Lawyer
Chapter 391 Make a sin!
Chapter 391 Make a sin!
"Lawyer Fang, will I be sentenced? My family has a three-year-old child to take care of." Chen Laidi said, wiping away tears.
"From what you said, your husband has committed domestic violence against you. Do your neighbors know about your family's situation?" Fang Yi asked.
"I know. The village has mediated several times and reported to the police. The police from the police station also came, but Li Shuangxi still beat me." Chen Laidi said.
"Well, even though Li Shuangxi said he was going to chop off your feet, when you chopped him with a knife, he had nothing in his hand. Although you chopped him with a knife out of a defensive heart, you chopped him into pieces after all. You were seriously injured, but you were only slightly injured, and your defense exceeded the necessary limit. So the police did not wrong you when they said that you constituted intentional injury. You did constitute the crime of intentional injury.” Fang Yidao.
After hearing Fang Yi's words, Chen Laidi immediately burst into tears.
"Don't worry, your case is different from other intentional injury cases, and it's not like there's no chance at all. First of all, Li Shuangxi committed domestic violence against you.
Have you been to the hospital to see the injury? "Fang Yi asked.
"I went to see it. One time, I was severely beaten. I lay on the kang for more than half a month before I got out of the ground. By the way, I have the hospital's medical book, which is in the drawer of my wardrobe." Chen Laidi said.
"Well, did the police say that you surrendered yourself?" Fang Yi asked.
"I said it. Said that I surrendered myself." Chen Laidi said, wiping away tears.
"Well, you have surrendered yourself. Even if you go to the court, the judge will consider it when sentencing. You will not be severely sentenced. Don't worry. I will go to the procuratorate to review the files in the afternoon. I just talk to the procurator and try to give you a lighter punishment. I suggest Probation, not jail." Fang Yi comforted her.
Chen Laidi nodded while wiping her tears: "Yeah!"
"Do you have any questions?" Fang Yi asked.
"How is my child?" Chen Laidi looked at Fang Yi persistently.
"The child is fine, your mother is taking care of him. Don't worry!" Fang Yi said.
After lunch, Fang Yi went to the procuratorate.
After reading the file, Fang Yi communicated the case with Prosecutor Chen who was in charge of the case.
"Lawyer Fang, you said Chen Laidi was overly defensive, and I agree.
Facing the real and imminent personal danger, Chen Laidi used a knife to fight back, which constituted a legitimate defense. Although the knife was prepared in advance, it did not affect the nature of the defense.
Li Shuangxi beat Chen Laidi with his bare hands, committing an act of general violence. Although he claimed to chop her with a kitchen knife, Chen Laidi hacked Li Shuangxi with a knife before using tools or high-intensity means that might endanger life or cause serious injuries. There is an obvious imbalance between the consequences of damage and the unlawful infringement, which is an excessive defense.
We agree with you on this point. "Prosecutor Chen said.
"According to the Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on the "Opinions on Handling Domestic Violence Cases According to the Law" (Fa Fa [2015] No. 4)
In order to protect the personal rights of oneself or others from unlawful infringement, taking actions to stop ongoing domestic violence and complying with the first paragraph of Article No. 20 of the "Criminal Law" shall be deemed as justifiable self-defense.If the defensive behavior obviously exceeds the necessary limit, causing serious injury or death to the perpetrator, it is considered excessive defense and should bear criminal responsibility, but the punishment should be reduced or exempted.
You see, although Chen Laidi constituted the crime of intentional injury, she was overly defensive, and her family's financial conditions were poor. I went to Li Shuangxi's house once before.
There are three members of Li Shuangxi's family. Now he is seriously injured, Chen Laidi is locked up inside, and Li Shuangxi's parents are old and sick, unable to work.
Before Li Shuangxi worked as a small worker in the local construction team, he could still support his family. After being chopped up, the family had no income and no one to take care of the children. The village applied for subsistence allowances for his family. Now the subsistence allowance is the mainstay of the family. Economic sources.
In order to demonstrate judicial humanistic care, soothe trauma, avoid "poor cases" and "return to poverty due to cases", and promote family and social harmony and stability." Fang Yi had just finished speaking when Prosecutor Chen interrupted him.
"Lawyer Fang, I understand what you mean. In fact, after getting the case file, my assistant and I went to the village twice to interview the villagers and the village committee. According to the certificate issued by the village committee and the villagers' reactions, Li Shuangxi did He often committed domestic violence against Chen Laidi after drinking, and beat relatives, friends and neighbors many times.
The village committee, villagers, and Li Shuangxi's parents all believed that Chen Laidi's actions were against domestic violence, and hoped that we would deal with her lightly.
In view of the fact that this case was caused by family conflicts, Chen Laidi surrendered himself, and Li Shuangxi's parents have forgiven Chen Laidi, so we will give a lighter punishment and may not prosecute.A decision will be made after the meeting next week. "Prosecutor Chen said.
