Lawyer

Chapter 397
"Now it seems that it should not be, because if it is a death penalty case, it should be tried by the intermediate court, not the district court. The biggest possibility is fixed-term imprisonment.

If you can get a letter of understanding from the victim's family, the court will most likely reduce Chen Qingqing's punishment.After all, the victim was also at fault. "Fang Yi said.

"Okay, I understand. I'm going to find Xu Wannian's wife now." Chen Daxing nodded.

When Fang Yi got off work in the evening, Fang Yi was packing up the case files on the table, when a lawyer surnamed Zhou from the team discussion team came over.

"Hello, Lawyer Fang. I am Zhou Zhiqiang, the lawyer who negotiated the case. I was the one who negotiated the case of Chen Qingqing. I would like to ask you for advice." Lawyer Zhou wears a pair of black-rimmed eyes, is about fifty years old, and has a very sincere attitude , it doesn't look like you're looking for trouble.

"Hello, you are welcome. I happen to have nothing to do. Tell me." Fang Yi saw that the colleagues around him had almost left, and a few lawyers were busy typing in the distance. Talking about the case at the workstation should not hinder others When he was working, he pulled up a chair and motioned for Attorney Zhou to sit down and chat.

Lawyer Zhou sat down and said: "Chen Qingqing's father came to me today and told me that you can only provide his daughter with a minor defense, not a not guilty defense, which is different from what I said at the beginning. So I came to understand Let’s discuss the case with you by the way.”

Seeing that the other party's posture was so low, Fang Yi couldn't bear it. After all, they were all in the same team, so he said: "After I took over this case, I went to the detention center to meet with Chen Qingqing, and then went to read the papers. This case is really not good. To defend her innocence."

"Lawyer Fang, you see, the defendant Chen Qingqing did not carry out the assassination act, and the victim leaned on the tip of the knife and was stabbed. Isn't that considered self-harm, self-injury, or even suicide? Can the victim's promise be used to exonerate Chen Qingqing? I I just want to discuss the case with you, absolutely nothing else." Lawyer Zhou said sincerely.

Generally speaking, lawyers hate other people to judge their own cases. Of course, inviting others to discuss the case is another matter. Lawyer Zhou is afraid that Fang Yi will mistakenly think that he is going to intervene in the case. In fact, he just wants to understand Where is your own judgment wrong.

"There is a Roman proverb: 'An act of obtaining a promise is not illegal.' To put it bluntly, the act of the actor obtaining the victim's promise and harming the waived legal interests is not infringing on the legal interests, so the victim's consent can be prevented. The wrongdoing of the perpetrator.

In jurisprudence, the victim voluntarily renounces his own legal interests and requests or allows others to infringe on his legal interests. The law should respect the victim's self-determination, and there is no need to protect the waived legal interests. "Fang Yi said.

"Well, I understand this. I judge the case based on this theory." Lawyer Zhou nodded.

Although he didn't come from a major, he has kept pace with the times since he became a lawyer. He has bought and read a lot of books, so he also knows the theories Fang Yi said, but they are not systematic and they are all self-taught.Because the lawyer is old and has rich practical experience, he can solve most of the problems based on his experience.

In fact, a lawyer who has worked in legal work all his life is already good enough to be proficient in one or two subjects of law. He can support his family and even make a lot of money.It is impossible to be proficient in all fields, and lawyers do not have that experience.

However, the status quo of most lawyers is that they know everything when asked, but they are not good at any one, which is commonly known as a jack-of-all-trades lawyer (in fact, this cannot be blamed on lawyers, because many lawyers do not have the opportunity to specialize because of the source of the case. The problem of food and clothing must be solved first), coupled with bad luck, you may only be able to swing between subsistence and well-off for the rest of your life.

"However, as far as the promisor's disciplinary authority is concerned, whether it is in practice or in theory, it is generally believed that the victim has a certain right to dispose of the legal interests of health, but has no authority to dispose of the legal interests of life, that is, the victim's commitment to his own legal interests. invalid.

That is to say, even if Chen Qingqing obtained the victim Xu Wannian's promise to infringe on his life and legal interests, it could not prevent his illegal behavior.

This is also the legal basis for the crime of intentional homicide if one of the parties is entrusted to kill the other party first and then fails to commit suicide. "Fang Yi explained.

Before facing Chen Daxing, Fang Yi didn't dare to speak too theoretically, because the client could not understand, but now facing Lawyer Zhou, he doesn't have to worry about it at all.

"I think this case is in line with the victim's self-inflicted risk." Fang Yi continued.

"The victim is putting himself at risk? What should I say?" Attorney Zhou looked at Fang Yi.

Although Fang Yi is younger than him, Fang Yi's knowledge and reputation in the local area are definitely ahead of Lawyer Zhou, but Fang Yi has not realized this yet.

"Theoretically speaking, the victim's self-inflicted risk generally manifests itself in three situations:

[-]. The victim poses danger.To put it bluntly, the danger comes from the victim himself, and is caused by the victim himself. Although the victim knows that his behavior will endanger himself, he still implements the behavior, thereby causing harm to himself.Such as suicide.

[-]. The victim leads the dangerous behavior.The victim leads the occurrence of danger, but there is a causal relationship in criminal law between the perpetrator's behavior and the victim's violation results, such as the similar suicide mentioned just now.

[-]. Others lead dangerous behaviors.The danger comes from the perpetrator (others), and the victim recognizes or agrees with the dangerous behavior, but rejects the occurrence of the harmful result.Just like this case.

Therefore, I think that the victim knew that the defendant Chen Qingqing was holding a knife and posing a threat to him. In this dangerous state, the victim still approached Chen Qingqing. Obviously, the victim knew the danger but was still willing to put himself at risk.

But even so, the victim's behavior cannot be regarded as an effective commitment to give up his life, that is, it cannot be regarded as his self-harm, self-injury, or death.

In this case, under the circumstance that the victim is at risk, I think the victim still has a credulous attitude towards the harmful outcome that can be avoided.At least in this case, there is no evidence to prove the fact that the victim had self-harmed, self-injured, or committed suicide.Therefore, I cannot plead not guilty for the defendant Chen Qingqing, I can only plead not guilty. "Fang Yi explained.

"Well, I understand. Thank you, Attorney Fang. I'll treat you to a drink when I'm free." Attorney Zhou smiled.

It is normal for different lawyers to have different opinions on the same legal issue. Taking this case as an example, even the judges of the court may have different opinions. This may be related to a person's experience and learning experience. related.

After Lawyer Zhou left, Fang Yi picked up his bag and prepared to go back to his residence. When he passed by the legal assistant's station, he saw that Zhou Ying was still busy, and said, "Xiao Zhou hasn't left yet!"

"No, five lawyers will come over early tomorrow morning to get the lawsuit. Xiao Tian and I will prepare for them. Lawyer Fang, are you working overtime again?" Zhou Ying said with a tired face.

(End of this chapter)