Lawyer

Chapter 357 Chapter 367 Chapter 368 (Merge one chapter) Poisoning case

"Okay, Director Hua. Director Wan and Professor Shang, welcome to this seminar. Attorney Fang from Director Wan's team is also welcome to attend the seminar. I won't say much, and the seminar officially begins now.

Recently, we took a criminal case involving the crime of releasing dangerous substances. This case has caused a lot of controversy within our team, so I would like to share it with you. We also want to hear your opinions. Lawyers and experts are also welcome to give us your advice.

Let me introduce the basic situation of the case, please watch the big screen..." The lights in the meeting room dimmed immediately, and lawyer Zhao held a laser pointer and began to introduce the case.

The criminal case Lawyer Zhao used to discuss took place in a village below a certain county in this city, not too far from Fang Yi's hometown.

The specific facts of the case are as follows. The family of the defendant Zhou Yue'e and the family of the victim Wang Xiuqin are neighbors separated by a wall.Wang Xiuqin is in her 40s and is a master who does not suffer. Both of them are registered in the village and are difficult to deal with. Even the director of the village committee has to go around when they see them.

As the saying goes, distant relatives are not as good as close neighbors, but these two families are obviously an exception. The two families don't see eye to eye, and there will be a war of words every once in a while.

At the beginning of last year, when Wang Xiuqin’s house was repairing the gate, Zhou Yue’e accused Wang Xiuqin’s gate that the steps occupied the road, so that his tractor could not enter the door. Zhou Yue’e and Wang Xiuqin stood on the street and scolded all day. shutdown.Later, the two families quarreled with the village committee, and Wang Xiuqin's family finally demolished a step to settle the matter.

Last summer, it rained heavily and often. The rainwater from the yard of Zhou Yue'e's house poured into Wang Xiuqin's house. The two of them stood in the yard holding umbrellas and scolded for a whole day, until the sky cleared.

In this way, the two families scolded about big things and quarreled about small things, and their mouths were not idle all year round.Zhou Yue'e was not as fancy as Wang Xiuqin's scolding. The two had scolded each other over the years, and Wang Xiuqin had never lost. As the saying goes, freezing three feet is not a day's cold. Over the years, Zhou Yue'e's hatred for Wang Xiuqin has grown deeper and deeper, and she decided to find an opportunity to take revenge on Wang Xiuqin .

When autumn came, Zhou Yuee saw her child holding a disposable syringe, sucking water and playing with it. She rolled her eyes and grabbed the syringe and put it away.

Later, taking advantage of no one at home, she found a bottle of methamidophos pesticide from the side room where the sundries were stored, took out more than half of the cylinder of methamidophos pesticide with a syringe, and then put the syringe in her pocket and went out.

There is a vegetable garden next to the yard of Wang Xiuqin's house, about two to three cents in size. The vegetable garden is surrounded by a low fence made of thorns from the mountain, mainly to prevent the chickens and ducks in the village from running in and pecking at the green vegetables in the garden. There is a small door on the side without a lock, and Wang Xiuqin's family usually enters and exits the vegetable garden through the small door to pick vegetables.

In fact, every family in the village has a vegetable garden, and they communicate with each other if they want to go to the vegetable garden to pick vegetables without saying hello.The vegetable garden of Wang Xiuqin's family is no exception. There are always neighbors around, and Wang Xiuqin will not say anything when they see it. Anyway, the vegetable garden is so big and there are so many vegetables that Wang Xiuqin's family can't eat.

Zhou Yue'e walked to the door of Wang Xiuqin's house with a syringe in her pocket, and when she saw General Tie guarding the door, she felt relieved and went straight to Wang Xiuqin's vegetable garden.After sneaking into the vegetable garden, she saw a loofah stand. Zhou Yuee took out a syringe, fitted a needle, and injected pesticide into more than a dozen loofahs hanging from the loofah stand.

In the evening of the next day, Wang Xiuqin went to the vegetable garden to pick some loofahs and some leafy vegetables, fried them at night and ate them with her granddaughter. Her husband went to work in the village and did not eat at home in the evening. As a result, Wang Xiuqin and her granddaughter developed symptoms of poisoning that night. .

Seeing this, Wang Xiuqin's husband hurriedly found a car and took them to the hospital.Wang Xiuqin's granddaughter was rescued and escaped from danger. After Wang Xiuqin was sent to the hospital for emergency treatment, she suffered from diabetic hyperosmolar coma and hypokalemia due to methamidophos pesticide poisoning. The county hospital misdiagnosed this and only treated her with diabetes. In the end, Wang Xiuqin died in the early morning of the next day due to ineffective rescue.

