Retracing the Police Path 1993

Hu Jiayi's robbery and murder case has been handed over to the procuratorate, and Liu Pengcheng's office also ushered in a "bad guy". Seeing the traces of flipping through the legal books inside, he nodded.Then he didn't even miss Liu Pengcheng's own lounge. He opened the refrigerator and took out a can of Coke and drank a couple of sips. Then he sat on Liu Pengcheng's office chair, looked at Liu Pengcheng and asked, "What are you doing standing up?"

Liu Pengcheng said in his heart that if you don't sit down, how dare I sit down? If I sit down first, you might not be able to train me!Since his seat was taken, Liu Pengcheng had no choice but to sit on the chair in front of the desk, and Director Liu, who was also in the office, had to sit on the sofa.

There was really no way, Liu Pengcheng didn't dare to sit down, let alone him.

The "evil guest" asked Liu Pengcheng with a smile: "Xiao Liu, the case of Hu Jiayi was the trouble you gave me, right?"

This man is Jiang Zhengguo. The reason why Liu Pengcheng is so "afraid" of him is because he participated in the National Political and Legal Education Workers Training Course with Professor Park in the 80s, and he is regarded as his uncle.Moreover, Liu Pengcheng was a teacher of criminal law and criminal procedure law during his postgraduate study.He is a well-known expert in criminal law and criminal procedure law in the country, director of the criminal law teaching and research section of East China University of Political Science and Law, postgraduate tutor, and professor.He is also one of the highest-level criminal defense lawyers in the country.

Liu Pengcheng thought "Garden" in his heart, it's over, he made a mistake.Ordinarily, Liu Pengcheng asked Hu Shuisheng to find Jiang Zhengguo, or he should tell Jiang Zhengguo in advance, or tell Hu Shuisheng not to "sell" himself.Liu Pengcheng actually wanted to tell Jiang Zhengguo ahead of time, but forget it.As a result, Hu Shuisheng was busy saving his son's life, so he went back to find a relationship to see if he could contact Jiang Zhengguo as soon as possible, but found that there was no relationship at all. He himself was the supplier of the East China Political and Legal Canteen, but he was a canteen, so he definitely didn't want high-end ones. Aquatic products, so the people below are in charge. He has a truck in Shanghai and has a pass for East China Politics and Law!
This is easy to handle. It is easy to contact Jiang Zhengguo through the school's logistics system. Professor Jiang plans to focus on the implementation of the new criminal law this year, and the revision of the new criminal law teaching materials according to the implementation situation, mainly adding actual cases.There is no plan to take the case at all.

But this Hu Shuisheng was too persistent. Professor Jiang said that he would not be able to introduce another defense lawyer to him, so he decided on Professor Jiang introduced by Liu Pengcheng.In the end, there was no way to entangle Professor Jiang, and he thought this case was "a bit interesting".Just took the case.

This time, Professor Jiang came mainly to go to the procuratorate to copy the case files. In fact, it is enough to ask his students to come.Then I went to the detention center to meet the client, that is, Hu Jiayi, so I had to come by myself.So after the meeting, he drove to find Liu Pengcheng to "settle the score".

Jiang Zhengguo now understood what Senior Sister Park meant when she commented on Liu Pengcheng's "may not cause you trouble at any time".

If Liu Pengcheng knew this evaluation, he would definitely be called Qu, how honest he is, when did he cause trouble?

Jiang Zhengguo said: "Tell me, for such a case, you have planned so hard, and even sold your uncle and me, what result do you want in the end?"

Liu Peng lowered his eyebrows and said with drooping eyes: "To be honest, what I think in my heart is to save my life."

Jiang Zhengguo said, "A reprieve is okay? It's promising. Let me ask you, have you passed your lawyer's license exam?"

Liu Pengcheng's head was lowered, and the lawyer's certificate was one of the basic requirements of Mr. Park for him.

Jiang Zhengguo said: "There are still a few months left. You need to get your lawyer's certificate first before talking about anything else. The theoretical foundation is too weak! Is this case the difference between the death penalty and the death penalty?"

