Lawyer

Chapter 433 Chapter 458 459 460 (Three in One) Picking quarrels and provoking trouble and self-defense
When Fang Yi and Zou Darliang walked out of the courthouse, a cold northwest wind blew in the sky, and the cold wind blew across his face like ice skates. Fang Yi involuntarily lifted his briefcase to cover his face to resist the cold wind.Zou Darliang on the side shrunk his neck, had difficulty breathing due to the cold wind, and immediately turned his back.

The verdict of the second trial was both reasonable and surprising to Fang Yi.

The court of second instance held that the victim's statement and related transcripts proved that when Zou Guang pretended to be a staff member helping the police handle the case, made up excuses to deceive the victim's mobile phone and left the scene of the crime, the victim knew about it and did not escape while the victim was not prepared. The characterization of Zou Guang's behavior was wrong and should be corrected.

Although the second-instance court corrected the first-instance court's characterization of Zou Guang's criminal behavior, it did not believe that the first-instance court's sentencing was abnormally severe, and the first-instance judgment was still within the statutory range.In the end, the appellant, Zou Guang, was convicted of fraud, sentenced to one year and six months in prison, and fined RMB 3000.

For Zou Daliang, the prison term was still one year and six months after tossing around for a long time, but he just changed the charges. Fortunately, he appealed on the advice of lawyer Fang. In the end, the court of second instance did not accept the procuratorate's suggestion to increase the sentence.

For Fang Yi, the judgment of the second-instance court is equivalent to affirming his judgment on the case. Although the sentencing is not satisfactory, there is no way to do it.It would have been nice if the court hadn't increased the sentence.

The cold wind was much weaker, blowing the leaves on the side of the road, and the leaves fell like flying flowers.The temperature was a little low, and passers-by couldn't help but quicken their pace because of the cold.

Zou Daliang walked on the road with a lonely face, his mind was full of remorse, and he had forgotten the cold.He regretted that he didn't spend more time with his children when he was young. After his wife passed away, he failed to educate his son well, which caused his son Zou Guang to go astray. He fell into deep self-blame. Compared with when Zou Guang was sentenced for the first time, Also blame yourself.

Fang Yi looked at his slightly curved back. As a father, Fang Yi could feel that he had endured a lot of suffering that he should have endured, but missed the responsibilities he should have shouldered. Pity the hearts of parents all over the world!

After Fang Yi started the car, he decided to visit Fang Anzhi on weekends and spend time with him. Now he suddenly felt that it didn't matter if his son passed the university entrance exam or not. Physical and mental health was the most important thing.

Fang Yi had just returned to the office, before he had time to take a sip of tea, Wan Kefa called him into the office.

"Do you always let me watch your tea ceremony and tea tasting again?" Fang Yi asked with a smile.

"Stop talking nonsense. Have serious business." Wan Kefa said.

Seeing the seriousness on the fat old man's face, Fang Yi put away his smile.

"I have an old client in Tang City. He introduced a criminal case. The suspect is his relative. I met with the suspect's brother last night. The prosecutor accused the suspect of intentional injury. Now the case has just arrived. court.

Originally, he wanted me to defend his brother, but the lawyer fee I wanted was too high, so he hesitated and said to go back and discuss it.He called me this morning and said he wanted you to defend his brother.

Because you are not a partner, I don't want to ask too much, so I quoted 30.In addition, he paid another 1 yuan in travel expenses, which was a lump sum.Food, drink, housing and transportation are all borne by ourselves. After Wan Kefa finished speaking, he looked at Fang Yi.

30 yuan!It's not good that the asking price is too high!Fang Yi gulped and spit, this old guy really dares to ask for a price!

"In this case, in addition to the 30.00% deducted from the lawyer's fee, how much should I give you?" Fang Yi asked.

When someone introduces a case for himself, he has to express that there is a market price in the lawyer circle, but Fang Yi thinks it may be a bit low, so he asks Wanke to mention it.If you have something to say, it's better to say it in the open, so as to save mutual suspicion.

"Forget it, the 30.00% deducted by the firm includes the team's fee, so I will be exempted from that. After finishing the case, I want to invite me to dinner." Wan Kefa smiled.

