Lawyer

Chapter 358 You are too talented to engage in theoretical research, you should engage in football!

"Okay, let's discuss this issue here first. It's good for everyone to express their opinions and express their views. Let's discuss the next question: how should the defendant Zhou Yuee inject pesticides into the loofahs planted in the victim's vegetable garden? How should this behavior be characterized?" Hua Liancheng didn't want everyone to dwell on the first question, so he directly changed the subject to the second question.

"Old rules, let me first talk about the results of our internal discussion. Basically, there are two opinions:
The first opinion: The defendant poisoned and murdered to vent his personal anger. The object of infringement was a specific object, and the object of infringement was the specific victim Wang Xiuqin's right to life and health. Therefore, the crime in this case should be characterized as intentional homicide.

The second opinion: Although the defendant injected pesticides into the loofah grown in the victim's vegetable garden, initially only for the purpose of killing the victim, since the loofah grows outdoors, it is very likely to be picked and eaten by his relatives, friends or other villagers, resulting in an unspecified majority Therefore, the defendant's behavior threatened public safety and should be convicted as the crime of throwing dangerous substances.

I agree with the first opinion, according to intentional homicide (attempted) characterization. "Lawyer Zhao said. This kind of characterization is undoubtedly the most beneficial for the parties, and it is also the defense plan of Lawyer Zhao.

"I support the second opinion. Because the vegetable gardens of each family in the village are open, it is very common for villagers to pick vegetables from each other's vegetable gardens. Therefore, the defendant's poisoning behavior has virtually threatened the lives of unspecified people. It is defined as the crime of throwing dangerous substances." Lawyer Xing said.

Everyone could see that Lawyer Zhao and Lawyer Xing had opposite opinions. Fang Yi was very curious whether they would argue if they met together on weekdays.

"Let me first express my opinion. According to Articles [-] and [-] of the Amendment to the Criminal Law of the People's Republic of China ([-]), the so-called crime of throwing dangerous substances refers to the intentional throwing of toxic, radioactive, and infectious pathogens." and other substances that endanger public safety.

Regarding this case... Lawyer Fang, what do you think? "Professor Shang kicked the ball to Fang Yi.

Don't wait for this, just say what you say, why are you pushing me here!What do these mean!Fang Yi looked at Professor Shang with a puzzled expression.

"What I mean is that you have rich practical experience as lawyers, unlike us who do theoretical research in school all day long, so I want to hear your opinion." A trace of embarrassment flashed in Professor Shang's eyes.

"Then what..., in judicial practice, the characterization of some cases where dangerous substances were released for the purpose of killing a specific minority of people is indeed easy to cause controversy. I think this is the case."

Fang Yi hated Professor Shang in his heart, and thought to himself: Professor Shang, you are too talented to engage in theoretical research. You should engage in football. You play so vigorously.

"In my opinion, if the act of releasing dangerous substances may threaten or endanger the life and health of other unspecified people in addition to the specific purpose (killing a specific minority of people), and the actor has knowledge of this, it means that the actor If there is a mentality of allowing the consequences of endangering public safety to occur, then the act of the perpetrator throwing dangerous substances is an imaginary concurrent crime of the crime of (indirect intentional) throwing dangerous substances and the crime of (direct intentional) intentional homicide. According to the principle of judgment, it should be punished as the crime of throwing dangerous substances.

The defendant and the victim in this case are neighbors for many years. I came from the countryside. The village where the crime happened is not far from my hometown. The villagers in the village generally communicate with each other frequently. Although they are mainly used for their own consumption, they may be picked up by neighbors or used to entertain visitors. This is also a local custom.

The defendant had lived in the village for many years and knew the local customs and habits. She should be very clear about the possible harmful consequences of poisoning. Therefore, before the defendant injected pesticides into the loofah, she had already been aware of the possibility of poisoning the loofah. Other unspecified people have corresponding understanding.

Therefore, in addition to the direct intention of killing the victim, the defendant also had the indirect intention of allowing the consequences of endangering public safety to occur. Therefore, this case should be classified as the crime of throwing dangerous substances. "Fang Yi said.

Half an hour later, the seminar was over, and Fang Yi returned to his work station.Wan Kefa hummed a ditty and returned to the office, and Hua Liancheng chased after him after a while.

"How about it, Lao Hua? Our lawyer Fang can do it!" Wan Kefa sat on the sofa, crossed his legs, and said triumphantly.

"Old Wan, where did you find Lawyer Fang, give it to me! You also know that the criminal department of our team is relatively weak, not as strong as yours..." Hua Liancheng said with a smile.

"It's not easy! Lao Hua, I'm finally convinced! Attorney Fang was sent to me by you at the beginning. When your team merged with Gu Datong's non-litigation team of Jinshi Law Firm, the lawyers were full. He and two other lawyers stuffed it for me, and now I want to go back, hehe, there is no door, I have to keep him to redeem." Wan Kefa proudly said.

"Then I take back what I said before, it's okay! I didn't have a position back then, but now I have a position in my team." Hua Liancheng said shamelessly.

"Estoppel, don't you understand!" Wan Kefa sullenly said.

"You can do it!...You are ruthless! Lawyer Zhao may not lose the case just now, just wait and see the result!" Hua Liancheng said.

"Okay, I'll wait! I won't give it away!" Wan Kefa said with a smile.

On Saturday morning, Cao Xiaohui sat in front of the dressing table and looked at herself in the mirror, as if seeing a stranger. Several days of insomnia and anxiety made her skin lose its luster and her eyes were dull. The bags under the eyes became more and more obvious, and the hair fell out in handfuls.

The negotiation with the state-owned enterprise failed. The other party lowered the price of the equity purchase at the beginning. After continuous negotiations (begging for perfection), Mr. Jin finally nodded and agreed to sell the company's equity at a low price. But just the day before signing the agreement, the higher-level Transaction terminated.

This sudden change made Cao Xiaohui feel uneasy. Could it be a sign that the storm is coming?She is the chief financial officer, and she knows the company's financial situation very well. Now the company's bad debt rate is extremely high. Seeing people coming in and going out are booming, but in fact, it has long been unable to make ends meet.

Although Boss Jin kept telling her that he had already found an investor and was negotiating, Cao Xiaohui knew that given the company's current situation, no one would invest or take over the deal.Nine lids and ten tanks, there will always be a day when they can't be covered, and Cao Xiaohui speculates that that day is not far away.

(End of this chapter)