Author: Beijing Yingtai Law Firm
[Case Playback].
In early June 2008, defendants Yu Xiaolin, Zeng Wu, Wang Yong, Yu Yuanmin, and Zhu (elsewhere) conspired to steal ferroniobium from the No. 1 converter branch of the steelmaking plant of Baosteel Branch. Later, it was agreed that Li Zhiliang would organize personnel to carry out the theft, and Zhu and Zeng Wu would contact Wang Yong and Yu Yuanmin, and Wang Yong would then contact Zhao Jie, a member of the factory patrol, and let Zhao Jie provide information on the security patrol of the factory, and Yu Yuanmin would release the designated vehicle, and Yu Xiaolin would answer and be responsible for selling the stolen goods outside the factory. Yu Xiaolin and Li Zhiliang also found the defendant Chen Xiaojun and asked Chen to find some more people to commit the theft, and Chen Xiaojun agreed. In June, defendants Yu Xiaolin, Zeng Wu, Li Zhiliang, Wang Yong, and Zhao Jie participated in six thefts. In the 4th and 6th thefts, Wang Yong provided Zeng Wu with the patrol information of the Baosteel plant that Zhao Jie had informed him, and Zeng Wu informed Li Zhiliang that Li informed Chen Xiaojun to enter the factory to steal. When Chen Xiaojun and others were stealing ferroniobium in the Baosteel converter No. 1 branch, he encountered He (elsewhere) and others driving a Jinbei van to steal ferroniobium there, and Chen Xiaojun informed Li Zhiliang that He and others were also stealing and had a car, so Li Zhiliang asked Chen Xiaojun to load the stolen ferroniobium on He's car and transport it out of the Baosteel factory together. Chen Xiaojun informed Li Zhiliang of the license plate number of the Jinbei van, and Li Zhiliang informed Zeng Wu of the model and license plate number of the vehicle carrying the stolen goods, and Zeng Wu informed Yu Yuanmin of the relevant information, and Yu released him. Among them, Chen Xiaojun and others stole 2,050 kilograms of ferroniobium, and Yu Xiaolin, He and others sold 4,100 kilograms of ferroniobium stolen by Chen Xiaojun, He and others to Chen Shelin, and received a total of 850,000 yuan. Defendant Yu Yuanmin participated in the latter 5 thefts, and defendant Chen Xiaojun participated in 4 thefts. Defendant Chen Shelin purchased a total of 8,400 kilograms of ferroniobium from Yu Xiaolin for more than 1.72 million yuan five times. Defendant Xu Jin purchased 1,000 kilograms of ferroniobium from Yu Xiaolin for 200,000 yuan.
The Second Branch of the Shanghai Municipal People's Procuratorate, the public prosecution organ, held that the acts of Yu Xiaolin, Zeng Wu, Li Zhiliang, Chen Xiaojun, Wang Yong, Yu Yuanmin, and Zhao Jie constituted the crime of theft. In the joint crime, Yu Xiaolin, Zeng Wu, Li Zhiliang, Chen Xiaojun, Wang Yong, and Yu Yuanmin were the principal offenders, and Zhao Jie was an accomplice. Defendant Zeng Wu was sentenced to criminal punishment for the crimes of theft and drug trafficking, and commits a new crime during the probationary period of parole, his parole shall be revoked and he shall be punished concurrently for several crimes. The conduct of defendants Chen Shelin and Xu Jin has violated the provisions of Article 312 of the Criminal Law of the People's Republic of China, constituting the crime of covering up and concealing criminal proceeds.
YingtaiLawyers on Law].
Defendants Yu Xiaolin, Zeng Wu, Li Zhiliang, Chen Xiaojun, Wang Yong, Yu Yuanmin, and Zhao Jie ganged up to secretly steal company property for the purpose of illegal possession, of which Zeng Wu and Li Zhiliang participated in 6 thefts, with the amount stolen amounting to more than 1.92 million yuan; Yu Xiaolin, Wang Yong, and Zhao Jie participated in 6 thefts, and the amount of theft amounted to more than 150 yuan; Yu Yuanmin participated in 5 thefts, with a theft amount of more than 160 yuan; Chen Xiaojun participated in four thefts, and the amount of theft amounted to more than 1.38 million yuan, all of which were particularly huge thefts, and the acts of the seven defendants constituted the crime of theft. The public prosecution convicted the seven defendants of the charges, but charged the defendants Yu Xiaolin, Chen Xiaojun, Wang Yong, Yu Yuanmin, and Zhao Jie with the wrong amount of crimes. The public prosecution charged Chen Xiaojun with participating in the prosecution of the charges.