"Thank you, I thank you on behalf of the client. It is really difficult for Chen Laidi's family. The family has no income and no one to take care of the children. Can you apply for release on bail first?" Fang Yi said and handed the application for release on bail to Prosecutor Chen. member.
"Let's study it. I don't think it's a big problem. Go back and wait for the notice." Inspector Chen said after receiving the application.
On Friday, Fang Yi suddenly found out that he had been busy doing business to make money, and hadn't returned to his hometown for a long time. He planned to go back to his hometown on weekends.
Originally, he planned to take his son Xiaozhi back home, and just asked his son to mediate so that he could relax, but his ex-wife Cao Xiaohui hired a tutor for Xiaozhi, and he had classes every morning and afternoon on Saturdays. Studying is a good thing, and Fang Yi had no reason not to let him go. The son took homework lessons and went back to the village alone.
The situation in the village can best be described with a line of lyrics: the star is still that star, the moon is still that moon, the mountain is still that mountain, and the beam is still that beam. Father and mother are mothers.In short, it is still the same, but there is another bachelor!
Fang Yi still brought a lot of supplements to his father, but in the eyes of his father Fang Youcai, the supplements that Fang Yi brought back with foreign codes were not as real as eggs.
"Dad, I see a lot of white paper money on the road in the village. Has someone passed away?" After dinner, Fang Yi cleaned up the dishes and sat on the bench to smoke.
Fang Youcai sat on the steps at the entrance of the main house, sucking on the brass cigarette holder, and after exhaling a mouthful of smoke, he sighed and said lightly, "It's Old Li from the west side of the village, your Second Uncle Li."
"Second Uncle Li? Isn't he usually in good health? Why is he gone?" Fang Yi said in surprise.
"This man, it's hard to say! Lao Geda (the nickname of an old man in the village) next door to Lao Litou has been panting every step of the way for five years, as if he was dying. Everyone said he couldn't make it through the Spring Festival, but after so many years, he is still alive." like that.
Old Li Tou is usually as strong as a cow, and he is neat when working in the fields, but no one thought that he would leave first.Not even a sign.There are fewer and fewer old folks in the village every year! "Fang Youcai said.
"When did it happen?" Fang Yi asked.
"What happened last Sunday, he had been dead for several days when he was discovered. If it wasn't for the smell coming from his house, the villagers would not have known about it." Fang Youcai said.
"Ah! What about Second Uncle Li's family?" Fang Yi asked.
Because the previously written content violated the rules, I re-wrote a story and updated it. Please forgive me.
(End of this chapter)
"Lawyer Fang, will I be sentenced? My family has a three-year-old child to take care of." Chen Laidi said, wiping away tears.
"From what you said, your husband has committed domestic violence against you. Do your neighbors know about your family's situation?" Fang Yi asked.
"I know. The village has mediated several times and reported to the police. The police from the police station also came, but Li Shuangxi still beat me." Chen Laidi said.
"Well, even though Li Shuangxi said he was going to chop off your feet, when you chopped him with a knife, he had nothing in his hand. Although you chopped him with a knife out of a defensive heart, you chopped him into pieces after all. You were seriously injured, but you were only slightly injured, and your defense exceeded the necessary limit. So the police did not wrong you when they said that you constituted intentional injury. You did constitute the crime of intentional injury.” Fang Yidao.
After hearing Fang Yi's words, Chen Laidi immediately burst into tears.
"Don't worry, your case is different from other intentional injury cases, and it's not like there's no chance at all. First of all, Li Shuangxi committed domestic violence against you.
Have you been to the hospital to see the injury? "Fang Yi asked.
"I went to see it. One time, I was severely beaten. I lay on the kang for more than half a month before I got out of the ground. By the way, I have the hospital's medical book, which is in the drawer of my wardrobe." Chen Laidi said.
"Well, did the police say that you surrendered yourself?" Fang Yi asked.
"I said it. Said that I surrendered myself." Chen Laidi said, wiping away tears.
"Well, you have surrendered yourself. Even if you go to the court, the judge will consider it when sentencing. You will not be severely sentenced. Don't worry. I will go to the procuratorate to review the files in the afternoon. I just talk to the procurator and try to give you a lighter punishment. I suggest Probation, not jail." Fang Yi comforted her.
Chen Laidi nodded while wiping her tears: "Yeah!"
"Do you have any questions?" Fang Yi asked.
"How is my child?" Chen Laidi looked at Fang Yi persistently.
"The child is fine, your mother is taking care of him. Don't worry!" Fang Yi said.
After lunch, Fang Yi went to the procuratorate.
After reading the file, Fang Yi communicated the case with Prosecutor Chen who was in charge of the case.
"Lawyer Fang, you said Chen Laidi was overly defensive, and I agree.
Facing the real and imminent personal danger, Chen Laidi used a knife to fight back, which constituted a legitimate defense. Although the knife was prepared in advance, it did not affect the nature of the defense.
