Mother of Liaoning armored car robber： I hope the court will consider the family’s ＂triangle debt＂ dilemma
(Original title: Liaoning armored car robbers pleaded guilty in court)
On the morning of January 24th, the case of Li Xuyi, the driver of Dashiqiao cash truck in Liaoning Province, robbing the cash truck was heard in Yingkou Intermediate People’s Court. According to the prosecution’s allegations, on September 7, 2016, Li Xuyi, after premeditated, snatched 6 million cash with a gun.
At the trial site, Li Xuyi pleaded guilty and repented, and apologized to the public. However, Li Xuyi’s defense lawyer hoped that the court would consider the factors such as his debt and temporary confusion, and it was his wife who led the police home and arrested Li Xuyi afterwards, without resistance, which should be regarded as a plot of surrender. It is understood that the court will decide on the date of the case.
hear a case
At 9: 30 am on January 24th, the case of Li Xuyi robbing an armored car was heard in Yingkou Intermediate People’s Court. The trial lasted for about two hours, including Li Xuyi’s relatives.
According to the indictment of the prosecution, at about 13: 00 on September 7, 2016, as a member of the financial escort team of Yingkou ruitai Escort Co., Ltd., Li Xuyi drove an armored car and took 17 cash bags and 2 cash boxes from Yingkou Branch of Agricultural Bank of China, totaling RMB 35 million, to the central warehouse of Dashiqiao Agricultural Bank.
During the escort, Li Xuyi deliberately failed to follow the prescribed escort route, drove the cash truck to the west section of dashiqiao city Xinghe Guobao Community, threatened the four escorts in the same car with guns prepared in advance, and snatched the escort guns of the two escorts, bound them with adhesive tape, and then drove the cash truck to the underground parking lot of Fenghuayihe Village Community, Dashiqiao Gangdu Management Zone.
In the parking lot, Li Xuyi snatched three bags from the cash truck, with a total of 6 million yuan in cash, and then fled the scene. Li Xuyi will repay some of the stolen money to his personal debt. After the incident, all the money involved was recovered.
The prosecution believes that Li Xuyi ignored the law and robbed a bank cash truck with a gun. The amount of robbery was huge, the circumstances were particularly bad, and the social harm was great. His behavior violated the third and fourth items of Article 263 of the Criminal Law. The criminal facts were clear and the evidence was conclusive and sufficient. Li Xuyi should be investigated for criminal responsibility for robbery.
Zhong Ruoxin, Li Xuyi’s attorney, revealed that during the trial, the lawyer was in a state of confusion from Li Xuyi’s debts. Afterwards, his wife led the police to arrest him at home, and he did not resist, which should also be counted as the plot of surrender. Defended Li Xuyi.
Zhong Ruoxin also revealed that at the trial site, Li Xuyi pleaded guilty and repented, and apologized to his former colleagues and the escort company. Li Xuyi’s overall mood was stable, but in the process of making his final statement, he shed tears several times because he regretted it.
Debate vigorously
During the trial, Zhong Ruoxin, Li Xuyi’s defense lawyer, had a heated debate with the prosecution on whether the circumstances of the crime were bad, whether there was a surrender, and whether it was an armed robbery.
Is the crime bad?
During the trial, the prosecution believed that Li Xuyi ignored the law and robbed the bank cash truck with a gun. The amount of robbery was huge, the circumstances were particularly bad and the society was extremely harmful. Li Xuyi’s defense lawyer, Zhong Ruoxin, holds the opposite opinion. He thinks that compared with the general robbery crime or the similar robbery of armored vehicles, Li Xuyi’s criminal means and circumstances are not bad. Li Xuyi took a toy gun, and did not cause damage to others’ personal and property during the crime, and the money was quickly recovered.
Can the cause of crime be used as a basis for mitigating punishment?
The cause of Li Xuyi’s crime has also become a focus of debate between the two sides. The attorney said that what made Li Xuyi desperate was the huge debt he owed. They collected relevant evidence to prove that Li Xuyi’s robbery of the armored car was caused by family pressure. This evidence was also provided to the prosecution and cross-examined in court. The prosecution believes that the debt problem has nothing to do with this case.
According to Zhong Ruoxin, according to the Guiding Opinions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Robbery Criminal Cases, if the robbery is committed for the first time for specific reasons such as family members seeking medical treatment, and the subjective viciousness and the circumstances of the crime are relatively minor, it should be different from the cases of repeated robberies and robbery for extravagance, gambling, drug abuse, etc. Li Xuyi’s behavior is caused by life difficulties, and it is a crime caused by specific reasons, which should belong to the "specific reasons" in judicial interpretation.
Is there a plot to surrender?
Whether Li Xuyi should be deemed to have surrendered himself is also the main point of the trial debate. The prosecution believes that Li Xuyi did not take the initiative to surrender, and the abandonment of the mobile phone may also be because he wanted to escape, making it impossible for the police to locate him through the mobile phone. Zhong Ruoxin disagrees with this. He believes that Li Xuyi has surrendered in this case. Li Xuyi’s wife led the public security personnel to arrest Li Xuyi. He did not resist the arrest and truthfully confessed the facts of the crime. This is the factual basis for his surrender. In addition, the relevant judicial interpretation also stipulates that family members led the arrest of suspects. If there is no arrest, they can refer to surrender. In practice, there are many such cases, in which relatives actively lead public security personnel to capture criminal suspects and are finally deemed to have surrendered voluntarily.
