Lawyer

Chapter 364 There are so many ways!
Walking out of the detention center, Qian Wen was silent, but followed Fang Yi silently.

"I sympathize with Xiao Wang." Qian Wen said suddenly after getting into the car.

"Well, being sympathetic means that you are not numb, and you will be a good lawyer." After starting the car, Fang Yi glanced at Qian Wen.

In fact, he only said half a sentence, and the second half in his heart is: But the flood of sympathy is not necessarily a good thing for a lawyer, especially a criminal lawyer, because sympathy will make you lose your judgment and disrupt your logic thinking ability.

If Wang Deyou or Mei Xiaoting was sitting next to him, Fang Yi would definitely tell the whole story, but as for Qian Wen, he could only point to the end.

For such a profession that requires not only insight into human nature, but also rich experience, and to prevent self-lostness, Qian Wen is still too young, and society is too complicated!

"Well, thank you!" Qian Wen nodded: "Lawyer Fang, do you think Xiao Wang will be sentenced to death? What I mean is that he will cooperate with the police investigation after being brought to justice. Can we use this as a breakthrough and ask the court for a lighter sentence or Reduce punishment!"

This was Qian Wen's first criminal case. She felt that she should do something. She didn't want to just go through the procedure and watch the client be sentenced to death.

"We can defend in this way, but according to the circumstances of the case, the court will most likely not adopt it, and will still sentence him to death." Fang Yi said.

"Why?" Qian Wen turned to look at Fang Yi.

"According to Article 230 of the Criminal Law, whoever commits homicide intentionally shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Did you find that Article 230 of the Criminal Law is listed in order from heavy punishment to light punishment? Do you know what this means? "Fang Yi asked.

With a confused look on his face, Qian Wen shook his head and said, "I don't know."

"This means that the crime of intentional homicide is a very serious crime that violates the personal rights of citizens and must be severely cracked down on. Therefore, in judicial practice, the court will first consider heavy sentences when sentencing criminals who commit intentional homicide. When severe punishment is not applicable, light punishment will be the next best option. So I speculate that the court will sentence Xiao Wang to death with a high probability." Fang Yi explained.

"Oh, so that's what happened!" Qian Wenru was astonished, and then he was puzzled: "Will this lead to a rote application of the law? This is a human life! And the victim was at fault first."

"There is some truth in what you said. It is true that some judges decide cases mechanically and mechanically, but not all judges are like this.

Holmes, do you know this man? "Fang Yi asked.

Qian Wen shook his head: "When I was in college, all I read were laws and textbooks. Other than that, I basically didn't read anything related to majors. Of course, the exception was when I was writing my graduation thesis."

"Well, I read Holmes' "Road to Law" when I was in graduate school, and it was very inspiring to me. Holmes said that lawyers should start from the perspective of 'bad guys', study the law, figure out the judges, and then guide clients how to avoid legal punishment.

Of course, the 'bad guys' here are legal bad guys, those who walk on the edge of the legal red line, and their 'bad' is moral.In fact, if you look closely, you can see many such bad guys.

Not only that, "The Way of Law" also belittles the formalistic legal thinking of superstitious logic to nothing. "Fang Yi chatted.

"Is the formalism you are talking about the kind of formalism we often see on the Internet? In fact, the higher ups are also opposed to formalism." Qian Wen didn't say it clearly, but Fang Yi understood what she meant by formalism.

"The legal formalism that Holmes refers to is not just a formalism that only does superficial articles, but also a closed deductive system that regards law as European geometry.

In fact, I think the law is a rule based on common cognition. As time goes by, people's common cognition changes, so the law should be revised according to the times. This kind of thing is definitely not a few jurisprudence. It can be done by experts, and credibility and social development must also be considered.

But for us lawyers, I think what Holmes said about lawyers is still very practical.If we lawyers want to gain a firm foothold, it is definitely not as simple as obtaining a certificate or memorizing the law.I can forget everything in the school books, but I dare not stop thinking about how to solve problems, because the ability to solve problems is the core competitiveness of lawyers. "Fang Yi said.

"Then how should we deal with the conflict between law and morality?" Qian Wen looked at Fang Yi suspiciously, wanting to hear his opinion.

"What is legal does not necessarily conform to moral standards, and what conforms to moral standards must also be legal.

Let’s take an extreme example. You can see that in many Chinese and foreign novels, there are plots in which the male protagonist avenges his mother or father, but no readers will say that the male protagonist did something wrong, call him bloody, and even be admired by others. , such as the Zhang Koukou case.

This is the moral standard in the minds of the public.But is this behavior legal?From a legal point of view, it is illegal.

So there is no need for lawyers to care about the relationship between law and morality. I think what a lawyer should consider is how to protect the client from legal punishment or reduce punishment.

As for morality, you can use it to defend the client, but don’t rely on it. It is possible that the judge agrees with the moral standard mentioned by the defender, but the judge will not use morality as the basis for judging the case. "Fang Yi said.

Qian Wen didn't expect Fang Yi to have so many thoughts in his head. It seems that he is not suitable for criminal cases. If he has a chance, he should follow Ma Yi or Lao Huang to do civil cases, at least the risk is less.

"I'm just stating my opinion, but we still have to defend what should be defended. If the judge has other ideas, maybe Xiao Wang's life can be saved." Fang Yi encouraged.

The next morning, not long after Fang Yi brought Qian Wen back from reviewing papers in the court, Peng Huayan brought her sister-in-law Liu Fangzhi to the law firm.

Peng Huayan's brother rarely talked with his wife Liu Fangzhi about work matters, so Liu Fangzhi knew very little about the case. She had gone to a local lawyer to meet with her in the detention center before. The information Peng Huayan knew was what she heard from the lawyer, and the case was quickly transferred to the In the court, Liu Fangzhi was an uninitiated person. At this time, she was already panicked and didn't know what to do, so she had to ask her sister-in-law Peng Huayan for help.

After Liu Fangzhi completed the entrustment procedures with Zhou Ying's assistance, Fang Yi sent the two out of the law firm.

Xiao Wang's case was handed over to Qian Wen. Fang Yi saved a lot of energy and made time for him to start the interview at the Yolu Provincial Detention Center, and then make an appointment with the prosecutor to discuss the case and make an appointment for the court to review the files.

(End of this chapter)