Seeing a flower and stealing it leads to a theft charge; defense through emotion and law avoids prosecution.

📅 2020-04-24 📂 UpdatesUpdates [4] 🏷️ #Client #Guangdong Zhiming Law Firm #Theft #Defense #Guo Yixuan

[5] Recently, a theft case handled by the author successfully fulfilled the client's expectations. Through diligent efforts, a decision of non-prosecution was received from the court. The client was extremely satisfied and deeply grateful for this outcome.


[6] Flower shop (Image source: internet)

【案情】
 

Wu, over fifty years old, is a flower enthusiast. In daily life, apart from working and private activities, he tends to plants. One early morning last year, while returning from a dinner with friends and passing through a residential building, Wu noticed a flower shop in a street-side store. The shop was already closed, but many potted plants were placed outside, only loosely enclosed by ordinary plastic tarps. Wu noticed some small pots were almost fully exposed, so he reached in and took one home. For a while after his first theft, Wu was very anxious, but he comforted himself that even if caught, these were just cheap little flowers, no big deal. He didn’t know the shop owner, Li, had installed a camera outside and reported the theft to the police the next day. Two months passed quietly, and Wu had new ideas. Another early morning, he went to Li’s flower shop and stole a few more pots. Intermittently, Wu committed several thefts. After the incident, Wu confessed to his crimes.
 

Thus, the facts of the crime were clear, and Wu was legally transferred to the court for review and prosecution.
 

[Case Handling Insights]
 

After the incident, Wu, introduced by a friend, came to our firm to ask me to defend him. Only then did I learn that Wu was already on bail pending trial because the court had not approved his arrest. He tearfully said he had made a momentary mistake, committing an error he deeply regretted, and that if prosecuted, his stable and decent job would be lost. He repeatedly begged me to do my utmost to help him get a non-prosecution decision.
 

Lawyer Guo Yixuan
 

After accepting the case, I immediately contacted the lead prosecutor. I learned that the review and prosecution deadline for Wu’s case was approaching. To secure a non-prosecution outcome, time was extremely tight. Rushing to schedule case file review, searching for relevant laws, regulations, and judicial interpretations, and studying the case details—sounds simple, but drafting a legal opinion on non-prosecution required significant effort. The opinion addressed legal principles, reasoning, and the fact that Wu had already suffered actual penalties, presenting defense points to the court. After the initial draft, several rounds of proofreading and refinement were done before submitting the legal opinion to the court. Fortunately, the opinion was accepted.
 

Although Wu was spared prosecution, resulting in a satisfactory outcome, I still hope this case reminds ordinary citizens: "Do not do evil because it is small." The law is the red line of our country, a standard; never trample on your life for petty gains or minor evils. Imagine if Wu had been punished—not only would his stable job be lost, but the stain on his record would affect every aspect of his normal life. The real issues behind this case are a warning for all of us.

 

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