Chapter 145: Chapter 120 What if They Refuse to Go to Jail_4
He sued the defendants for four crimes: illegal home invasion, robbery, refusal to execute court judgments, and extortion.
Illegal home invasion and robbery, in this case, were considered multiple offenses arising from the same criminal act.
Article 245 of the Criminal Law stipulates: A sentence of up to three years imprisonment or criminal detention shall be imposed for illegal searches of a person or residence, or illegal home invasion.
Article 263 of the Criminal Law stipulates: Robbing public or private property by violence, coercion, or other means shall result in a sentence of three to ten years imprisonment.
At the same time, the criminal law regarding robbery also specifically stipulates that eight types of egregious acts will be considered particularly severe, incurring a sentence of ten years to life imprisonment or death, along with fines or confiscation of property.
First on the list is home-invasion robbery!
The law protects private property and severely punishes property infringement, with robbery undoubtedly being the most heinous in this category of acts.
Therefore, the nation’s Criminal Law imposes very severe sentences for robbery; once the act is established, it carries a minimum of three years.
If it is home-invasion robbery, the minimum sentence is ten years, up to the death penalty!
This was also one of the few crimes punishable by death!
This middle-aged couple...
They forcibly broke into the house, renovated it themselves, occupied it without any intention of returning it, and used intimidation and rogue tactics to maintain long-term possession of the house.
This unequivocally constituted home-invasion robbery!
As for sentencing, it is determined based on the severity of the circumstances and the value of the property robbed.
A ten-year prison sentence was practically guaranteed.
Regarding the crime of refusal to execute court judgments...
It refers to non-compliance with a court judgment or refusal to execute it. Severe cases will result in up to three years imprisonment, criminal detention, or a fine.
Particularly severe cases will result in three to seven years imprisonment, alongside a fine.
Clearly, this middle-aged couple showed contempt for the judiciary and repeatedly defied the police; their behavior was extremely abhorrent.
If prosecuted effectively, the defendants could be sentenced to a maximum of seven years.
The fourth crime, extortion, is sentenced based on the amount extorted.
If the amount is substantial, the sentence shall be up to three years imprisonment or criminal detention; if the amount is huge, then it is three to ten years.
An especially large amount warrants a sentence of ten years or more.
He had specifically investigated the price of the house Zhang Tao bought, which was around two million.
Half of that is over one million.
This fully met the criteria for an "especially large amount," and once confirmed, would result in over ten years of imprisonment!
According to the principle of sentence absorption, the cumulative sentence would be approximately twenty-seven years.
"What?"
"Twenty-seven years? We were too lenient in our thinking, imagining they’d only get twenty years."
"If the sentence can reach twenty-seven years, it’s enough to show how heinous their actions were!"
"They seem to be in their forties this year. After another twenty-seven years in prison, they’ll be our age when they get out..."
When everyone heard this shocking outcome, they were all incredibly excited and jumped for joy.
They were all incredibly pleased with this outcome.
Good deeds are rewarded, and evil deeds are punished.
This is the law’s fundamental principle of retribution!
However, Qin Mu gently reminded them, "Sentences aren’t calculated that way. If the sum of fixed-term sentences is less than thirty-five years, the actual sentence served cannot exceed twenty years. If the sum is thirty-five years or more, the maximum served cannot exceed twenty-five years."
Furthermore, there are special sentencing provisions for criminals who have "committed many evils" and "accumulated numerous offenses."
Excluding sentences of death or life imprisonment, the actual term to be served is determined at the court’s discretion. It must be less than the sum of all sentences but more than the longest single sentence among the convictions.
This meant... the other party’s maximum sentence was twenty years.
It would be between ten and twenty years of imprisonment.
"Less than twenty years?"
Zhang Qingyuan felt somewhat disappointed after hearing this.
Over these three years, every time he heard about this matter, he would be so angry that he couldn’t sleep for days.
Now, what he thought should have been a twenty-seven-year sentence was suddenly reduced so significantly.
He found it hard to accept at that moment.
Qin Mu smiled and comforted him, "Don’t worry, aside from criminal penalties, they also face civil liabilities that will surely bankrupt them!"
Hearing this, Zhang Qingyuan quickly looked up and couldn’t help but ask, "How much compensation can we get?"
"They’ll have to pay everything they have. It’s highly probable all their assets will be confiscated."
Qin Mu mentally reviewed the relevant legal statutes and replied earnestly.
The punishment for the crime of robbery is extremely strict.
Besides being punishable by up to death, it also mandates the confiscation of all property.
Given the particularly egregious nature of their offenses, if the lawsuit is managed effectively...
Confiscation of all their assets is practically guaranteed.
Plus, various civil compensations...
This middle-aged couple will be stripped of all assets before they even go to prison!
「Meanwhile.」
Jin City Court, Case Filing Center.
Inside the large conference room.
"Let’s speak freely. How should we handle this case?"
The director of the Case Filing Center scanned the attendees and spoke in a solemn tone.
In front of each person lay a copy of the complaint Zhang Tao had submitted.
It was a complaint for a private prosecution.
In the past, it would have been impossible to convene a meeting just to discuss such a case.
But now, this case left everyone feeling rather troubled and overwhelmed.
In the case, four charges were filed, and it presented detailed evidence of the defendants’ illegal acts and crimes.
According to procedure, the case met all requirements for filing.
However, the potential consequences of accepting the case were severe.
If the defendants lost, the maximum sentence could reach twenty years!
This was the maximum possible sentence even after considering statutory limitations on combined sentences!
Any case where the potential sentence reaches twenty years is a serious matter!
"Procedurally, the complaint’s format, the evidence provided, and the stated grounds for the charges are all in order. We can accept it for filing."
"While the case can be filed, I believe it’s quite complex. We should forward it to the public security bureau for further investigation."
"A potential twenty-year sentence certainly warrants thorough verification before a trial date is set."
"How about this: we accept the case for filing now and determine the trial date later."
After two hours of intensive discussion, the Case Filing Center decided on a course of action and issued a notice accepting the case for filing.
Simultaneously, the case was transferred to the public security bureau.
They were tasked with conducting a focused investigation to determine if a trial was warranted.
「That same evening.」
Jin City Police Station.
"Captain Shen, we’re heading off."
Shen Dao looked at his colleagues and nodded.
He packed up his things and was just about to leave work when he suddenly received an important case file from the higher public security authorities.
It ordered him to investigate and produce results as soon as possible.
"What case? It requires such urgency?"
He was somewhat surprised and began to look it over carefully.
The case summary stated that an individual named Zhang Tao had filed a lawsuit against a middle-aged couple within his jurisdiction.
Reading the plaintiff’s information, he breathed a sigh of relief.
Phew, that was close. I almost thought this was another case stirred up by Qin Mu.
Lately, Qin Mu seemed to have quieted down considerably.
He hadn’t seen much of Qin Mu since the latter prosecuted sixty-nine "large criminal organizations."
He had enjoyed a relatively long period of peace.
This case is no small matter either; the potential sentence could actually reach twenty years...
After reviewing the entire case file, he couldn’t help but frown, his expression growing solemn.
A private prosecution case carrying a potential twenty-year sentence was definitely not a trivial matter!