"Thank you, boss! Then what...have you signed the entrustment procedures?" Fang Yi asked.He knew it was the fat old man taking care of him, and he was very grateful.

Although the fat old man said so, he felt that it was fun no matter what, and the other party was not short of money, so he remembered his purple clay tea set.

Wan Kefa really wanted to help him, and wanted to make his name known as soon as possible, to find a breakthrough for the team, and to take the business to a higher level.Whether it is opening a law firm or building a team, it is like sailing against the current, if you do not advance, you will retreat.

For so many years, Wanke Law's team has been focusing on litigation and legal counseling. He originally wanted to push Lawyer Song out and support him. Although Lawyer Song's professional ability is not bad, he was a bit unlucky. He didn't do it these years. Have any particularly well-known cases.

It can be said that Lawyer Song belongs to the kind of lawyer who has never shown his face or eyes, and has always been steady.But too stable is not good, it is not convenient for the team to promote, and you can't find bright spots.

As for Lao Huang and Ma Yi, Lao Huang is good at the company's business, but lacks courage and is too old. He can be the mainstay, but it is almost meaningless to be the main star.

Ma Yi is obsessed with the activities of saving married women all day long, which belongs to the subsidiary business of the team, and the team is not mainly engaged in marriage and family business, so it cannot be the main focus.

Other lawyers have a few leaders who can provoke the company's business, and the publicity effect is not bad.But there is really no better candidate for the criminal business.

After a period of observation, Wankefa felt that Fang Yi was the best candidate. He needed to have a degree and a case. He had already gained a certain reputation in the local area. The promotion was easy and quick. The task is to let him do more criminal cases in this province and spread his reputation.

While supporting Fang Yi, while keeping Fang Yi, once Fang Yi's reputation rises, there will definitely be peers who will come to poach him, or he will switch jobs and do it himself. If he doesn't work now, he will be crammed temporarily, which won't work!

This is why Wankefa talked with Fang Yi about applying for a partner some time ago. He wanted to use the partner's treatment to retain Fang Yi, to retain talents for the team and Wanhua United Law Firm.

"No, I will sign after you meet with the other party. The conditions have been negotiated." Wan Kefa smiled.

While talking, the phone on the desk rang, Wan Kefa answered and hummed, said he would be there soon, and hung up the phone.

"Say Cao Cao, Cao Cao will be there, let's go upstairs." Wan Kefa smiled.

In the conference room upstairs, sat a burly man with a five-month-old belly.When Fang Yi followed Wan Kefa into the conference room, he was on the phone with a loud voice, and he could faintly hear what he said outside the door.

"Director Wan, hello." Seeing Wan Kefa and the two entering the door, the man hastily hung up the phone and got up to greet him.

"Mr. Wu, this is our lawyer Fang Yi. Lawyer Fang, this is Mr. Wu, the client I mentioned to you just now." Wan Kefa introduced.

Mr. Wu looked at Fang Yi and said, "Lawyer Fang, I've known you for a long time. I'm the general manager of Wu Group, Wu Long. I've read your introduction, and I have done many famous criminal cases."

While talking, he looked at Fang Yi, probably comparing it with the photos on the Internet to see if it was the Fang Yi he had chosen.

The Wu Group that Mr. Wu said actually only has one health care center and two small companies. The name of the "group" is mainly because it feels good to walk outside.

"Mr. Wu, hello. Let's sit down and chat." Fang Yi smiled.Mr. Wu's accent is a bit heavy, which reminds him of Teacher Zhao Lirong.

After the two parties sat down, Wan Kefa said: "Mr. Wu, your brother's case. I mentioned it to lawyer Fang Yi, and you can talk about it."

"Actually, I also heard from the department manager of the company. On the day of the accident, I had a wine bureau and went to maintain the relationship. I was not at the scene. But as far as I know, it was the other party who came to our health center to make trouble, and my brother beat him to death." Mr. Wu said with wide eyes.

"Why did the other party come to your health care center to make trouble? What is the cause of the incident, do you know?" Fang Yi asked.

"Hey, colleagues are enemies. There is a foot spa not far from our health care center. Think about it, we are all doing business on the same street, so there is inevitably competition.

