During the two years in college, our law students have studied a series of substantive and procedural laws, such as criminal law, criminal procedure law, administrative law, administrative procedure law and civil law. Last two weeks, in order to let the students have a deeper understanding of these laws, all the students in the 07 law class of our college conducted a mock trial under the guidance of Mr. Feng Zhe. The mock trial is conducted in accordance with the requirements of the school's legal practice report.
Our whole class took part in the mock trial this time, and everyone was very excited. But the disadvantage is that the documents in our class are different from others. There is nothing substantial in the file except the confession, which undoubtedly gives us a great test. However, with the joint efforts of all our classmates and Mr. Feng Zhe, we successfully completed the task.
In this mock trial, I played the defense lawyer for the defendant. Becoming a lawyer has always been my dream, so it's exciting and disturbing to simulate my dream role for the first time. When I got the document, I couldn't wait to read it, not only its content, but also its order, because I had never seen a real document, which gave me a chance to go from theory to practice.
What case is this mock trial? Stealing railway transportation materials together? The facts of the case are as follows: four defendants were suspected of jointly stealing railway transportation materials in five cases, and 1 defendant was suspected of covering up and concealing the crime. Through the whole trial, I learned that the whole trial consists of court investigation, court debate, defendant's final statement and court verdict. What impressed me most about the trial was the court debate stage, which made me understand that a lawyer must have rich extracurricular knowledge, speech skills and super adaptability. For example, in order to protect the interests of clients, defenders need skills to cross-examine witnesses and ask questions to plaintiffs within the scope permitted by law. Through this mock trial trip, I really realized the loftiness and justice of the law and strengthened my determination to become a lawyer.
In the process of participating in this mock trial, I have a deeper understanding of theft and distinguish between the principal and the accessory, especially surrender.
After the mock trial, I have a deep understanding of the distinction and filing standards of theft with a large amount, a huge amount and a particularly huge amount. So-called? Huge amount? Refers to the amount of theft of public and private finances during 500 yuan -2000 yuan. Huge amount? Refers to the theft of public or private property ranging from 5,000 yuan to 20,000 yuan. The amount is particularly huge? Refers to the period of stealing public and private finances from 30,000 yuan to 654.38+10,000 yuan; The standard for filing a case is a large amount and multiple thefts.
Whoever plays a secondary or auxiliary role in a joint crime is an accessory in accordance with the provisions of Article 27 of the Criminal Law of People's Republic of China (PRC). An accessory shall be given a lighter, mitigated or exempted punishment. This is a statutory mitigated punishment. Before the mock trial, I always thought that there was nothing to say. In the case of the topic, the principal and the accomplice could see it at a glance. But once you come into contact with a real case, it's not the same thing at all. In a real case, it is difficult for us to judge the role of the perpetrator in a joint crime, unless it is a very simple case. Here together? Gang theft? I defended my client from the source of the second defendant's crime tools, theft intention, proceeds from the sale of stolen goods and the specific role he shared in the joint theft. The most exciting thing is that my defense opinion was adopted by the presiding judge.
At the end of the mock trial, that is, during the court debate, when the prosecution commented on my defense, I was shocked that I made a mistake in applying the law. I have always thought that special surrender only requires criminal suspects, defendants and criminals serving sentences to truthfully confess their other crimes, and the judicial organs have not yet mastered them. When the public prosecutor read out the provisions of the second paragraph, he said that only by confessing to the judicial organs the crimes already mastered by the judicial organs or the crimes determined by the judgment can special surrender be constituted. I have never found this problem before I participated in the mock trial, and I have never seriously deducted my words. However, this has sounded the alarm for my future legal road and made me realize that law is a serious matter. I will pay more attention to this aspect in the future. Thanks to the prosecutor of the mock trial for helping me point out my mistakes.
Through this mock trial, I benefited a lot and got a deeper understanding of the profession of lawyer. Finally, I thank the school and the tutor for providing us with such a good practice opportunity. I am sure that I will study law harder in the future. Thank you teachers.
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