Jiang Zhengguo came like a gust of wind, and left like a gust of wind.Before leaving, he left a sentence: "Hurry up and get your legal certificate. If you fail the test, you will settle the score with you. Leave this case alone. Your job can no longer be mixed up. Don't mess up!"

Liu Pengcheng sent this one away just like Director Liu sent off the uncle.This man was very famous in the Yangtze River Delta area, and his aura was just now. It wasn't until Jiang Zhengguo's Mercedes-Benz 600 drove out of the branch office that Liu Pengcheng and Director Liu let out a sigh of relief.

Liu Pengcheng is the kind of person who is good at sharing everything with others. On the day Jiang Zhengguo gave him an "ultimatum to the law examination", he sent Xiao Yang to apply for a self-examination as soon as possible, and a junior college in law is fine!You can't be a driver all your life!
Isn't two people reading law books much better than one person?
Two months later, Hu Jiayi's case was heard in the Pingzhou City Intermediate People's Court.Two prosecutors from the People's Procuratorate of Pingzhou City appeared in court to support the prosecution.Jiang Zhengguo appeared in court as the defendant's defense lawyer.

Prosecutor's opinion: 1. This is a typical burglary and homicide case, resulting in two deaths and one serious injury. The supervisor is extremely vicious and should be severely punished.

2. The nephew killed his uncle and aunt's mother, and seriously injured his own aunt.The impact is extremely bad, contrary to public order and good customs.

3. The defendant had reached the age of [-] when he committed the crime, had full capacity for criminal responsibility, and had no circumstances of surrender or meritorious service.should be severely punished.

Liu Pengcheng sighed in his heart. The prosecutor almost explained all the "weaknesses" of the defendant Hu Jiayi in this case. The three opinions were like three steel knives, straight to the deathbed!

Then the defender spoke, and Jiang Zhengguo's first defense opinion made Liu Pengcheng applaud.

1. The procuratorate made a mistake in characterization of this case. This is not a burglary case, but a case of intentional homicide and theft!why?Because although the defendant was carrying an axe, he did not kill the victim, let alone rob!Instead, reason with the victim.The confession of the defendant and the testimony of the victim Chen Ling can prove that the intention to kill intentionally occurred after a serious quarrel with the victim.This is a very typical murder case of passion.However, the victim still chooses to provoke the defendant with words even though he knows that the defendant is very angry and holds a sharp weapon, which is full of great responsibility in the case.

After killing and wounding, the defendant realized that he could get the money by himself, so he turned over the victim's bedroom and took away the cash and gold jewelry. This constituted the crime of theft, not robbery.

2. I would like to ask the presiding judge and the jurors to pay attention. The reason why the defendant took the ax to reason with the victim is because the victim has illegally embezzled the defendant’s financial resources for a long time and has reached the point of madness. The living expenses were increased to 100 yuan per month, and another 200 yuan was required.Note that the living expenses of the defendant that the defendant's father handed over to the victim every month is 2000 yuan!Moreover, the victim cheated 5000 yuan from the victim's father in the name of material fees!

However, the victim did not even agree to the defendant's small request, and even insulted, abused, and laughed at the defendant. In this case, the defendant raised the axe.So, where did the defendant's money go? Chen Ling and her mother handed it over to Chen Lang, the only son of the Chen family, to gamble, embezzle, and defraud a senior high school student who is about to take the college entrance examination. gamble!I would like to ask who is violating public order and good customs, whose behavior is more despicable, and whose behavior has the worst impact?
3. I brought the petition letters of 32 classmates, five teachers, and seven teachers who had taught him in the defendant's class.Note that instead of a petition, they all signed it, but each wrote a petition.From these petitions, we can see what kind of person Hu Jiayi is.In addition, there is another content that Hu Jiayi has borrowed all of them from them this semester.I think everyone knows what this means. It means that when he went to ask his second uncle for 7 yuan with an ax in hand, he had nowhere to go.