Li Shuangxi beat Chen Laidi with his bare hands, committing an act of general violence. Although he claimed to chop her with a kitchen knife, Chen Laidi hacked Li Shuangxi with a knife before using tools or high-intensity means that might endanger life or cause serious injuries. There is an obvious imbalance between the consequences of damage and the unlawful infringement, which is an excessive defense.
We agree with you on this point. "Prosecutor Chen said.
"According to the Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on the "Opinions on Handling Domestic Violence Cases According to the Law" (Fa Fa [2015] No. 4)
In order to protect the personal rights of oneself or others from unlawful infringement, taking actions to stop ongoing domestic violence and complying with the first paragraph of Article No. 20 of the "Criminal Law" shall be deemed as justifiable self-defense.If the defensive behavior obviously exceeds the necessary limit, causing serious injury or death to the perpetrator, it is considered excessive defense and should bear criminal responsibility, but the punishment should be reduced or exempted.
You see, although Chen Laidi constituted the crime of intentional injury, she was overly defensive, and her family's financial conditions were poor. I went to Li Shuangxi's house once before.
There are three members of Li Shuangxi's family. Now he is seriously injured, Chen Laidi is locked up inside, and Li Shuangxi's parents are old and sick, unable to work.
Before Li Shuangxi worked as a small worker in the local construction team, he could still support his family. After being chopped up, the family had no income and no one to take care of the children. The village applied for subsistence allowances for his family. Now the subsistence allowance is the mainstay of the family. Economic sources.
In order to demonstrate judicial humanistic care, soothe trauma, avoid "poor cases" and "return to poverty due to cases", and promote family and social harmony and stability." Fang Yi had just finished speaking when Prosecutor Chen interrupted him.
"Lawyer Fang, I understand what you mean. In fact, after getting the case file, my assistant and I went to the village twice to interview the villagers and the village committee. According to the certificate issued by the village committee and the villagers' reactions, Li Shuangxi did He often committed domestic violence against Chen Laidi after drinking, and beat relatives, friends and neighbors many times.
The village committee, villagers, and Li Shuangxi's parents all believed that Chen Laidi's actions were against domestic violence, and hoped that we would deal with her lightly.
In view of the fact that this case was caused by family conflicts, Chen Laidi surrendered himself, and Li Shuangxi's parents have forgiven Chen Laidi, so we will give a lighter punishment and may not prosecute.A decision will be made after the meeting next week. "Prosecutor Chen said.
"Thank you, I thank you on behalf of the client. It is really difficult for Chen Laidi's family. The family has no income and no one to take care of the children. Can you apply for release on bail first?" Fang Yi said and handed the application for release on bail to Prosecutor Chen. member.
"Let's study it. I don't think it's a big problem. Go back and wait for the notice." Inspector Chen said after receiving the application.
On Friday, Fang Yi suddenly found out that he had been busy doing business to make money, and hadn't returned to his hometown for a long time. He planned to go back to his hometown on weekends.
Originally, he planned to take his son Xiaozhi back home, and just asked his son to mediate so that he could relax, but his ex-wife Cao Xiaohui hired a tutor for Xiaozhi, and he had classes every morning and afternoon on Saturdays. Studying is a good thing, and Fang Yi had no reason not to let him go. The son took homework lessons and went back to the village alone.
The situation in the village can best be described with a line of lyrics: the star is still that star, the moon is still that moon, the mountain is still that mountain, and the beam is still that beam. Father and mother are mothers.In short, it is still the same, but there is another bachelor!
Fang Yi still brought a lot of supplements to his father, but in the eyes of his father Fang Youcai, the supplements that Fang Yi brought back with foreign codes were not as real as eggs.
"Dad, I see a lot of white paper money on the road in the village. Has someone passed away?" After dinner, Fang Yi cleaned up the dishes and sat on the bench to smoke.
Fang Youcai sat on the steps at the entrance of the main house, sucking on the brass cigarette holder, and after exhaling a mouthful of smoke, he sighed and said lightly, "It's Old Li from the west side of the village, your Second Uncle Li."
"Second Uncle Li? Isn't he usually in good health? Why is he gone?" Fang Yi said in surprise.
"This man, it's hard to say! Lao Geda (the nickname of an old man in the village) next door to Lao Litou has been panting every step of the way for five years, as if he was dying. Everyone said he couldn't make it through the Spring Festival, but after so many years, he is still alive." like that.
Old Li Tou is usually as strong as a cow, and he is neat when working in the fields, but no one thought that he would leave first.Not even a sign.There are fewer and fewer old folks in the village every year! "Fang Youcai said.
"When did it happen?" Fang Yi asked.
"What happened last Sunday, he had been dead for several days when he was discovered. If it wasn't for the smell coming from his house, the villagers would not have known about it." Fang Youcai said.
"Ah! What about Second Uncle Li's family?" Fang Yi asked.
Because the previously written content violated the rules, I re-wrote a story and updated it. Please forgive me.
(End of this chapter)
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