The preditated nature of the cri... This was particularly fatal for his clients because their actions involved going to the pumpkin field in groups, one after another. Although the act of moving pumpkins was done individually, their behavior was, in general, inseparable from organized cri. In the legal sense, organized cri refers to any organized criminal activity intentionally carried out by three or more individuals. Such criminal activities involve multiple people, much like the actions of Zhao Dezhu and others. When multiple individuals enter Hu Wenning’s pumpkin field one after another to steal, it constitutes a joint cri.
In terms of legal definition, organized cri is not determined by the actions of individuals alone but by the position and role each person plays in the cri. For instance, Zhao Dezhu was the first to steal pumpkins and shared this information with other elders. The other elders, tempted by his instigation, followed suit and joined in the theft of pumpkins. Zhao Dezhu was thus considered the principal offender in this case of organized cri, which is subject to more severe punishnt. The monetary value of the pumpkins he personally damaged was only a few hundred yuan, not eting the threshold for the cri of intentionally damaging another’s property. However, as the principal offender, he was still responsible for the actions of the entire ’criminal gang.’ He was accountable for the total property damage of fifty thousand yuan caused by everyone combined. According to Zizhou’s standards for the cri of intentionally destroying soone else’s property, damage exceeding thirty thousand yuan is considered serious. He should be sentenced to fixed-term imprisonnt of not less than three years and not more than seven years. As for the others, based on their subordinate status within the criminal gang, they would all face fixed-term imprisonnt of not more than three years.
After the public prosecutor had made his statent, Zhang Wei took a deep breath and said in a heavy voice, "Judgnt Chief, judges, and the public prosecutor on the other side, I have a point I wish to make clear regarding organized cri. Such cris are mainly targeted at serious offenses such as human trafficking and drug trafficking. Our clients, who are simply powerless elders, weakened by age, should not be subject to organized cri charges.
"According to the Criminal Law, organized and preditated cris should all be punished more severely.
"However, our clients are mostly villagers whose repeated thefts, while reprehensible, should not be judged as organized cri. To do so would be biased in highlighting the value of legal interests and criminal law."
Regarding the organized and preditated nature of the cri, he was indeed caught off guard and unsure how to refute it. He knew that Zhao Dezhu and the others all lived in the sa village and inevitably communicated. With just a bit of interrogation, their testimonies could be obtained. The re existence of "prior agreent" or "advance planning" was enough to constitute such criminal behavior. Therefore, he could only try another angle to gain the collegial panel’s favor and recognition.
From the prosecution’s bench, a public prosecutor stood up again and spoke out loud, "Our office has reviewed the past records of these elders, especially the defendant Zhao Dezhu. Six years ago, Zhao Dezhu was suspected of extortion due to staging accidents on rural national roads.
"Three years ago, Zhao Dezhu had a dispute with Li Si from Li Family Village, resulting in a brawl in which he beat him with a walking stick, causing serious injury.
"Moreover, during the interrogation period, we obtained testimonies from over fifty detained elders. These confird that they would notify each other before stealing pumpkins and go in batches to avoid drawing too much attention.
"The facts prove that under Zhao Dezhu’s influence, there indeed was organized criminal behavior among the villagers.
"The majority of the other villagers are accomplices, while Zhao Dezhu and a few others played a..."
The public prosecutor’s voice was firm and resonant, its echoes lingering in the courtroom.
At the lawyers’ bench, Zhang Wei and Wang Dachui exchanged glances after hearing this. Their expressions inevitably began to sour. Their faces might as well have had the words "we’ve been had" written all over them.
Repeat offenders! As professional attorneys, that was their first reaction to the prosecutor’s evidence. According to criminal law, probation was prohibited for repeat offenders, and they were to be punished more severely. And the things Zhao Dezhu had done before... they had no prior knowledge whatsoever. Zhao Dezhu had never taken the initiative to confess to them! Now in court, it was a complete surprise. In cases of organized cri, the principal offender’s role was crucial. If the principal offender had a prior criminal record, it affected the entire case’s nature. Because of Zhao Dezhu alone... all their clients had been dragged down with him!
「...」
「Jin City. Nursing ho.」
The yard erupted into a noisy discussion.
"Goodness! Is it true? He participated in staging accidents?"
"Indeed, a person doesn’t beco bad overnight; he was already like this!"
"Staging accidents is one thing, but a few years ago he also seriously injured soone? He must have been almost eighty years old back then, right?"
"This person is unremarkable in appearance, but he seems a bit ruthless. He must have been a tough guy in his youth!"
"No wonder these people all looked up to him as their leader. Birds of a feather flock together; none of them are unjustly accused!"
"..."
Zhang Qingyuan and the others were sowhat agitated. They intermittently uttered a few curses. The past cases listed by the public prosecutor were enough to show that Zhao Dezhu had not been a person of good character before. Staging accidents and fighting—these two acts alone—were not things ordinary people would do.
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