Lawyer

Chapter 1022 This kind of misunderstanding is good!

"Back then, I handled a case. The victim was a blind boy over three years old who suffered from congenital heart disease. His father took him to the river and ran away secretly. As a result, the blind boy fell into the river and drowned while groping. died, and when he fell into the river, his father was standing on the bank not far away watching...

The defendant told me that at that time he saw the child struggling in the river and heard the child shouting, 'Dad, help!' ', my heart is broken like shards of glass.

He bit off a piece of flesh from his lip, and tears flowed like a river, but he still didn't move, he had borrowed all the money he could, and there was nothing he could do. Meng Guangda took a deep breath of the cigarette, then pushed it out forcefully into the glass ashtray, calming down his emotions.

"From a legal point of view, he should have foreseen the possibility of the blind child falling into the river and drowning, but he ignored it. It can be determined that he had the intention to indulge or even pursue the death of the blind child subjectively. The final court of that case was Sentenced for intentional homicide.

To sum up, the key point to distinguish between the crime of abandonment and the crime of intentional homicide by means of abandonment is: whether the defendant considered and gave the victim a chance to get help when he committed the act of abandonment.If yes, you can be convicted of the crime of abandonment; otherwise, you should be convicted of intentional homicide.

In this case, the defendants Chi Yunfa and Qi Renxia learned that their newborn daughter was seriously ill, not only refused to treat them, but cruelly abandoned them. First, they abandoned them in the fields near the hospital. The daughter was taken to the mountains and abandoned.It can be seen from this that the subjective intention of the two defendants not to let their daughter be rescued and to hope for her death is very obvious.

Therefore, I think this case should be classified as intentional homicide.Since the daughter of the two defendants was discovered and rescued by the masses in time, the two defendants committed intentional homicide and could be given a lighter or mitigated punishment compared with an accomplished crime.

If after being brought to justice, the two defendants plead guilty with a good attitude and show remorse, the court can reduce the punishment of the two defendants according to law. "Meng Guangda spoke very carefully.

Geng Zhen listened and took notes, the lawyers of other teams would not analyze the case so thoroughly, they would always put the matter on their backs, even if discussing the case, they would only lightly say a few words, no one wants to waste so much time Discuss other people's cases with brain cells.

The reason why Meng Guangda did this was because Fang Yi did it before, and it was also required when discussing the case at the Friday regular meeting. After a long time, the lawyers in the team naturally followed suit, and gradually the lawyers formed a habit.

This habit in the team is very beneficial to the growth of young lawyers, which is why the lawyers in Fang Yi's team have such strong professional capabilities.This is all formed subtly.

"Well, I understand. Thank you, Lawyer Meng." Geng Zhen recalled Meng Guangda's explanation just now.

"If you don't mind, just call me Brother Da. Everyone calls me that. We are all on the same team. It seems more natural to call me Lawyer Meng." Meng Guangda said with a smile.

……

On Wednesday, Fang Yi was busy reading the newly issued documents, when Song Hui walked in with a smile on his face.

"Lawyer Fang, last time we discussed the case of endangering public safety in a dangerous way, the Supreme Court has a result." Song Hui shook the EMS express mail in his hand.

"Oh?! How did you decide?" Fang Yi looked at him curiously, wanting to verify whether the team's discussion was correct.

"The Supreme Court adopted our defense opinion. Given that the defendant Gong Da committed the crime for the purpose of committing suicide, which is subjectively indirect intentional, according to the specific circumstances of the case, the Supreme Court believes that Gong Da should not be sentenced to death and executed immediately.

In the end, the Supreme Court ruled not to approve and revoked the provincial high court’s decision to uphold the first-instance sentence of the defendant Gong Da’s death penalty and deprivation of political rights for the crime of endangering public security by dangerous means, and sent it back to the provincial high court for a new trial. "Speaking, Song Hui handed the ruling to Fang Yi.

He did not say that the Supreme Court adopted "his" defense opinion, but said that the defense opinion of "our" was adopted because this case was discussed and formulated by the team collectively, and it was not due to him alone. It can also be seen that Lao Song is very loyal.

"Well, show everyone the verdict, especially the new lawyers, so that everyone will be happy." Fang Yi's purpose of doing this is very clear, that is to increase the new lawyers' attention to the team. Confidence, trust in the team, but also proud of the team.

"Okay, I have already called the family members of the defendant, and they agreed to continue entrusting us with this case." Song Hui was very excited.He is not happy because he has earned legal fees, but happy because he survived a desperate situation.

"Well, the case will be remanded for retrial. Basically, the defendant will not die, but the court will not give a light sentence. It is estimated that there may be a death sentence with a reprieve." Fang Yi thought for a while.

"In the afternoon, the parties come to the office to sign the entrustment, and I will make it clear to them." Song Hui replied.

Sure enough, as Fang Yi expected, one month later, the Provincial Higher Court rehears and sentenced the defendant Gong Da to death for the crime of endangering public safety by dangerous means, with a two-year reprieve and deprivation of political rights for life.So far, the case that has been tossing for more than a year is finally closed.

Because this case was quite popular on the Internet, after the verdict, Song Hui's name also came into public view. Netizens with good intentions began to dig up Song Hui's background, and everyone saw the shadow of Fang Yi's team again.The public suddenly felt as if all the major criminal cases in this province had been contracted by Fang Yi's team!

Sidley Law Firm will definitely not come forward to explain, and Fang Yi's team will not come forward to explain, go your own way, let everyone talk, anyway, it is not harmful to you, this kind of misunderstanding is very good!

……

In the evening, outside the barbecue restaurant, Dabao was wearing a newly bought down jacket, moving his body like a gas tank, and walked quickly to the gate of the barbecue restaurant.

Just as he was about to enter the door, the phone rang.

"Third brother, what's the matter?" Dabao asked while standing outside the barbecue restaurant, holding up his mobile phone.

"Dabao, I remember you and I were on good terms. There is a buddy who works as a lawyer at Sidley Austin Law Firm. His name is Yu Wendong. Is it true?" A man's voice came from the mobile phone.

"Yes, this can still be false. I cooperate with Fang Yi's team at Sidley Austin Law Firm, where my brother Yu Wendong is a lawyer.

Third brother, do you want to introduce the case to my brother? "Dabao's tone is full of heroism.

"Help me invite Brother You over. I have something urgent to consult with him, so I must hurry." The other party's tone was rather urgent.

"Why is it so urgent? Third brother, it's not that brothers are dishonest. On this big night..., there is a fee for consulting a lawyer." Dabao has the potential to be a businessman.

"How much?" The other party asked impatiently.

(End of this chapter)