"I will take him to Xi'an for treatment in the future, thank you for giving him a chance, I will also care more about him." Liu's mother bowed to the prosecutor after speaking, and Liu, who was not good at words, rubbed his hands and said, "Thank you... Thank you prosecutor", the two turned away with the decision not to prosecute. Watching the mother and son leave, I hope that he will have a new future.
1
In September 2020, Liu repeatedly transferred 644 yuan in Cao's Alipay to himself in the name of borrowing mobile phone calls while surfing the Internet in an Internet café, and returned 600 yuan after being discovered; From October to December 2021, Liu transferred 278 yuan from Yang's WeChat to himself several times in the same way; One day in December 2021, while working in an Internet café, Liu took advantage of the fact that the Internet café was empty, and stole 700 yuan in cash from the bar drawer, which was deducted from his salary after being discovered by Zhou; In June and July 2022, Liu stole 140 yuan and 700 yuan in cash from the Internet café in the same way, and returned 100 yuan after being discovered by Zhou
2
In November 2022, after the procuratorate accepted the case, I preliminarily reviewed the case materials, and the process of handling such cases had flashed in my mind, the amount stolen by Liu had just stepped on the line, and there were many thefts of other people's property, and it was completely okay to file a public prosecution and recommend the application of summary procedures for trial. But when I summoned Liu for the first time according to the law, I couldn't contain my surprise, I thought that the 20-year-old guy should be in full bloom, but in front of him he was thin like a twelve or three-year-old minor, the whole person looked very restrained, the eyeballs were obviously prominent, the eyelids were pulled as if he couldn't open his eyes, he stammered when he spoke, poured him a cup of tea, I patted him on the shoulder, so that he didn't have to be nervous, and when he signed at the end of the interrogation, I found that his hands were still shaking badly. In further understanding, I learned that Liu suffered from severe hyperthyroidism and was difficult to find a job, and had been working as a network administrator in an Internet café before, surfing the Internet when he was fine, and stealing some money from people around him when he ran out of money. I asked him, "What are you going to do if you don't think about the future?" He smiled embarrassedly and said, "My body is like this, and no one at home cares about me, anyway, it's a day to mix." I trembled in my heart, remembering the phrase "happiness is always similar, unfortunate people have their own misfortune", I didn't say anything, returned to the office and carefully reviewed the case file materials, although this case meets the standard of prosecution, but even if it is a suspended sentence, the criminal experience will always accompany him, can he have a chance to rehabilitate? I was lost in thought......
After reviewing all the case files, I summoned Liu again, but this time I called his guarantor, his mother. In the office, I saw Liu's mother, a middle-aged woman dressed plainly, but her face was a little more haggard than her peers, and I asked her: "Do you usually care much about your son?" She waved her hand and said: "His father has been working outside, I take care of it alone, I work as a back kitchen in the cafeteria, I have to get up at five o'clock in the morning, he usually doesn't live at home, how can I control him..." I looked at Liu, who rubbed his hands, and said to his mother: "Your son is only 20 years old, there are good years waiting for him behind, you let him go now, what if he can't become a family when you are old?" Who will honor you? She lowered her head and said: "My son is still more obedient, I am usually busy working and do care less about him, and he is seriously ill, and I don't know when he is a head." Seeing her wipe her tears, I comforted: "In fact, his disease can also be cured, and everything will be fine when he is healed." I said to Liu again: "Parents are not easy, we are all parents, where parents do not want their children to be good, you should find a job, nothing to go home to accompany your mother." "After a long conversation, I sent the mother and son away. In accordance with the regulations on handling the case, I solicited the opinions of all prosecutors at the joint meeting of post prosecutors, many of whom believed that Liu had committed a large number of thefts and should be prosecuted.
A few days later, I drove with the deputy prosecutor in charge to a village in Nanzheng District, and the bumpy road made us all a little uncomfortable, but we also firmly understood the purpose of the trip. Saw Liu's mother at the entrance of the village, she saw us quickly squeezed out a smile, our group walked a rough road, saw an unpainted red brick house, the house looked a little dilapidated after a long time, Liu's mother took out a stool to wipe, and said embarrassedly: "Usually I come back once a week, busy and don't have time to clean up, don't mind." During the conversation, I learned that Liu's father worked far away and came back once a year, and it could be seen that the mother, who had been tempered by the years, silently supported everything in the family. After saying goodbye, we came to the village committee, and the staff told us after asking Ming's intentions that Liu's parents were both farmers, and they were relatively honest, his father now worked outside the home all year round, and Liu had not heard of any bad behavior when he was in school. Hearing this, I slowly had the answer in my heart, and on the way back, I contacted Liu to ask him to write a review. When I hung up the phone, the street lamp suddenly turned on, it gently shone in the softest corner of my heart, exuding warm power, I squinted my eyes and looked at the light source, vaguely saw the back of a child running happily, and remembered what Kant said: I am superior, brilliant starry sky; Moral commandments, in my heart.
The next day, Liu sent the review book he wrote, although the handwriting is crooked, but the reflection on himself is still relatively deep, asked about his recent situation, he said that he found a job, worked as a back kitchen in a restaurant, the salary is not high but it is a new beginning, I smiled and nodded to him with satisfaction. Subsequently, I asked the opinions of the three victims, because Liu's mother returned all the stolen funds in time after the crime, and the victims expressed their understanding. On the day of the public announcement of the decision not to prosecute, Liu and his mother came, and his mother showed a rare smile on her face, and she said with a little excitement: "My son has grown up after this experience, he doesn't go to the Internet café to fool around, and he has found a serious job, and now he will go home on weekends to live, and I will also make something delicious for him to improve his life." Saying that, she patted her son on the shoulder, and Liu also showed a childlike smile, and in an instant I was touched by the long-lost warmth of their mother and son...
After sending off the mother and son, my colleague looked at my slightly tired eyes and said jokingly: "You are a small case and a big deal, you are stepping through mountains and rivers, and you are wearing stars and moons, who can see you doing these jobs?" I took the conversation and said, "When you say this, I really remember a story, one day after the tide of the sea receded, a hole was formed in the sand, and there were many small fish trapped in it, and a little boy saw it and held the fish into the sea again and again with his hand, and when someone passed by, he asked the little boy, who cares if you do this, and the little boy didn't raise his head and said, 'This little fish cares, and this... This...'. In fact, handling cases is a daily job for us, but for the party may experience such a once in a lifetime, one of your decisions may change his life, if so, why not go one step further as possible and do your best to save, even though they are just ordinary 'little fish'. ”
Justice for the people
"When leniency is lenient, when it is strict, it is strict", but there is never a mechanical boundary between leniency and strictness, and the judicial considerations behind the case are the full integration of reasonable law under the law, the concentrated embodiment of fairness and justice in resolving conflicts and disputes, and the sense of rule of law that the people can personally experience in every ordinary case.
Source: Hantai District People's Procuratorate Liao Jun