"This criminal verdict is now in full force." Chen Ningyi, an assistant judge in the criminal division of the Tinghu Court, told reporters with regret, "If Peng Zhili (pseudonym) knew some law, it might be another result now." ”
Lan Liangliang (pseudonym), a foreign boy who had the idea of robbery due to economic constraints, "recruited" accomplices online, but he did not expect that there was really a response: Peng Zhili and Liu Cheng (pseudonym, another case) of Tinghu people successively agreed to the appointment and targeted the robbery target at a jewelry store in the city that Peng Zhili was more familiar with. In order to help them familiarize themselves with the environment, Peng Zhili took them to the jewelry store to step on the spot, and Peng Zhili also carried three pairs of masks to use when committing crimes.
A few days later, when they drove to the target site again, Peng Zhili felt frightened and wanted to quit, so he asked Lan Liangliang to send him home. After returning home, Peng Zhili deleted the contact information of others and stopped contacting them. The next day, Lan Liangliang, who could not contact Peng Zhili, and others still went to the jewelry store to wait for the opportunity to commit a crime, and were arrested by the public security police on the spot. Soon Peng Zhili was also captured.
Trial Court (Infographic)
In the end, after the court trial, Lan Liangliang committed robbery and was sentenced to 1 year in prison and fined 1500 yuan; Peng Zhili committed robbery and was sentenced to 10 months in prison and fined 1000 yuan.
The judge was interviewed by reporters
Hoping to restrain the horse from the precipice, and has already "left the scene halfway", why did Peng Zhili still have to be sentenced? During the interview, Chen Ningyi told reporters that some people may think that although Peng Zhili carried out the crime of robbery, he automatically gave up the crime, which should be a criminal suspension, and should be investigated for criminal responsibility for robbery (suspension), and the punishment should be mitigated.
"We believe that Peng Zhili, Lan Liangliang, and Liu Cheng made advance planning for the robbery crime, and carried out a corresponding division of labor, and also conducted an on-site investigation of the perpetrators together, which is a typical crime preparation behavior." Although all of them stopped at the preparatory stage of the crime, their acts still constituted a joint crime, and the acts of all three should constitute robbery (preparation). Although Peng Zhili voluntarily gave up the crime, he did not clearly inform his co-defendants of his intention to abandon the crime, nor did he eliminate the negative influence of leading his co-defendants to familiarize themselves with the place of the crime. In fact, when the patrol officers caught Lan Liangliang and others, they were preparing to commit robbery crimes. Therefore, Peng Zhili's conduct cannot be established as a criminal suspension in the preparatory stage. Of course, compared with Lan Liangliang, Peng Zhili's subjective malignancy is small, and his role in the joint crime is relatively small, so we identified him as an accessory and gave him a lighter punishment compared to Lan Liangliang. Chen Ningyi introduced.
【Ji dialect French】
Yoshinori No. 1
Young people are easily impulsive and adversely affected by the outside world, and it is easy to get together to do something out of the ordinary or even illegal and criminal. When they realize the seriousness of the problem and hope to stop the horse from the precipice, they often think that as long as they close it in time, everything will be fine.
However, after communicating with the judge, the reporter learned that in the case of a joint crime, if someone wants to stop, only by voluntarily disengaging from the accomplice relationship can a criminal suspension be established. The condition for detachment is not only to stop itself automatically, but also to eliminate the physical and psychological causality of one's own actions for the joint crime. To put it bluntly, it is to clearly tell others that "I will not do it." If it is a mastermind, it is even more necessary to effectively prevent the crime of others. In addition, it is necessary to eliminate the physical role of helping, and if one's preparatory act provides a physical role for the joint crime (the preparation of tools, the creation of conditions), these physical effects should be eliminated.
Returning to this case, although Peng Zhili felt afraid after premeditating a crime with Lan Liangliang and others, he voluntarily gave up the crime by blocking WeChat and refusing to participate, but he did not clearly inform Lan Liangliang and others of his intention to give up the crime, nor did he eliminate the adverse influence of leading his co-defendants to familiarize themselves with the place of the crime. Therefore, his conduct cannot be considered as a suspension of the crime at the preparatory stage.
So how can we correctly "restrain the horse from the precipice"? It's not complicated! You can directly discuss with your accomplices to "fight back". If the accomplice does not heed the advice, go to the public security organ to explain the situation and help the public security organ to prevent the occurrence of harmful results. In this way, there may be some responsibility, but it will certainly be much lighter. As Chen Ningyi introduced, if Peng Zhili can understand some laws and report to the police in time after he withdraws on his own, his sentence will be greatly reduced, and if there are no consequences, he may even be exempted from criminal punishment.
Of course, instead of stopping the horse from the cliff, it is better not to have evil thoughts in the first place!