"On Yuanyuan Liu subjective

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Defense lawyers: huge amount of theft, lack of legal basis
For the outcome of the trial courts, Yuanyuan Liu's lawyer,http://eiga.yokkaichi.org/sunbbs2/sunbbs.cgi?mode=form&no=1942&page=, Lvmeng Xiang raised an objection. The focus of the problem,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, the amount falls attempted theft,louboutin soldes, whether it is 300,008 dollars.
Lvmeng Xiang said: Yuanyuan Liu huge amount of theft, the lack of evidence to support this plot and legal basis.
Lvmeng Xiang explained: "Yuanyuan Liu first with a debit card test, the maximum input of 2000 yuan, indicating that he did all the cash in the ATM machine at the prosecutor wants to record his inquiry, he (Yuanyuan Liu) also refers to himself. just wanted to gather travel money.
Therefore,hogan, Lvmeng Xiang pointed out: "On Yuanyuan Liu subjective, there is no intentional possession within two ATM machines more than 30 million in cash ideas."
Meanwhile, at that hearing,  will Wuxue City People's Hospital,abercrombie outlet online, Hangzhou Ankang Hospital Two medical certificate, submitted as evidence to the court. said: "From an objective, Yuanyuan Liu can not use a small pair of scissors, debit card, cash was stolen ATM machine inside."
Lvmeng Xiang purpose in doing so, is to prove:. ". Yuanyuan Liu is Oufan and subjective bad faith is not at the same time, Yuanyuan Liu with mental disorders, and mental retardation condition, can not bear full criminal responsibility."
Father
Yuanyuan Liu was born in October 1986, the only son of his parents. Father Liu Tong Kim, mother Zhangfu Zhen, are ordinary farmers in Hubei Wuxue Asan village Shifosi town.
After learning that his son suffers from mental problems, parents never went out to work. However, Yuanyuan Liu remained indifferent to them.
So far, Liu Jintang still clearly remember, last September, Yuanyuan Liu quit Wuxue a hotel waiter job and decided to work in the southern scene.
"My mom did not agree with him, that this child is too stubborn, to the big city to work will suffer," Liu Jintang told reporters, "As a result, Yuan Yuan, and we do not speak for several days. Also always trivial to point temper. "
So,http://gamsa.net/guestbook/index.php?item/create_form/1, before Yuanyuan Liu Hangzhou, parents ignorant. Early October day, Yuanyuan Liu suddenly walked out, "He left a note, telling us that he went to Hangzhou to work," busy with farm work, Liu Tong Jin did not think, "out the door,http://swiftstep.gotoip4.com/home.php?mod=spacecp&ac=blog&blogid=, he does not have much money belt, we think he will be back soon. "
But the accident happened, on October 22, 2008, Zhang Fuzhen Hangzhou Riverside District Detention Center received a telephone.
That day, Asan village raining, Zhangfu Zhen pale rushed out of the house, and ran toward the field. "Trouble! Son in trouble!"
She had been scared the whole body melted phone content, not in the field ran a few steps, heavily planted in wet soil,woolrich outlet, "Son offender, was arrested! You go and listen to the phone."
Liu Jintang looked at his wife's mouth covered with mud, a long while back, but God ......
Lawyers argue case
Such cases should be sentenced:
Hangzhou five of director of law firm, level letter to the reporter's lawyer Tong Songqing
This case is not the same and Xu Ting, Xu Ting ATM machine to take the money because the machine is broken, so we pilfering. But this case is not in the case of pilfering money. Harm and nature of the two completely different people took away like a forgotten wallet, one is forced open to others lockbox money.
Bring tools of crime have premeditated theft, of course, have a heavy sentence. Sentencing is abnormal weight? I think it is appropriate. Here we must consider two episodes, the first episode is the amount of theft, Liu pry the two ATM machines, the amount of three hundred thousand, a huge amount of the theft, the minimum sentence is life imprisonment, the maximum sentence is death.
Of course have to consider the second episode that attempted theft, under the general principles of criminal law, can reduce or lighter punishment. Mitigate a stall is between ten to fifteen years imprisonment and sentencing,http://www.aptnsw.org.au/cgi-bin/show_blog.cgi, irreducible, and otherwise in violation of the criminal law. So finally given a ten-year term of imprisonment,louboutin pas cher, which is appropriate.
