Lawyer

Chapter 256 This Woman Is Cruel

After Zheng Butcher and Shi Jinsuo came under the bridge opening, Zheng Butcher held the machete and gestured for a long time, not knowing where to cut it. He was good at butchering pigs, and it was really the first time a big girl got on the sedan chair to do this.

Shi Jinsuo had no idea, so he casually signaled him to cut off the parts of his legs below the knees and above the ankles. After drinking half a bottle of white wine, Butcher Zheng chopped them off twice in fear. Put it in a plastic bag prepared in advance, threw the machete into the river under the bridge, and then drove away from the scene. On the way, Butcher Zheng discarded the two broken feet.

After Zheng Tuhu left, Shi Jinsuo called for help, but was spotted by people passing by on the bridge and called the police, and then the Yaoyaoling police who arrived from Shi Jinsuo were sent to the hospital for emergency treatment.

Afterwards, Shi Jinsuo reported the case to the public security organs and the insurance company, falsely claiming that his feet were cut off during robbery by two masked men, and applied for insurance compensation.

Not long after Shi Jinsuo applied for a claim from the insurance company, the public security agency found the vehicle involved through monitoring, and immediately cracked the case and arrested Butcher Zheng.

After forensic identification and disability assessment, Shi Jinsuo's injury was classified as serious, and the disability assessment was grade 21.In addition, he was hospitalized for [-] days in the county hospital and the city hospital, and spent a total of more than [-] yuan in medical expenses.

Zheng Tuhu's daughter-in-law Gao Yulan didn't know these things at first, but Zheng Tuhu told her before she was arrested.

"For the insurance compensation of more than 50 yuan, cut off both legs?" Fang Yi's eyes widened, and he looked at Gao Yulan in surprise.

Gao Yulan nodded: "Our family, Zheng Zhen, is a fool. He was told to chop it up, but he really did it, but now he was arrested, and Shi Jinsuo's family came to my house to make trouble again, threatening not to pay 50 yuan in compensation. This matter is endless. I can't live through this day..."

Seeing that Gao Yulan started crying again, Mei Xiaoting hurriedly sat beside Gao Yulan, trying to comfort her.

Fang Yi tried to persuade the other party to no effect, and he was bored, so he said with a straight face: "Ms. Gao, if you keep crying like this, I can only go home from get off work. Let's make an appointment another day."

"What do you mean? I paid the consulting fee." Ms. Gao immediately stopped crying when she heard this, raised her eyebrows and asked questioningly. Seeing that posture, she almost rolled up her arms and sleeves to fight.

"That's right, what we charge is the consulting fee, not the crying fee. If you cry for three days and three nights, can you cry your father back, or can you cry the Great Wall down?
So if you stop crying, let's get down to business. If you still want to cry, then you can only make an appointment next time.what do you think? Fang Yi asked back without fear.

"I'm consulting, I'm consulting now. Tell me, I'll listen." Gao Yulan didn't come here to quarrel, but to consult and solve problems, so she wasn't so stupid that she couldn't figure it out.

"From what you just said, there is a high probability that your husband has committed the crime of intentional injury. The other party wants your family to pay 50 yuan. I am afraid that the court will not fully support this. The court will judge the amount of compensation according to the degree of fault of both parties, but there is a high probability that it will not There is such a high amount." Fang Yi said.

"Before I went to the county lawyer to see my husband in the detention center. The lawyer came back and said that my husband was suspected of insurance fraud and intentional injury. According to your opinion, my husband should not be guilty of insurance fraud?" In Gao Yulan's view, one more One more crime is not good for the husband, one crime is better than two crimes, and the husband will also spend a few years less in it.

"Well, how should I put it, each lawyer considers the case from a different perspective, and the analysis results will naturally be somewhat surprising. This is the same as when you go to two hospitals to see the same disease, and sometimes the diagnosis results are different. same.

As far as your husband's case is concerned, I personally think that the intentional injury committed by your husband is very likely to be regarded by the procuratorate as an accomplice to the crime of insurance fraud, but it does not mean that your husband must be charged with the crime of insurance fraud Conviction and sentencing, and concurrent punishment with the crime of intentional injury.

In fact, your husband only committed one act, that is, helping Shi Jinsuo to commit self-mutilation.Because this act has two different natures at the same time (that is, on the one hand, it intentionally hurts the health of others, and on the other hand, it creates conditions for Shi Jinsuo to conduct insurance fraud), and it violates the crime of intentional injury and insurance fraud. This is an imaginary joint offender.

According to the imaginary principle of concomitant crimes, it is obvious that your husband should only be convicted of the crime of intentional injury, and should not be punished with the crime of intentional injury and the crime of insurance fraud.

Do you understand me when I explain it this way? Seeing that Gao Yulan's eyes were a bit confused, Fang Yi asked.

Gao Yulan shook her head in bewilderment.

"Well, what I said just now was too professional, let's put it bluntly, although your husband's behavior may constitute an accomplice in the crime of insurance fraud, he should still be punished as the crime of intentional injury.

Because the subject of the crime of insurance fraud is a special subject, according to the provisions of Article 190 of the "Criminal Law", only the policyholder, the insured or the beneficiary are the subjects of the crime of insurance fraud.If the policyholder or the beneficiary intentionally causes the insured to become disabled and defrauds the insurance money, if the crime of intentional injury and the crime of insurance fraud are constituted at the same time, the two crimes shall be punished concurrently.

Your husband is neither the policyholder nor the beneficiary, so I personally think that he can only constitute the crime of intentional injury. "Fang Yi said.

"Oh, I understand now, how many years will my husband be sentenced?" Gao Yulan continued.

"I can't say how many years you will be sentenced, but Shi Jinsuo was seriously injured. According to regulations, your husband's sentence should be between three and ten years in prison. If you can obtain a letter of understanding from the other party, the court will consider it when sentencing." Fang Yi said.

"A letter of understanding! Then how much should my family compensate the other party? Although my family has some money, I can't hold back the other party's mouth!" Gao Yulan wailed.

"It's really hard to say, it depends on the other party's expenses and the division of responsibilities. I think if it is a court judgment, it should not be able to give that much. But if you mention the letter of understanding to the other party, the other party will definitely take this opportunity to hit you A sum." Fang Yi thought for a while.

"Let's forget about it. Anyway, it's impossible to get acquitted after getting the letter of understanding. I have to think about my children and my future life." Gao Yulan said after a moment of silence.

"Is your husband planning to entrust us with this case?" Fang Yi asked.

"Well, I want to think about it again." Gao Yulan said.

"Okay, you have thought it over, and write to us as soon as possible." Fang Yi said.

"My husband really can't plead not guilty?" Gao Yulan asked before going out.

"This is very difficult. I can only plead less guilty." Fang Yi shook his head and said.

After Gao Yulan left, Mei Xiaoting muttered on the way back to her work station: "This woman is cruel enough, my husband is about to go to jail, and I don't want to spend money to buy a letter of understanding."

(End of this chapter)