The evidence of the theft in sections 1 and 2 is insufficient, and Yu Xiaolin, Wang Yong, Zhao Jie, He and others do not constitute a joint crime, and only bear criminal responsibility for the 2,050 kilograms of ferroniobium stolen by Chen Xiaojun. Defendants Li Zhiliang, Chen Xiaojun, Zeng Wu, Yu Yuanmin, and He X committed the crime together, and should bear criminal responsibility for the ferroniobium stolen by He. Although Yu Yuanmin participated in the conspiracy to commit theft, he did not participate in the theft charged in the first section of the prosecution and is not criminally responsible for the first theft. In joint theft activities, defendants Yu Xiaolin, Zeng Wu, Li Zhiliang, Chen Xiaojun, Wang Yong, and Yu Yuanmin played a major role and are the principal offenders, and shall be punished in accordance with all the crimes in which they participated; Defendant Zhao Jie played a secondary role and was an accomplice, and Zhao Jie should be given a lighter punishment. Where defendant Zeng Wu commits a new crime during the probationary period of parole, parole shall be revoked, and the punishment for the previous crime that was not served and the sentence given for this crime shall be combined. Defendants Chen Shelin and Xu Jin clearly knew that they were stolen goods that were the proceeds of crime by others, and their conduct constituted the crime of covering up and concealing criminal proceeds, and Chen Shelin was seriously involved.
The Shanghai No. 2 Intermediate People's Court ruled as follows:
1. Defendant Yu Xiaolin committed the crime of theft and was sentenced to 15 years imprisonment, deprivation of political rights for four years, and a fine of 300,000 yuan; 2. Defendant Zeng Wu committed the crime of theft and was sentenced to 15 years imprisonment, deprivation of political rights for four years, and a fine of 200,000 yuan, and the criminal ruling of the Shanghai No. 1 Intermediate People's Court (2008) Hu Yi Zhong Xing Zhi Zi No. 664 on the release of defendant Zeng Wu on parole was revoked, together with the sentence of 2 years, 4 months and 23 days imprisonment and a fine of 14,000 yuan for the previous crime that was not executed, and it was decided to enforce the sentence of 17 years imprisonment, deprivation of political rights for four years, and a fine of 214,000 yuan; 3. Defendant Li Zhiliang committed the crime of theft and was sentenced to 15 years imprisonment, deprivation of political rights for four years, and a fine of 200,000 yuan; 4. Defendant Chen Xiaojun committed the crime of theft and was sentenced to 12 years and six months imprisonment, deprivation of political rights for two years and six months, and a fine of 40,000 yuan; 5. Defendant Wang Yong committed the crime of theft and was sentenced to 13 years imprisonment, deprivation of political rights for three years, and a fine of 50,000 yuan; 6. Defendant Yu Yuanmin committed the crime of theft and was sentenced to 13 years and six months imprisonment, deprivation of political rights for three years and six months, and a fine of 60,000 yuan; 7. Defendant Zhao Jie committed the crime of theft and was sentenced to 10 years imprisonment, deprivation of political rights for 2 years, and a fine of 30,000 yuan; 8. Defendant Chen Shelin was sentenced to four years and six months imprisonment and a fine of 50,000 yuan for the crime of covering up and concealing criminal proceeds; 9. Defendant Xu Jin committed the crime of covering up and concealing criminal proceeds, and was sentenced to one year imprisonment and a fine of 5,000 yuan; 10. Unlawful gains are to be recovered and returned to the victim unit, and the insufficient portion is to be ordered to be returned.
YingtaiLawyer reminds].
Joint crime is the unification of joint criminal intent and joint criminal conduct, so only when the joint offenders have a communication of intent and form a joint criminal intent can a joint crime be found to be established between them. However, when the conspiracy does not have a causal force on the harmful result of a criminal act, the person who conspires but fails to carry out the conspiracy does not need to bear criminal responsibility for the act.