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People's Procuratorate of Changning District of Shanghai Municipality v. Li (given name withheld) (case of theft)
上海市长宁区人民检察院诉李某某盗窃案
【法宝引证码】
  • Type of Dispute: Criminal-->Property Infringement
  • Legal document: Judgment
  • Judgment date: 02-29-2016
  • Procedural status: Trial at First Instance

People's Procuratorate of Changning District of Shanghai Municipality v. Li (given name withheld) (case of theft)
(case of theft)
上海市长宁区人民检察院诉李某某盗窃案
People's Procuratorate of Changning District of Shanghai Municipality v. Li (case of theft) 

上海市长宁区人民检察院诉李某某盗窃案

[Judgment Abstract] [裁判摘要]
Different from the trial of adult criminal cases, in the trial of juvenile criminal cases, courts shall, by applying the relevant provisions in the chapter of “procedures for juvenile criminal cases” of the Criminal Procedure Law based on actual situations and employing mental counseling, legal aid or other methods, educate, persuade and redeem the juveniles accused of crimes under the principle of taking education as the main method and punishment as the subsidiary. Meanwhile, courts shall, by enhancing the social investigation, get to know their personal growth experience, causes for committing crimes which are related to cases, their performance during the period of detention as well as the implementation of the guardianship and opinions on the community correction and take all these information into account when determining whether the probation is applicable. 未成年人犯罪案件的审理方式与成年人犯罪案件不同,应根据实际情况适用刑事诉讼法“未成年人刑事案件诉讼程序”专章中的相关规定,结合心理疏导、法律援助等方式,对犯罪的未成年人进行教育、感化和挽救,做到教育为主、惩罚为辅。同时通过加强社会调查,了解其个人成长经历、案外犯罪原因、羁押表现情况以及监护落实情况和社区矫治意见等,作为是否适用缓刑的量刑参考依据。
Public prosecution organ: People's Procuratorate of Changning District of Shanghai Municipality 公诉机关:上海市长宁区人民检察院。
Defendant: Li , female, 17 years old, ethnic Han, with an educational background of middle school, jobless, residing in Wuhu, Anhui Province, no fixed domicile in Shanghai. She was put under criminal detention for being suspect of committing the crime of theft on October 20, 2015 and arrested on November 13 of the year. 被告人:李某某,女,17岁,汉族,初中文化,无业,住安徽省芜湖市,在上海无固定住所。2015年10月20日因涉嫌犯盗窃罪被刑事拘留,同年11月13日被逮捕。
Statutory agent: Li, x Jun (middle name withheld), father of Li, residing in Wuhu, Anhui Province. 法定代理人:李某俊,李某某的父亲,住安徽省芜湖市。
Appropriate adult: Yu Huifang, employee of the Changning workstation of the Shanghai Sunshine Community-Youth Affairs Center. 合适成年人:余蕙芳,上海市阳光社区青少年事务中心长宁区工作站社工。
Appointed defender: Pu Zexing, lawyer of Shanghai Xinhua Law Firm. 指定辩护人:浦泽幸,上海市新华律师事务所律师。
The People's Procuratorate of Changning District of Shanghai Municipality instituted a public prosecution in the People's Court of Changning District of Shanghai Municipality against Li for the crime of theft. 上海市长宁区人民检察院以被告人李某某犯盗窃罪,向上海市长宁区人民法院提起公诉。
On February 6, 2016, the People's Court of Changning District of Shanghai Municipality organized mental consultants to provide Li with mental counseling when serving the copy of the bill of indictment to her. Since defendant Li was under 18 years old when appearing before court, the People's Court of Changning District of Shanghai Municipality heard the case not publicly on February 29 of the same year. Under Article 270 of the Criminal Procedure Law, when hearing juvenile criminal cases, people's courts shall notify the statutory agents of juveniles to be present in court. However, the father of defendant Li was unable to be present in court for being serving his sentence, while his mother was also unable to be present in court for running away from home and out of touch since then.  Notified by the People's Court of Changning District of Shanghai Municipality, Li x ping (middle name withheld) who is Li's uncle appeared before court to participate in the proceeding as her adult relative, Yu Huifang who is an employee of the Changning workstation of the Shanghai Sunshine Community-Youth Affairs Center appeared before court to participate in the proceeding as the appropriate adult, and Zhao Jiafa who is an employee of the Justice Bureau of the Jiujiang District of Wuhu City of Anhui Province appeared before court to participate in the proceeding as the social investigator. Appointed by the People's Court of Changning District of Shanghai Municipality, the Legal Aid Center of Changning District of Shanghai Municipality designated Pu Zexing who is a lawyer of the Shanghai Xinhua Law Firm as the appointed defender for defendant Li to appear before court to participate in the proceeding. 2016年2月6日,上海市长宁区人民法院在向被告人李某某送达起诉书副本时组织心理咨询师对其进行心理疏导。因被告人李某某在开庭审理时未满十八周岁,上海市长宁区人民法院于同年2月29日依法不公开开庭审理了本案。根据刑事诉讼法二百七十条规定,人民法院审理未成年人刑事案件,应当通知未成年被告人的法定代理人到场。但是,被告人李某某的父亲李某俊因服刑无法通知到庭,李某某的母亲因离家出走杳无音讯无法通知到庭。经上海市长宁区人民法院通知,李某某的伯父李某平作为其成年亲属到庭参与诉讼,上海市阳光社区青少年事务中心长宁区工作站社工余蕙芳担任李某某的合适成年人到庭参与诉讼,安徽省芜湖市鸠江区司法局工作人员赵家发以社会调查员身份到庭参与诉讼。经上海市长宁区人民法院指定,上海市长宁区法律援助中心指派上海市新华律师事务所浦泽幸律师担任被告人李某某的指定辩护人到庭参与诉讼。