4. After the defendant stole, he only took 300 yuan in cash from the stolen money, and hid the rest in the firewood pile at his own home, hoping to wait for his father to come back and deal with it.From the beginning to the end, he only wanted a week's living expenses and 200 yuan for the test paper. I would like to ask, what kind of criminal motive is this? Who said it was a criminal motive? Is there such a criminal motive?
The above is my defense opinion, I and my client, we believe in the justice of the law, and we believe in the light of day.

So, Jiang Zhengguo insisted on dismantling the robbery case into intentional homicide and theft, is it wrong to defend?

Robbery and homicide are homicides that occur during the course of a crime, and are almost indistinguishable.If Hu Jiayi was convicted of robbery, and two people died and one was seriously injured, he could be said to be dead.There is no wiggle room.

Intentional homicide is different. The crime sounds scary, but in fact there is a lot of room for maneuver. For example, intentional homicide with excessive defense is almost never sentenced to death.The case of the grandfather killing his grandson mentioned above was also an intentional murder!
This defense of Jiang Zhengguo was selected into almost all editions of law textbooks, and was also praised as the best defense of the year by the "Legal Research" magazine.

After the court's verbal confrontation, cross-examination, and mutual cross-examination, the court announced an adjournment and reopened the court on the third day to pronounce the sentence:
The defendant, Hu Jiayi, committed the crime of intentional homicide and was sentenced to 19 years in prison.

Committed theft, sentenced to two years in prison.Decided to combine the execution of fixed-term imprisonment for 20 years.

The prosecutor's office did not protest.

After the verdict, Hu Jiayi's parents divorced, and Hu Jiayi's mother didn't want any of the money Hu Shuisheng earned in Shanghai, only the house and pond in the village.He went back to live in the village.Fortunately, her natal family is in the village, and she has brothers and sisters to help her, so she is doing well.I visit my son on time every month.

Hu Jiayi's father, Hu Shuisheng, stayed in Shanghai, gave the business to a fishmonger in the town, and opened a Jiangxian restaurant by himself, and the business was pretty good.He never returned to the village, and saved Hu Jiayi's living expenses according to the maximum amount allowed every month.

Not long after, the Qinghu Primary Court heard the case of embezzlement and fraud by the Chen family siblings.The two were sentenced to fixed-term imprisonment.Hu Shuisheng was not present, but his lawyer told the court that no compensation, no forgiveness, and a heavy sentence must be imposed!

A year later, Hu Jiayi, who was still serving his sentence, proposed to his teacher that he wanted to take the self-study exam. After careful study by the leader, he readily agreed.However, what he applied for was not the prestigious school that the prison was looking forward to, but the correspondence course of Shencheng University of Technology.That school didn't have a good reputation, but Hu Jiayi, who had already started researching how to apply for volunteers when he was in school, knew that this school was the most suitable for him now!His explanation to the prison was that he was afraid that he would not be able to pass the exam in a good university. After all, he had to participate in labor to earn work points in order to reduce his sentence.

The leaders also agreed that he applied for the exam, helped him contact his father, went through the formalities, paid the tuition, and transferred Hu Jiayi to work in a very leisurely reading room.

Hu Jiayi was also very competitive. For two consecutive years, he took the exam with full marks in every subject. The university sent the certificate of excellence for outstanding students directly to the prison.

There's nothing to say now, commutation!At the same time, the leaders probably understood why Hu Jiayi chose such a university.

In the third year, Hu Jiayi began to really implement his plan. Using the knowledge he had learned, he brought private goods with him in the process of handing in an assignment.Two invention papers "A new type of extended-range aerodynamic shape of artillery shells" and "A new type of short-range low-recoil artillery recoil device".

A month later, he was taken away by a certain military prison.Since then there has been no audio.

Six months later, several soldiers came to Liantang Village, and after having a secret conversation with his mother, his mother quickly disposed of two buildings at a low price, and rented three ponds to her natal family.On the same day, I left with money and some necessary items and a few soldiers.Later, I came back to visit relatives, looking radiant and in good spirits, but never mentioned where I was, and never mentioned my son.

Shencheng University of Technology, a university directly under the National Defense Science and Technology Commission. (Hu Jiayi's Uncle Killing Case Ended)