The farmers “find” to a single orphan pig at the gas station and then replant it. A few days later, the missing person called the police. Three farmers were arrested and prosecuted on suspicion of theft. Despite the understanding of the other side that $8,000 had been compensated for the loss of the owner, three farmers were sentenced to eight months ' imprisonment, one year's probation and a fine of $5,000 each for theft。
"i didn't think that picking a pig would cause us so much trouble!" on 19 october, it was mentioned that mr. Wang and his wife in jilin prefecture had been groaning about what had happened to them。
Incident: found in the gas station a motherless pig3 farmer who took him home to raise him
Mr. Wang told the chinese businessman that he was a rural farmer, 43 years old, from matsuhara, jilin province。
“i run a large harvester, running around the surrounding villages every year during the agricultural holidays.” mr. Wang said that he was often assisted by his wife and brother li and brother wang due to lack of manpower。
Mr. Wang said that there was a gas station in the neighbouring village, 78 miles from their village, and he used to refuel at the gas station during the rural holidays. “sometimes, for convenience, the harvester was placed at the gas station at night and left the next morning”
Mr. Wang recalled that early in the morning of 14 october 2020, he and his brother-in-law and brother-in-law, among others, came to the gas station to prepare for work and found a small malfunction in the harvester. “when i fixed the harvester and was ready to leave, i suddenly found a big white pig coming to me. I don't know where the pig came from, thinking it fell from a big car near the gas station. They asked the gas station staff and the owner of the car who was refuelling, saying that the pigs were not theirs and that they did not know where they came from.”
When he sees no one taking care of the pig, mr. Wang negotiates with his brother-in-law, his brother-in-law, and first grabs the pig, pulls it back to his family, and if anyone looks for it, gives it back. Mr. Wang said that since then, with the help of the petrol station staff, they had caught the pigs and dragged them into his home with a four-wheeler. “when i was leaving, i specifically told the gas station staff that i'd take the pig and if anyone came, tell him to come to my house.” according to mr. Wang, the gas station is monitored and all of this can be confirmed from the monitoring。
Volkswagen: no agreement was reached between the two parties on the return of pigs. Stay
Mr. Wang's wife, ms. Lee, said that when mr. Wang and others had dragged the pigs they had “picked up” to their homes, they had been thinking that if someone came looking for them, they would be taken away from their homes. “the rural people treated the cat, the dog, the pig, and so on.”
Ms. Lee recalled that, on the afternoon of 26 october 2020, the police officers at the local police station had found her husband's brother-in-law and asked whether they had found a pig at the gas station. Mr. Wang's brother-in-law said he had found it and then took the civilian police to see the pig at mr. Wang's house. Subsequently, mr. Wang's brother-in-law was taken to the police station for information。
“at about 4:30 p. M. On the same day, the police station called us and said that the pigs were lost to the neighboring village's grandson, so let's negotiate compensation.” mr. Wang said that they had proposed that, if the pig had indeed been lost, they would have agreed that sun would have taken it away. However, according to the police station, sun's pigs were the mother of the farm, and mr. Wang and others brought them home for more than 10 days, leaving the pig out of his fear of being affected by the epidemic, and allowing wang's men and others to compensate him for the loss of $12,000。
Mr. Wang and his family cannot accept this claim. On 27 october 2020, mr. Wang and his wife reached out to sun yao to negotiate the return of the pig. “on the same day, we called sun kochi, who said that the pigs were for $6,000, that the pigs were for over 20,000, that he wanted less than $12,000 from us, but we thought we were picking pigs, not money. Besides, the pig couldn't be worth 12 grand, and he didn't agree to sun-chi's request."