During the trial, the People's Court of Changning District of Shanghai Municipality found that: 上海市长宁区人民法院经审理查明:
At around 4 o'clock on October 20, 2015, defendant Li went to Babi steamed bun shop located at No, 836 Loushanguan Road, Shanghai to buy food and without raising the attention of victim Yuan Feilong, stole away a black shoulder bag put under the work desk by victim Yuan Feilong which contained CNY 8400. Upon discovery, Victim Yuan Feilong chased and captured defendant Li at No. 814, Loushanguan Road and found the stolen black shoulder bag on the ground nearby. 2015年10月20日4时许,被告人李某某前往上海市娄山关路836号巴比馒头店内购买食品,乘被害人袁飞龙不备之机,窃得被害人袁飞龙放置于店内工作台下面的一只黑色单肩包,内有现金人民币8400元。被害人袁飞龙发现后追至娄山关路814号处将被告人李某某抓获并在附近地面发现被窃的黑色单肩包。
The aforementioned fact was verified by the crime report and the transcript of the statement made by victim Yuan Feilong, the list of evidence and the list of properties to be returned to the victim which were provided by the Changning Office of the Public Security Bureau of Shanghai Municipality, the monitoring video on the street near the crime scene and the explanation on the production of the video, the written description of the crime, the confession of defendant Li, the photos of identifying the crime scene and the transcript, the household registration certificate issued by the Household Registration Center of the Public Security Bureau of Wuhu City of Anhui Province and other evidence and confirmed during the production of evidence and the cross-examination during the trial. Since defendant Li and her adult relative Li x Ping, appropriate adult Yu Huifang and appointed defender Pu Zexing raised no objection to the fact, it shall be confirmed. 上述事实,有被害人袁飞龙的报案和陈述笔录,上海市公安局长宁分局调取证据清单和发还清单、案发现场附近街面监控录像及制作过程说明、案发经过情况表,被告人李某某的供述、作案现场辨认照片和笔录,安徽省芜湖市公安局户政服务中心出具的户籍证明等证据证实,并经庭审举证质证查证属实。被告人李某某及其成年亲属李某平、合适成年人余蕙芳、指定辩护人浦泽幸在开庭审理过程中均无异议,应予认定。
On November 4, 2014, defendant Li stole away an IPAD in a digital product store in Wuwei County, Wuhu City, Anhui Province which was worth CNY 1485 and was punished with the administrative detention of ten days (not being enforced) by the Public Security Bureau of Wuwei County of Wuhu City of Anhui Province. The public prosecutor proposed in the “sentencing suggestion” which was the Annex 4 of the bill of indictment that the people's court handles the case based on the actual situations. However, the Administrative Punishment Decision made by the Public Security Bureau of Wuwei County only included the criminal facts and the punishment while did not include the description of the crime and whether the defendant had been captured by the police. It was confirmed by the criminal report made by the victim, the transcript of the interrogation of the person subject to the punishment, the transcript of the questioning of the witnesses and the administrative punishment decision made by the Public Security Bureau of Wuwei County which were provided by the Public Security Bureau of Wuwei County that after stealing away an IPAD in a digital product store in Wuwei County on November 4, 2014, Li was captured when trying to sell the stolen IPAD in the same digital store in the company of her classmates. To this point, since the public prosecutor, the defendant and her adult relative, the appropriate adult or the appointed defender did not raise any objection in the trial, it shall be confirmed.
......
 2014年11月4日,被告人李某某在安徽省芜湖市无为县一家数码店窃得一台苹果IPAD,价值人民币1485元,受到安徽省芜湖市无为县公安局行政拘留十日处罚 (不执行)。公诉人在起诉书附件四“量刑建议书”中,建议法院对此酌情处理。但是,无为县公安局出具的“行政处罚决定书”中,只有作案事实和处罚结果,没有案发经过和到案情况。经向无为县公安局调取被害人报案笔录、被处罚人讯问笔录、证人询问笔录和无为县公安局行政处罚决定书证实,2014年11月4日,李某某在无为县一家数码店窃得一台苹果IPAD后,于同年 11月19日在同学陪同下前往上述同一家数码店欲变卖时被发现当场抓获。对此,公诉人、被告人及其成年亲属、合适成年人、指定辩护人在庭审中均无异议,应予确认。
......

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