, a gentleman loves money and takes it in a proper way, and wealth ultimately depends on personal hard work and wisdom to create, but in real life, there are always people who try to get something for nothing and make profits in an illegal way, and theft is one of them. The lawyer of Beijing Guanling Law Firm once had such a suspected theft case, the suspect could not bear the multiple blows such as the divorce of his parents and the failure of the college entrance examination, and went to the mall to steal the goods in the store in order to seek excitement. When a criminal penalty is imminent, the lawyer intervenes in the case to help the client obtain a decision not to prosecute.
Many years ago, Zhang Haifeng and Li Yunyi, who lived in Xicheng, Beijing, decided to divorce due to a broken relationship, considering that their daughter Zhang Xiaoling was still young, the two decided to tell her the truth when their daughter became an adult. Paper can't keep the fire after all, three years ago, Zhang Xiaoling inadvertently learned that her parents had been divorced for many years, and she couldn't bear the blow She became more and more depressed, and later Zhang Xiaoling was diagnosed with anxiety. At that time, it was at the critical stage of the college entrance examination, but Zhang Xiaoling was abnormal due to psychological problems. Under the high pressure of failing the college entrance examination and repeating, Zhang Xiaoling had the idea of seeking excitement.
Driven by this idea, Zhang Xiaoling went to the mall several times and stole several items in the store. She knew that stealing was wrong, but she couldn't control herself, and the tug-of-war between the two thoughts made her very painful. Eventually, she decided to confess to her parents. When her parents learned about the incident, they regretted their lack of care for their daughter and did not know how to deal with it. In the end, the two came to Beijing Guanling Law Firm for help and entrusted Guanling's lawyer to serve as their defender.
After the lawyer intervened in the case, she met with the client as soon as possible, instructed her to apologize and compensate the mall operator, and successfully obtained the other party's understanding. He also suggested that Zhang Xiaoling voluntarily turn himself in and admit guilt and accept punishment in order to obtain leniency.
During the period of criminal detention, lawyer Guanling repeatedly communicated with the police, pointing out that Zhang Xiaoling had just turned 18 years old when he committed the crime, his mind was not yet mature, he had little social experience, and although he committed something wrong on the spur of the moment, he actively repented afterwards, and there were circumstances of voluntary surrender, and the danger to society was extremely small, and he successfully helped him get released on bail pending trial.
On this basis, lawyer Guanling submitted a defense opinion to the procuratorate: Zhang Xiaoling voluntarily surrendered after the case and truthfully confessed, and there were circumstances of voluntary surrender, so he could be dealt with leniently in accordance with the lawBefore Zhang Xiaoling turned himself in, his family actively contacted the victim to apologize and compensate, and obtained the victim's forgiveness, but did not cause economic losses to the victim. The victim also requested the judicial organs to give Zhang Xiaoling the greatest degree of leniencyZhang Xiaoling's capacity for criminal responsibility was limited when he committed a criminal act;Zhang Xiaoling is willing to admit guilt and accept punishment, has no criminal record, and is a first-time offender and an occasional offender.
In the end, through the unremitting efforts of lawyer Guanling, the procuratorate adopted his opinion and made a decision not to prosecute Zhang Xiaoling.
In this case, Zhang Xiaoling violated Article 264 of the Criminal Law, stealing public or private property, and the amount is relatively large, or committing multiple thefts, burglaries, thefts with murder weapons, or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine;where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
However, if the circumstances of the crime are minor, and there are circumstances such as surrendering voluntarily, returning all stolen funds, admitting guilt and accepting punishment, and reaching a criminal settlement, criminal punishment may be waived on the basis of article 37 of the Criminal Law of the People's Republic of China. In accordance with the provisions of paragraph 2 of article 177 of the Criminal Procedure Law of the People's Republic of China, where the circumstances of the crime are minor and it is not necessary to impose a criminal penalty or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
In addition, if the amount of property stolen is relatively small, the conduct constituting the crime of theft shall generally be punished in accordance with the provisions of the Public Security Administration Punishment Law, and no criminal punishment is required. It is worth noting that for some specific acts of theft, as long as the theft is committed, even if the conditions for a relatively large amount are not met, it will constitute a crime because of the social harm of the act. These include: multiple burglaries, burglary, theft with a weapon, pickpocketing.