After Wang Xiuqin's death, the family held a funeral and cooked in a big pot under the loofah stand in the vegetable garden to entertain relatives and friends who came to mourn. As a result, the villagers who came to help found that some of the unpicked loofahs had small black spots, so they took the The matter was told to Wang Xiuqin's son, and everyone suspected that someone had poisoned him after seeing it, so they reported the case to the public security organ.

After the public security organ picked the loofah away, it was found through laboratory tests that there were residues of the highly toxic pesticide methamidophos in the loofah. After investigating in the village, the investigators found that Zhou Yuee was the most suspected, and later called her to the police station for questioning.

Zhou Yue'e thought her behavior had been discovered, and when she was questioned by the police, her face changed, and she was fully recruited in a short while.

At present, the case has been transferred to the Intermediate Court and is awaiting trial.Zhou Yue'e's family members came to Wanhua United Law Firm to entrust the case.

"The above is the basic situation of the case. At present, our internal disputes mainly include the following two points:
[-]. Is there a causal relationship in criminal law between the behavior of the defendant Zhou Yuee and the death of the victim Wang Xiuqin?

[-]. How should the defendant Zhou Yuee inject pesticide into the loofah planted in the victim's vegetable garden? " Lawyer Zhao said.

Seeing that everyone was silent, Lawyer Zhao continued. "Let me turn around and share my thoughts. I don't think the death of the victim Wang Xiuqin can be completely attributed to the defendant Zhou Yuee. The reasons are as follows:

Defendant Zhou Yuee used a disposable syringe to inject pesticides into several loofahs, which had limited toxicity. Victim Wang Xiuqin was poisoned by eating loofahs with pesticides, which induced her own diabetes and hyperosmolar coma and hypokalemia syndrome.

In the process of being sent to the hospital for emergency treatment, the county hospital made an inaccurate diagnosis, which delayed the best time for treatment. Therefore, I believe that there is no causal relationship in criminal law between the defendant's poisoning behavior and the victim's death. Death should be the primary responsibility of the county hospital. "

After Lawyer Zhao's voice fell, a tall male lawyer wearing glasses stood up, took the microphone and said, "I am Lawyer Xing Bin from Lawyer Hua's team. I just listened to Lawyer Zhao's speech, and I would like to express my thoughts.

The victim, Wang Xiuqin, suffered from hyperosmolar coma and hypokalemia induced by pesticide poisoning. I think the death of the victim, Wang Xiuqin, would not have occurred without the defendant’s poisoning behavior.

Therefore, there is a causal relationship in criminal law between the defendant's poisoning behavior and the victim's death. "

Then several lawyers spoke and expressed their opinions.

Listening to the speeches of the crowd, Fang Yi knew in his heart that whether there was a causal relationship in the criminal law between the defendant's behavior and the victim's death would have a major impact on the defendant's sentencing, and could even be said to determine the defendant's life or death.This is also the reason why Lawyer Zhao raised this issue and discussed it first.

If there is a causal relationship in the criminal law between the defendant's behavior and the victim's death, the defendant should bear criminal responsibility for the victim's death. crime) and the crime of intentional homicide (accomplished), according to the principle of "judgment from one felony", the defendant should be punished as the crime of throwing dangerous substances, and the sentence of fixed-term imprisonment of more than ten years, life imprisonment or death penalty Penalty applies.There is a high probability that he will be sentenced to death!

On the contrary, if there is no causal relationship in criminal law between the defendant's behavior and the victim's death, it means that the defendant does not need to bear criminal responsibility for the victim's death.The defendant's behavior only violated the imaginary concurrence of the dangerous crime of throwing dangerous substances and the crime of intentional homicide (attempt). According to the principle of "judgment from one felony", the defendant may be punished as the crime of intentional homicide (attempt). At the same time, the provisions of the general provisions of the criminal law that the attempted crime can be given a lighter or mitigated punishment compared with the accomplished crime should be applied.No fear of life!

Just as Fang Yi was thinking, Hua Liancheng tilted his head and saw Wan Kefa. He wanted Wan Kefa to express his opinion, but he was afraid that the fat old man would be a monster, so he turned his eyes to the man next to the fat old man. On Fang Yi.

"That... the new lawyer, please express your opinion. Since you are here, don't be afraid of making mistakes. We are still very open and willing to hear more different voices." Hua Liancheng smiled.

Although Hua Liancheng said politely, there was a sense of arrogance in what he said. Of course, as the deputy director of Wanhua United Law Firm, he had the confidence to say so.

Wan Kefa smiled confidently, looked at Fang Yi and said, "Lawyer Fang, tell me your opinion."

Fang Yi was taken aback, then came back to his senses and said, "Thank you! Thank you, Lawyer Hua. Then I will make a fool of myself. I think there are two main reasons why the lawyers here are divided in this case:

[-]. The victim himself suffered from diabetes, and it was precisely because of this disease that he induced hyperosmolar coma and hypokalemia after eating the poisonous loofah.