“we have different villages from the same town as sun, but my brother and sun are classmates.” ms. Lee said that, from the beginning to the end, sun had never come to her house to identify a pig, but the police station maintained that the pig belonged to sun and wondered on what basis
On 29 october 2020, three persons, mr. Wang and others, were held in criminal custody. Stay
Ms. Yang said that since there had been no agreement between the parties on the return of pigs, on 29 october 2020, three persons, including their husbands, had been detained by local public security authorities on suspicion of theft. The following day, the local police station took the pig away。
Ms. Lee said that on october 30th, 2020, the local police pulled the pigs from the pick-up. Come on
Public prosecution: public prosecution of 3 farmers for theft
Ms. Lee said that, after their husbands and others had been held in criminal detention, in late november 2020, in coordination with the persons concerned, they had compensated sun yai for the loss (cash) and had written them a letter of understanding。
On 2 december 2020, three persons, including mr. Wang, were placed on bail。
On 7 june 2021, three persons, including mr. Wang, from the people's procuratorate of the longridge district, were charged with theft before the people's court of the longridge district。
The public prosecutor's office charged that on 14 october 2020, at around 5 p. M., the accused wang no. 1 (mr. Wang), wang no. 2 (mr. Wang's brother-in-law) and li (mr. Wang's wife and brother-in-law) saw a white sow coming to the gas station when he was working at a gas station in a town. On the proposal of wang one, the three men together carried the white sow to wang one's four-wheeler and brought it to wang one's family. The three men did not inform the others of the matter, nor did they inform the public security organs or the village council。
On 26 october 2020, after being warned by the lost grandson, the civilian police found the stolen mother pig at one of wang's houses. The value of the stolen mother was $8,000, as determined by the long ridge county price certification centre. On 25 november 2020, wang's wife, mr. Wang's sister, compensated sun for some financial damage, and sun offered understandings to the three。
In response to these allegations, the district prosecutor's office submitted relevant evidence to the district court. The public prosecutor's office held that the three defendants who had stolen the belongings of others secretly for the purpose of illegal possession, in large amounts and in violation of the criminal law, should be held criminally liable for theft. Wang one, wang two and lee one guilty plea are eligible for leniency according to law。
Turning to the signing of the confession, mr. Wang and ms. Lee said that they were farmers and did not understand the law. After mr. Wang's arrest, the whole person was stupid, and it was only after many signatures that he realized that it was not true and that it should not have been。
Judgement: court of first instance suspended three persons for theft without appeal
In response to the prosecution by the district prosecutor's office, the district people's court applied summary procedure in accordance with the law and conducted a single trial in which the case was heard in public。
According to the first instance judgement obtained by the journalist of the chinese commercial press, during the trial three defendants did not contest the facts and charges charged by the public prosecution service, nor did they defend or defend themselves. Mr. Wang and his family also did not have a defence counsel for three persons。
The facts ascertained by the district court were consistent with those alleged by the district prosecutor's office. The above facts were also contested by the accused, wang, wang, and li during the trial. The court found that the theft of property by the accused, wang, wang, wang, and li, for the purpose of illegal possession, in a relatively large amount, constituted theft. In the case of a joint offence, wang proposes to commit the offence, with relatively high liability. Upon arrival, three persons confessed to the crime, pleaded guilty, one through his family actively returned the proceeds, and the three accused obtained an understanding of the victim's conduct and received a generous sentence in accordance with the law. After community visits, three persons were eligible for probation。
On 17 june 2021, the district court of nagasaki handed down a first instance judgement in which one or three of wang's first class was convicted of theft and sentenced to eight months ' imprisonment, one year's probation and a fine of $5,000 each。
In june 2021, the district court of nagasaki, in its first instance, sentenced wang to eight months ' imprisonment, one year's probation and a fine of $5,000 each for theft
Complaints: after the judgement has entered into force, the parties submit a complaint to a number of local authorities
“if we really did steal, we would sell the pig or kill it for meat. Why have we been waiting for the lost? We really don't understand the law. If we knew it was illegal to catch pigs, we wouldn't do it."
