Lawyer
Chapter 396 Will he be sentenced to death?
Chapter 396 Will he be sentenced to death?
Ever since they found out that Xu Wannian was married, the two had quarreled many times. Chen Qingqing thought that since Xu Wannian had already been slept by the other party, and Xu Wannian had a good job, a house and money, why not take over the magpie's nest and become a regular at the top.
After making up her mind, Chen Qingqing kept urging Xu Wannian to divorce her ex-wife, but Xu Wannian just wanted to have fun and didn't want to marry her, let alone abandon his wife and children.
Xu Wannian couldn't do it because of Cui, so he ran to the hotel to stay for two days. During this period, the two had another fierce quarrel on WeChat. Finally, Xu Wannian said that he wanted to break up with her, and came back to get his clothes and move out.
Chen Qingqing was irritated, and immediately became excited, got into a dead end, and clamored that it was okay to move out, but it had to be done.Xu Wannian asked her how she made the break. She said that the two faced each other, and one stabbed the other once, and let you go after the stabbing.
Xu Wannian thought she was talking angry and ignored her, so he returned to the house where they lived together the next morning, preparing to pack up his clothes and move out.
When Xu Wannian entered, Chen Qingqing had just gotten up and was sitting by the window wiping tears. After that, the two had another fierce quarrel and pushed and shoved.
Xu Wannian panicked and slapped Chen Qingqing across the face. The latter fell down on the sofa, and then he also sat on the bed, smoking a cigarette sadly.
Chen Qingqing, who felt that she had been greatly wronged, saw a fruit knife on the coffee table, grabbed it, rushed to Xu Wannian emotionally, and shouted hysterically at Xu Wannian who was sitting on the bed and smoking: Come on!Stab one knife at a time, come on!
Xu Wannian blushed, and suddenly stood up and approached Chen Qingqing. Chen Qingqing's hand holding the knife was raised on his chest, with the tip of the knife facing forward.
Because the distance between the two was too close, Xu Wannian's movements were too sudden. When Chen Qingqing was excited, he held the fruit knife firmly in his hand, and heard a "pop" as the fruit knife pierced into Xu Wannian's left chest. , both of them were stunned.
When Chen Qingqing saw it, she was dumbfounded immediately, and retreated tremblingly. When the fruit knife left Xu Wannian's chest, blood was scattered all over his chest.Xu Wannian suddenly felt his whole body go limp, and fell to the ground, and soon the ground was stained red with blood.
Chen Qingqing was so frightened that she shivered into a ball. She looked around and saw the mobile phone on the coffee table. She immediately rushed to pick up the mobile phone and dialed the emergency number.
Soon Xu Wannian was sent to the hospital for emergency treatment, and then Chen Qingqing called Yaoyaoling to call the police.After the police came to the hospital, they took her back to the Public Security Bureau for investigation.
Just over an hour after Chen Qingqing was taken away by the police, Xu Wannian died after rescue efforts failed. It was identified that Xu Wannian was stabbed in the left chest with a single-edged stabbing instrument, resulting in the rupture of the left upper lobe of the lung and the left pulmonary artery, causing massive hemorrhage.
The case was quickly sent to the procuratorate. Seeing that the case was simple, the procuratorate quickly filed a public prosecution in the court, accusing Chen Qingqing of intentional injury (causing death).
"I really didn't mean it at the time, really!" Chen Qingqing cried while talking.
"According to what you said, it was Xu Wannian who bumped into the fruit knife in your hand, didn't you stab him on your own initiative?" Fang Yi asked.
"Yes, I was standing still and he bumped into me." Chen Qingqing said with tears in her eyes.
"What did you think at that time?" Fang Yi continued to ask.
"I was so desperate at the time, I just wanted to stab someone and die!" Chen Qingqing said.
"Is there anything you want to ask?" Fang Yi asked after a while.
"How are my parents?" Chen Qingqing looked at Fang Yi and asked.
"They're fine. Is there anything you want me to convey?" Fang Yi said.
Chen Qingqing shook her head, then bent down, shrugged her shoulders, and began to cry.
Walking out of the detention center, Fang Yi stood by the car, took out a red plum and lit it, took a deep breath, then let it out slowly, leaned on the car and looked at the distant sky: another woman trapped by love.
This case reminded him of a divorce case that Ma Yi had handled before.Ethics and morals can tell women what kind of behavior can be erected on the archway, and what kind of behavior can only be regarded as a bitch.But feelings are really hard to tell right from wrong. In order to set up a memorial archway, if you suppress your heart and suffer yourself, will you be able to be happy?So how to explain dare to love and dare to hate?