Is it an armed robbery?
According to the indictment, Li Xuyi robbed a bank armored car with a gun. In this regard, Zhong Ruoxin said that the indictment did not determine that Li Xuyi was holding a gun, and the investigation agency did not find the toy gun used by Li Xuyi at that time, and there was no relevant evidence to prove that the gun belonged to a gun. The expression of the indictment was also a gun. "If it is identified as a gun, has it been identified and can it be launched? I think these factors need to be considered."
Zhong Ruoxin told the Beijing Youth Daily reporter that during the trial, Li Xuyi pleaded guilty and repented in court. He said that he was sorry for the four escorts, sorry for his family, and sorry for his relatives and friends. He apologized to the escort company. "He cried very badly when he said this."
replay
In September last year, the news that Li Xuyi, as a driver of an armored car, committed a crime on the way to escort immediately attracted widespread attention from the society. Subsequently, Li Xuyi’s family revealed that under the heavy pressure of "triangle debt", Li Xuyi took risks and robbed the cash truck.
In an interview with the reporter of Beiqing Daily, Li Xuyi’s mother said that the affordable housing construction project they participated in in in dashiqiao city was in arrears. The project is located in Huzhuang, near Dashiqiao city. In 2011, Li Xuyi and his family participated in the construction of the project, and they are still owed about 190,000 yuan. Li Xuyi’s mother also introduced another large debt owed by her family, which was related to her participation in a shantytown renovation project. Among the materials she presented, the project started in 2012, covering an area of nearly 10,000 square meters, and Li Xuyi’s family participated in it in the form of signing a power of attorney with a company. Li Xuyi’s mother said that they were owed money and suffered various losses of nearly 2 million yuan in this project.
On the one hand, it is the project payment in arrears, on the other hand, it is the foreign debt borrowed due to economic pressure. In a list of creditors suspected to have been written after Li Xuyi’s murder, which was obtained by the reporter of Beiqing Daily, more than 20 names were recorded, of which the maximum amount marked was 450,000 yuan, and the minimum was 600 yuan, with a total amount of 2,050,600 yuan. This is basically consistent with the fact that his family said that they owed foreign debts of more than 2 million yuan. Moreover, after committing the crime, Li Xuyi went to several creditors to pay his debts.
When interviewed by the media, the local police also linked Li Xuyi’s crime with his economic pressure.
conversation
Li Xuyi’s mother
I hope the court will consider us.
The difficulty of falling into a "triangle debt"
Beiqing Daily: How is the current situation of various debts at home solved?
Li Mu: One case is that the Forestry Bureau defaulted on our project payment. At present, the court date has been set. There is also a case where we owe money to others, and the negotiation is to repay it before May Day. In addition, there is a local project payment in Dashiqiao, which has also been sued, and there is no specific date for the trial.
Beiqing Daily: Have these attitudes changed when they have debt disputes with their families?
Li Mu: Some creditors sympathize with us and say that we can wait. However, some creditors have even worse attitudes, fearing that we will have less money and push harder. There are really all kinds of people. As for the forestry bureau that owes us the project money, it has not actively communicated with us. People around my hometown are very kind to us, and they don’t talk about anything behind my back. It’s not the Spring Festival soon, and they also send us some sauerkraut and the like.
Beiqing Daily: What is the current economic situation at home?
Li Mu: Nothing has improved, mainly relying on the income of Li Xuyi’s younger brother to maintain the life of a large family. My wife and I are mainly collecting debts outside. It’s difficult, but I think I can get through it by biting my teeth.
Beiqing Daily: How are Li Xuyi’s wife and children feeling now?
Li Mu: His wife’s situation is still not very optimistic. She doesn’t talk much and doesn’t work outside. My son also knows about his father’s situation. His grades dropped at the beginning of school, and he has been better recently, but he always cries secretly. I told him that you are too old, and your father doesn’t want to be like this himself. You have to study hard to be successful in the future.
Beiqing Daily: It is also the first time to see my son in court today. How do you feel about his state?
Li Mu: I haven’t seen him before. If he is brought by a lawyer, let his younger brother take care of our couple, support this family and let the children go to school well. It was the first time we met for such a long time on the day of the court session. When he left, he told me to stay at home with his father and wait until he came out to be filial to us.
Beiqing Daily: Do you have any thoughts on the possible verdict from the perspective of family members?
Li Mu: I hope the court can really consider the situation that our family is caught in a "triangle debt". My son did something wrong, and I hope to get a fair judgment regardless of the outcome.
Liaoning armored car was robbed. The driver pleaded guilty but denied premeditated crime.
Legal Evening News This morning, the case of Li Xuyi, the driver of Dashiqiao cash truck in Liaoning Province, robbing the cash truck was heard in Yingkou Intermediate People’s Court. Defendant Li Xuyi admitted the robbery charge, but denied the premeditated crime.