Judicial judgments for such cases is not currently controversial. But when the legislation clearly do not have much consideration to the ATM machine repeatedly stolen. Law always lag. 97 years ago, when the legislation is mainly on account of theft treasury to the death penalty, while the treasury can only stolen financial institutions, so we made the theft of financial institutions shall be liable to the death penalty provision.
10 years of practice has proved that the case of the theft of the treasury may only appear in American movies. ATM machine stolen but have often occurred, even if the case of theft consummated, under the law, is no period between the death penalty should still be too heavy, and in the law does not pre-modification, the draconian measures can only use.
Case actually reminds us of theft of financial institutions to re-examine this heavy penalties. There are likely to occur in the future,woolrich sito ufficiale.
Such cases should not be sentenced to:
Hangzhou Lawyer He Changming day letter saying
For the case of a judgment, there are lawyers put forward different views.
He Changming lawyer said: "If the theft was founded on the premise, then built according to the ATM machine and some cash, to assess the amount of attempted theft, it should be no problem."
But He Changming lawyers still think: Yuanyuan Liu should be acquitted. "The reason is precisely that the theft of this case does not hold."
He Changming lawyer said: "a small folding scissors, is strong evidence of theft does not stand!"
"They all know, ATM machines belonging to highly sophisticated, rugged machine, would like to use a small pair of scissors and a debit card, it will be removed within cash ATM machines, is clearly impossible," He Changming lawyer stressed that " In law, this behavior is known as 'significant impossible'. "
"The defendant's conduct, like someone holding a slingshot, on the day of shooting and shouting 'I want to play down the plane!'" He Changming says, "Is this person should be a 'threat to public safety crime' is ruling it?"
said: "In contrast to this case, from the behavior Yuanyuan Liu's point of view, he is such a ridiculous thing to do."
"Yuanyuan Liu was diagnosed with mental disorders, mental and only 65 percent of normal, he would think that holding a small pair of scissors and a debit card, you can stolen cash from an ATM machine in,hogan," He Changming believes that "at the time of the judgment, the judge only accepted evidence that he bears full criminal responsibility. "
"But in judicial practice, water for human cognition, mental problems, should be taken into account category." He Changming said.
Therefore, He Changming lawyers believe that the focus of the case, not the attempted theft of a given amount of volume, "the defendant's cognitive level, should be the focus of the debate."
Case Links
Case I: June 21,giubbotti woolrich, 2007 night, Jilin man Li Shicheng, 40 years old, unemployed. Anhui Province to Shanghai that night just to make a living. Because penniless, wanted to use the road, picked up a kitchen knife to pry open the bank's ATM machine to steal money.
Assigned to the night 22:30 23 am, Li Shicheng has sneaked into Xinzha, within three self-service banking on Nanjing West Road, with a kitchen knife on the two banks of deposit machine multimedia terminals and a bank with a cash of RMB 61,350 (within million) were destroyed burglary, attempted theft of the machine within the money. But did not do so prized open.
After police arrived on the scene, Li Shicheng knife and want to cut the police, was arrested on the spot uniforms. The court ultimately sentenced him to prison for robbery four years six months.
Case II: May 22,abercrombie outlet milano, 2007, Tianjin Yu Li, at the time of Hedong District,tn pas cher, check out the location of a bank found that this savings bank subsidiary of the room were damaged rear window,air max femme pas cher, and the window of the iron fence can be removed. YU Li see take advantage of,http://www.rockclimbing.com/cgi-bin/gear/search.cgi, they take advantage of the morning, carrying pliers, screwdrivers and other tools of crime,http://www.ma-runet.jp/job_db/profile.cgi, take pry iron fence, drilling window burglary and other means to enter the bank.
ATM machine keys found in the locker room of the employees in an employee's pants pocket, opened the door, the face value of 50 yuan deposit box pry, theft 4450 yuan. The face value of 100 yuan deposit box did not pry.
The court sentenced the man in prison for theft four years and fined 5,moncler sito ufficiale,000 yuan.
Case 3: November 2006 21 at 9 am, Cantonese , due to no money to spend then sneaked into the bike at the Agricultural Bank of Commerce City Xiashan Street branch in Shantou, ATM machines at the entrance, See no one around,http://www.chinahip-hop.com/home.php?mod=spacecp&ac=blog&blogid=, then carrying a fruit knife with a sled ATM machines (memory cash 57,600 yuan) a note inside the mouth ready to cash stolen in the process of skid row are the security guards and arrested by the police found and seized the tools of crime fruits Knife 1.
Court to theft (attempted), Wuzhen Qin sentenced to one year imprisonment and fined five thousand yuan.