Maybe women will praise the woman who erected the archway, but when it is their turn, most women may wish that they are the one who dares to love and hate, and live a life of chicness.The world may be so contradictory.How can it be reasonable to say that people have two skins!
One morning later, Fang Yi met Chen Qingqing's father, Chen Daxing, in the conference room of the law firm.
"Lawyer Fang, the lawyer who received me before said that my Qingqing's case may not constitute a crime.
The lawyer said that although my family Qingqing had a fruit knife in her hand, she did not stab the man. The dead man knew that my family Qingqing had a knife in his hand, but suddenly got up and hit the tip of the knife. This is self-harm, or even suicide. "Chen Daxing's eyes were full of anticipation, and he hoped to hear what he was looking forward to from Fang Yi.
Fang Yi looked at the grey-haired old man in his 50s who was about to retire, and couldn't bear it, but the reality is sometimes so cruel.
"At that time, the lawyer who accepted the case only made a preliminary judgment based on your introduction to the case, but there was a lack of information. I read the case file and went to the detention center to ask your daughter Chen Qingqing, so I have a more comprehensive understanding of the entire case.
In this case, your daughter Chen Qingqing clearly expressed her intention to "stab one person with a knife", but the victim Xu Wannian did not agree, at least no indication of consent can be seen from the WeChat records of their communication.
In judicial practice, effective consent requires the existence of tangible representations.
Of course, you can regard the victim Xu Wannian's sudden getting up and approaching the fruit knife in Chen Qingqing's hand as his tacit consent to abandon his own legal interests, that is, suicide and self-mutilation.
However, from the perspective of evidence, the above assertion is difficult to clarify, and no corresponding evidence can be found.Therefore, the victim's suicide and self-mutilation cannot be used as the reason for your daughter Chen Qingqing's innocence.
Therefore, I can only provide a plea of misdemeanor to your daughter, but not a plea of innocence. "Fang Yi said.
Chen Daxing was silent. Although he didn't quite understand the theoretical things Fang Yi said just now, he understood the last sentence. Because of the evidence, the lawyer couldn't defend his daughter's innocence.
"Then how many years will my Qingqing be sentenced?" Chen Daxing raised his head and asked.
"According to Article 230 of the Criminal Law, whoever intentionally injures another person's body and causes death shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death." Fang Yidao.
"Ah! Will my Qingqing be sentenced to death?" Chen Daxing's eyes flashed with panic.
(End of this chapter)
Ever since they found out that Xu Wannian was married, the two had quarreled many times. Chen Qingqing thought that since Xu Wannian had already been slept by the other party, and Xu Wannian had a good job, a house and money, why not take over the magpie's nest and become a regular at the top.
After making up her mind, Chen Qingqing kept urging Xu Wannian to divorce her ex-wife, but Xu Wannian just wanted to have fun and didn't want to marry her, let alone abandon his wife and children.
Xu Wannian couldn't do it because of Cui, so he ran to the hotel to stay for two days. During this period, the two had another fierce quarrel on WeChat. Finally, Xu Wannian said that he wanted to break up with her, and came back to get his clothes and move out.
Chen Qingqing was irritated, and immediately became excited, got into a dead end, and clamored that it was okay to move out, but it had to be done.Xu Wannian asked her how she made the break. She said that the two faced each other, and one stabbed the other once, and let you go after the stabbing.
Xu Wannian thought she was talking angry and ignored her, so he returned to the house where they lived together the next morning, preparing to pack up his clothes and move out.
When Xu Wannian entered, Chen Qingqing had just gotten up and was sitting by the window wiping tears. After that, the two had another fierce quarrel and pushed and shoved.
Xu Wannian panicked and slapped Chen Qingqing across the face. The latter fell down on the sofa, and then he also sat on the bed, smoking a cigarette sadly.
Chen Qingqing, who felt that she had been greatly wronged, saw a fruit knife on the coffee table, grabbed it, rushed to Xu Wannian emotionally, and shouted hysterically at Xu Wannian who was sitting on the bed and smoking: Come on!Stab one knife at a time, come on!
Xu Wannian blushed, and suddenly stood up and approached Chen Qingqing. Chen Qingqing's hand holding the knife was raised on his chest, with the tip of the knife facing forward.
Because the distance between the two was too close, Xu Wannian's movements were too sudden. When Chen Qingqing was excited, he held the fruit knife firmly in his hand, and heard a "pop" as the fruit knife pierced into Xu Wannian's left chest. , both of them were stunned.
When Chen Qingqing saw it, she was dumbfounded immediately, and retreated tremblingly. When the fruit knife left Xu Wannian's chest, blood was scattered all over his chest.Xu Wannian suddenly felt his whole body go limp, and fell to the ground, and soon the ground was stained red with blood.