Ms. Lee said that, because of lack of knowledge of the law, no appeal had been lodged by any of the three persons following the first instance judgement. The more they want to feel innocent after the judgement comes into effect, the more they find themselves, through consulting professionals, who do not believe that they are guilty of theft, have informed several ministers of the matter and are now in the process of filing a complaint。
Is it true what mr. Wang and ms. Lee said? On 19 october, journalists from the chinese commercial press contacted the local police station and the court of first instance。
The local police station concerned stated that mr. Wang's case was not known and that the director had been transferred to contact the police station supervisor for information. On the morning of 19 october, a chinese journalist contacted the police station director on several occasions and the telephone was never heard。
The relevant judge of the people's court of the long ridge district stated that the mother pig from sun's farm ran out of the farm and passed through the gas station. Three people, mr. Wang chi (mr. Wang), who knew that they were not pigs, were still pulling them away from their car. The subjective intent of illegal possession was so obvious that it could not be considered “pick-up”. Although wang argued that he had left a message to the gas station staff at the time: if someone was looking for pigs, he would be contacted. However, the station staff did not know wang chi and wang chi did not leave contact with the station staff. “it is wang who was found by the civilian police through gas station surveillance after the failed police called”
With regard to the argument that the owner did not want pigs for money, the judge stated that during the current outbreak, he had failed to respond to a reasonable claim for compensation because he feared that he would grow pigs to carry the virus in ordinary homes。
The judge noted that during the judicial proceedings, three of wang's class pleaded guilty and that there had been no appeal after the first instance judgement. At present, a person who considers that his or her conduct does not constitute a crime or that there is a problem with the first instance judgement may submit a complaint for reconsideration in accordance with the law。
Description: 3. Whether the acts of farmers constitute theft is recommended by counsel for careful evaluation
Are the acts of mr. Wang and others suspected of being criminal? On 19 october, a journalist from the chinese journal of commerce interviewed the lawyers concerned。
According to the information available, mr. Wang's three farmers, who are senior partners in the shunxi xingda law firm and are known as pro bono lawyers, either committed theft or committed embezzlement. If it is a crime of theft, it can be investigated by the public security organs, and if it is a crime of embezzlement, the victim can only bring a criminal complaint directly before the court and not by the public security organs。
According to zhao, the key to distinguishing between theft and appropriation is whether the pig is separated from the owner, i. E. Whether the pig is within the control of the owner. If the mother is not within the control of the owner and is taken away by three farmers, three farmers are guilty of misappropriation. It is a crime to steal a pig if it is removed within the control of the owner. According to mr. Wang, the plant is several miles from the gas station。
According to zhao, despite the fact that three farmers have not appealed and that the first instance judgement has entered into force, mr. Wang, among others, can still lodge a complaint with the courts to defend their legitimate rights and interests, in accordance with relevant provisions such as the code of criminal procedure。
A fundamental feature of the objective aspect of the crime of theft, as pointed out by counsel of yankong-sheng, is the acquisition of property by means of secret theft. Secret theft means the use of secret means to remove property that is otherwise under the control of others from the control of the original person and to place it under the control of the thief himself。
In the present case, according to the available evidence, the pig was a lost animal, and when mr. Wang and others found the pig, it was not controlled by anyone. Moreover, the case occurred in a public setting, and mr. Wang, among others, had acquired control over the mother, based on the mentality that she might have been separated from the animal she raised, which should be an undue gain under civil law。
“if there is no conclusive evidence that the three men were deliberately seeking to obtain the mother by secret means that do not control the sense of domination, knowing that the sow has clear control over the master, they shall not be evaluated for theft, in accordance with the principle of non-existence of suspicion.”
According to liukong, instead of appealing, mr. Wang and others, and without the presence of defence counsel (or only legal aid duty lawyers) during the examination of the indictment stage, may have voluntarily pleaded guilty to an error of awareness of the facts and law. “the criminalization of sentencing is a highly professional exercise that cannot be determined solely on the basis of a person's voluntary confession of guilt, which should be examined by the judiciary on its own initiative, with a strict distinction between guilt and non-offences, thus preventing abuse of the leniency system.”
“if three people, mr. Wang and others, consider that their actions do not constitute a crime, they can be resolved only by means of a criminal complaint procedure.” liukong-sama concludes。
Reporter of the chinese commercial news, chen, editor, tung lin
(call the chinese merchants hotline at 029-8888000, if available)
