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Lawyer Guo Haibin

Guo Haibin, a lawyer, graduated from Nanjing University with a bachelor's degree in law, is now a full-time lawyer of Jiangsu Hengding Law Firm. Professional expertise in the field of criminal defense: acting as an agent to apply for a guarantor pending trial, handle probation, defend innocence, and defend a lighter or mitigated punishment. Over the years of practice, he has successfully defended the innocence of many defendants and saved them from prison. In addition, he has obtained a guarantor pending trial for the parties in several cases, and won probation for them. He has also successfully won a lighter or mitigated punishment for the defendants in several criminal cases, which has been well received by the defendants and their families!

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Lawyer Wang Jiayuan

Lawyer Wang Jiayuan, the chief lawyer of Jiangsu Tianni Law Firm's "Jiayuan Lawyers Legal Service Team", the "Excellent Debater" of the first "Zijin Cup" Nanjing Lawyers Debate Competition, and the host of the column "Jiayuan Pai" are good at criminal defense, marriage and family affairs, contract disputes, and corporate legal advisory services. From 2018 to 2019, he was engaged in full-time legal aid lawyer business, specializing in handling criminal cases, In 2019, 72 defense cases were handled, including many cases involving "mafia and evil"; 220 cases of confession and punishment; 23 cases of legal aid. In December 2019, it was awarded the title of 40 lawyers by the Jiangsu Lawyers Association

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Which is more serious, rape or burglary

Article** Hebei Langfang Consultation on defense of violent crimes 2024.05.23 12:36:00 393 people read

Rape And entrance Robbery Which is heavy

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Region: Chongqing Changshou District

Resolution:
Judging from the type and nature of crimes, both crimes are quite serious.
However, it is difficult for us to directly determine which crime is more serious, which needs to be analyzed and judged in combination with the actual situation of each case.
In these two crimes, the lesser punishment may be three years' imprisonment, while the more serious one may be sentenced to death.
Specifically, the sentencing standards of robbery are mainly divided into two categories:
Fixed-term imprisonment of not less than three years but not more than 10 years, with a fine;
More than 10 years of fixed-term imprisonment, life imprisonment or even death penalty, with fines or confiscation of property.
Similarly, rape has two levels of sentencing:
Fixed-term imprisonment of not less than three years but not more than 10 years;
More than 10 years of fixed-term imprisonment, life imprisonment or death penalty.
It is worth noting that property punishment is clearly stipulated in robbery, but not in rape.
Therefore, from the perspective of freedom punishment, the specific circumstances will become the decisive factor.
Legal basis:
Article 236 of the Criminal Law
Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment.
Whoever rapes a woman or rapes a girl under age shall, under any of the following circumstances, be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(1) Raping a woman or having sexual intercourse with a young girl, the circumstances of which are flagrant;
(2) Raping women or raping young girls;
(3) Raping a woman or raping a young girl in public;
(4) Gang rape by two or more persons;
(5) Raping a young girl under the age of 10 or causing harm to the young girl;
(6) Causing serious injury or death to the victim or causing other serious consequences.

2024-05-23 12:38:00 Reply

Hello, the answer to the above question is as follows. The burglar's burglary will be converted into burglary because of burglary. The defense of burglar's burglary should be carried out from the following aspects:
First, we should analyze whether there is violence or coercion in the facts of the case. The premise of burglary is that there is no violence. Only when a thief commits acts of violence or coercion against the head of household or other victims when stealing will it be converted into a more serious robbery.
Secondly, we should analyze the case facts, whether the thief entered the house illegally or legally. If the theft occurs due to legal entry, it only belongs to ordinary theft. Thirdly, the exact amount of burglary or robbery should be calculated in detail. The amount of theft or robbery without evidence should not be regarded as the amount of crime.
Finally, both larceny and robbery involve the problem of the amount of crime. It is also conducive to the defense of commutation of sentence to return the proceeds of crime and compensate the loss of the victim as much as possible.

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