[-]. The victim was sent to the hospital for treatment after being poisoned. During the treatment process, the county hospital failed to correctly diagnose the real cause of the disease and only treated him with diabetes, which resulted in the death of the defendant.

Whether the above two points can block the causal relationship between the defendant's poisoning behavior and the victim's death is the key to this case. I wonder if everyone agrees with my point of view? "

Talking about professional issues, Fang Yi has both practical experience and theoretical foundation, so he is not afraid at all.

After a while, Professor Shang nodded and said, "I personally think these two points raised by Lawyer Fang are very important. They are also the main reason why many lawyers are confused. If these two issues are discussed clearly, most of the problems in this case will basically be resolved. gone."

"Yes, I agree with Lawyer Fang and Professor Shang. Lawyer Fang, please continue." Lawyer Zhao said.

Although the bosses of the two teams pinch each other when they meet, the lawyers of the two teams are still very harmonious. Everyone doesn't care what the two old urchins say. The purpose of the meeting is to discuss the case, not to piss people off!

"Okay, I'll continue. Let's talk about the first question first.

In my opinion, the fact that the victim suffered from diabetes cannot be a reason to prevent the existence of a causal relationship in criminal law between the defendant's poisoning behavior and the victim's death.

Let me give an example, which may be more convincing.For example, we often see such cases: A causes B minor injuries, and B dies due to bleeding.After investigation, B is a hemophiliac.Does this example look familiar to you? !

If the hospital misdiagnosis in this case is not considered, this case is very similar to the above case.As for the above cases, it is generally believed in judicial practice that B's specific constitution does not affect the establishment of a causal relationship between A's minor injury behavior and B's death.

Therefore, I believe that the causal link between the defendant's poisoning behavior and the victim's death is not blocked by the victim's diabetes. "

After speaking, Fang Yi looked at everyone present.

"Well, I think it makes sense. What kind of results a behavior can cause depends on the specific conditions of the behavior, and there is no fixed pattern." Professor Shang nodded.

"Well, I think what Lawyer Fang said makes sense. Hemophilia cases have appeared in many criminal law books. I believe everyone knows about this case." Lawyer Xing said.

"Lawyer Fang, please continue." Although Lawyer Zhao didn't fully agree, he couldn't find any more reasons to refute Fang Yi, so he could only let him continue.

"Okay, the county hospital misdiagnosed the victim in the process of rescuing the victim, which is another intervening factor, and I don't think this intervening factor can cut off the causal relationship between the defendant's poisoning behavior and the victim's death.

Theoretically, if other factors are involved in the development of causality, the possibility of the intervening factors leading to the result should be investigated, and then judge whether there is a causal relationship between the behavior and the result.

If the intervening factors have little effect on the result, and the behavior of the actor itself has a high probability of causing the result, then there is a causal relationship in criminal law between the behavior of the actor and the result.

Back to this case, [-]. The victim’s diabetic hyperosmolar coma and hypokalemia caused by the defendant’s poisoning behavior were caused by some external inducement. Lawyer Zhao just mentioned that this kind of symptom is often difficult to diagnose correctly .Of course, I don't know medicine. How difficult it is to diagnose this disease, you can ask the hospital for verification.

If the disease is really difficult to diagnose, it may be difficult to avoid misdiagnosis during the hospital's rescue of the victim.

[-]. In this case, the defendant injected a total of half a syringe of methamidophos pesticide, which was not a large dose, and was injected separately into several loofahs.The victim did not have very strong poisoning symptoms after eating the poisonous loofah, which also increased the difficulty for the hospital to accurately diagnose the cause.

[-]. After the victim was poisoned, it was the local county hospital that rescued him.I am afraid that everyone has a basic understanding of the medical conditions and medical level of the local county hospital. When encountering the special disease in this case, how likely is it to be diagnosed correctly? I am afraid that you can guess without me telling you.

To sum up, I think that the intervening factor of the hospital's diagnosis and treatment errors has little impact on the causality of this case.The defendant's poisoning behavior was the direct factor leading to the victim's death.

The above are some immature opinions of mine, and I hope they can help Lawyer Zhao handle the case a little bit.After all, I don't know much about the case, so please bear with me if I am incomplete or wrong. "Fang Yi finished speaking and looked at everyone.

Lawyer Zhao sat in the front, nodded all the time, and didn't speak. According to Fang Yi, everything he told the client before would be overturned, which he couldn't accept.

Some people opposed Fang Yi's point of view, and of course some supported it. Wan Kefa nodded in satisfaction and didn't speak, but it could be seen from his expression that he supported Fang Yi.

(End of this chapter)