Chen Qingqing was so frightened that she shivered into a ball. She looked around and saw the mobile phone on the coffee table. She immediately rushed to pick up the mobile phone and dialed the emergency number.
Soon Xu Wannian was sent to the hospital for emergency treatment, and then Chen Qingqing called Yaoyaoling to call the police.After the police came to the hospital, they took her back to the Public Security Bureau for investigation.
Just over an hour after Chen Qingqing was taken away by the police, Xu Wannian died after rescue efforts failed. It was identified that Xu Wannian was stabbed in the left chest with a single-edged stabbing instrument, resulting in the rupture of the left upper lobe of the lung and the left pulmonary artery, causing massive hemorrhage.
The case was quickly sent to the procuratorate. Seeing that the case was simple, the procuratorate quickly filed a public prosecution in the court, accusing Chen Qingqing of intentional injury (causing death).
"I really didn't mean it at the time, really!" Chen Qingqing cried while talking.
"According to what you said, it was Xu Wannian who bumped into the fruit knife in your hand, didn't you stab him on your own initiative?" Fang Yi asked.
"Yes, I was standing still and he bumped into me." Chen Qingqing said with tears in her eyes.
"What did you think at that time?" Fang Yi continued to ask.
"I was so desperate at the time, I just wanted to stab someone and die!" Chen Qingqing said.
"Is there anything you want to ask?" Fang Yi asked after a while.
"How are my parents?" Chen Qingqing looked at Fang Yi and asked.
"They're fine. Is there anything you want me to convey?" Fang Yi said.
Chen Qingqing shook her head, then bent down, shrugged her shoulders, and began to cry.
Walking out of the detention center, Fang Yi stood by the car, took out a red plum and lit it, took a deep breath, then let it out slowly, leaned on the car and looked at the distant sky: another woman trapped by love.
This case reminded him of a divorce case that Ma Yi had handled before.Ethics and morals can tell women what kind of behavior can be erected on the archway, and what kind of behavior can only be regarded as a bitch.But feelings are really hard to tell right from wrong. In order to set up a memorial archway, if you suppress your heart and suffer yourself, will you be able to be happy?So how to explain dare to love and dare to hate?
Maybe women will praise the woman who erected the archway, but when it is their turn, most women may wish that they are the one who dares to love and hate, and live a life of chicness.The world may be so contradictory.How can it be reasonable to say that people have two skins!
One morning later, Fang Yi met Chen Qingqing's father, Chen Daxing, in the conference room of the law firm.
"Lawyer Fang, the lawyer who received me before said that my Qingqing's case may not constitute a crime.
The lawyer said that although my family Qingqing had a fruit knife in her hand, she did not stab the man. The dead man knew that my family Qingqing had a knife in his hand, but suddenly got up and hit the tip of the knife. This is self-harm, or even suicide. "Chen Daxing's eyes were full of anticipation, and he hoped to hear what he was looking forward to from Fang Yi.
Fang Yi looked at the grey-haired old man in his 50s who was about to retire, and couldn't bear it, but the reality is sometimes so cruel.
"At that time, the lawyer who accepted the case only made a preliminary judgment based on your introduction to the case, but there was a lack of information. I read the case file and went to the detention center to ask your daughter Chen Qingqing, so I have a more comprehensive understanding of the entire case.
In this case, your daughter Chen Qingqing clearly expressed her intention to "stab one person with a knife", but the victim Xu Wannian did not agree, at least no indication of consent can be seen from the WeChat records of their communication.
In judicial practice, effective consent requires the existence of tangible representations.
Of course, you can regard the victim Xu Wannian's sudden getting up and approaching the fruit knife in Chen Qingqing's hand as his tacit consent to abandon his own legal interests, that is, suicide and self-mutilation.
However, from the perspective of evidence, the above assertion is difficult to clarify, and no corresponding evidence can be found.Therefore, the victim's suicide and self-mutilation cannot be used as the reason for your daughter Chen Qingqing's innocence.
Therefore, I can only provide a plea of misdemeanor to your daughter, but not a plea of innocence. "Fang Yi said.
Chen Daxing was silent. Although he didn't quite understand the theoretical things Fang Yi said just now, he understood the last sentence. Because of the evidence, the lawyer couldn't defend his daughter's innocence.
"Then how many years will my Qingqing be sentenced?" Chen Daxing raised his head and asked.
"According to Article 230 of the Criminal Law, whoever intentionally injures another person's body and causes death shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death." Fang Yidao.
"Ah! Will my Qingqing be sentenced to death?" Chen Daxing's eyes flashed with panic.
(End of this chapter)
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