- Since I was a child, I liked guns. The air guns I received from my friends have been idle at home. The impetuous military parade has made him a fan of military enthusiasts. The parties involved in this case are full of worship and curiosity about the soldiers. Therefore, they obtained air guns and lead-gun accessories through various channels. Unfortunately, they did not wait for the completion of the guns, and they were trapped.
- Prosecution
- After consulting the case file, meeting with the defendant, repeatedly pondering the evidence, and screening the case, Mr. Qi Jingkang and Chen Feng believed that the defendant’s conduct should be treated as illegally holding ammunition. However, the public prosecutor stated that the defendant claimed that he had purchased guns and ammunition accessories in a large online shopping mall and believed that he should be held criminally liable for illegally buying and selling guns and ammunition.
- In-depth analysis
- Article 125 of China’s Criminal Law stipulates that illegally manufacturing, trading, transporting, mailing, storing and storing firearms, ammunition and explosives shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than ten years. Life imprisonment or death penalty.
- However, whether the defendant in this case has implemented the sale or purchase, but there is no third-party circumstantial evidence to support it. Obviously, it is contrary to the basic principle of applying the criminal evidence of “not only the accused’s self-confessed basis”. Moreover, the defendants’ guns and ammunition were used for their own use only, and there was no subjective intention to sell them. Therefore, judging from the principle of conviction between subjectivity and objectivity and “suspecting crimes from nothing”, the defendant’s behavior should not constitute the crime of illegally buying and selling guns and ammunition.
- Article 128 of China’s Criminal Law stipulates that in violation of the regulations on the administration of firearms, illegal possession or possession of firearms and ammunition shall be punishable by imprisonment for not more than three years, criminal detention or control; if the circumstances are serious, it shall be for a period of three years or more and seven years or less. imprisonment.
- In this case, the defendant subjectively knew that he had violated the regulations on firearms management, and objectively and illegally held ammunition, which had certain social harmfulness. Therefore, the defendant’s behavior should be deemed illegal for possession of ammunition.
- Happy fruit
- During the trial, the two lawyers always carried out detailed and meticulous arguments on the defendant’s behavior, and from the perspective of the lack of environmental evidence, listed a large number of cases to support, and ultimately the defendant’s behavior should be The conclusion that it was found to be illegally holding ammunition. After the trial, the court fully adopted the defense opinions of the two lawyers. The defendant’s behavior should constitute the crime of illegally holding ammunition and criminal detention from the light sentence.
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