The person who was killed was a friend of the owner of the pedicure parlor, Sun. I asked someone to find out. It is said that a few days before the incident, someone reported that the pedicure parlor was involved in pornography and was investigated.

Boss Sun of the pedicure shop thought that I sent someone to the relevant department to report them, so he held a grudge.To do it clearly, he was afraid that he couldn't beat me, so he brought a group of people to smash the scene when I was not at home.

On the day of the incident, my younger brother happened to come to the health care center. I don't know what happened. My younger brother beat the opponent to the ground during the scuffle.Later, I was taken to the hospital for an examination, and it was said that the person was dead. "Mr. Wu said.

"Understood, that is to say, you don't know exactly what happened, what happened at the scene?" Fang Yi said.

"Yes, I went to the owner of the pedicure shop, Mr. Sun. His grandson can run faster than a rabbit. I have been looking for him for more than a month, but I can't find anyone. Not only I am looking for him, but the public security department is also looking for him. Him." Mr. Wu said.

"Mr. Wu, I'll ask my assistant to prepare the entrustment procedures. You can talk to Attorney Wan first. After completing the procedures today, I will immediately contact the detention center and the court to make an appointment to meet and review the case files." Fang Yi said.

"Okay, I'll call the accountant right away and have someone call over the lawyer's fees." Mr. Wu was quick to do things, and he did what he said. Fang Yi went downstairs to prepare for the entrustment procedures. He called the accountant and asked the accountant to prepare. lawyer fee.

More than ten minutes later, Zhou Ying followed Fang Yi to the conference room with the formalities, and assisted Mr. Wu in handling the entrustment procedures.

"Lawyer Fang, when are you going to visit my brother? Give me a call. I'll go with you." Mr. Wu said after signing.

"I'm going to contact the detention center now to make an appointment." After checking the time, Fang Yi took out his mobile phone and dialed the contact information of the detention center given by Mr. Wu, and made an appointment for tomorrow morning's meeting before leaving get off work.

"Lawyer Fang, you are quick and efficient. Are you going to Tang City tonight or tomorrow morning?" Mr. Wu said.

"I can't make it tomorrow morning, so I have to go tonight. I called the court just now and no one answered. I will call the court again tomorrow morning and make an appointment for review." Fang Yi said.

"The court calls are the most difficult to make. The lawyer I had called several times before anyone answered." Mr. Wu felt the same way.

"Mr. Wu, I wanted to invite you to dinner tonight, but now I can only wait for the next time." Wan Kefa said with a smile.

"Director Wan, you are welcome. If you come to Tang City when you are free, call me and I will treat you." Mr. Wu said boldly.

After completing the entrustment procedures, Mr. Wu asked someone to book train tickets for Fang Yi and himself. It was agreed before that the travel expenses would be covered, and they also gave the money. Now Mr. Wu asked someone to book train tickets, which made Fang Yi quite uncomfortable. Excuse me.President Wu didn't care.

After making an appointment with Mr. Wu at the train station, Fang Yi went home to prepare business trip supplies.

After nightfall, the tall street lamps emitted a dazzling white light, and there were fewer and fewer people commuting to and from get off work on the road. Fang Yi took a taxi to the train station.

After Fang Yi followed Mr. Wu into the carriage, his eyes lit up. There were red seats and a spacious compartment. Mr. Wu had booked two business seats.

After the two sat down, Mr. Wu handed Fang Yi a bag of nuts: "Lawyer Fang, my younger brother depends entirely on you. You don't know, there are two brothers in my family. I'm stupid and don't like reading. The society has been struggling, and it has come to an end today.

My younger brother is different. He has studied well since he was a child, and now he is in high school. It is the critical time. I don’t expect to follow him to heaven.

I have no hope, our family depends on my brother.This case is related to his future, he must not have an accident, otherwise my parents will fall down.

So... Lawyer Fang depends entirely on you! "President Wu said earnestly in a low voice.

"Mr. Wu, I can't give you any guarantees right now, but I will do my best. Don't worry. I'll discuss your defense plan with you after I finish the meeting and read the case file." Fang Yi said cautiously.

The more President Wu expected of him, the more Fang Yi dared not speak casually. It was about the fate of a high school student, so he had to be more cautious.Alexander!

Mr. Wu booked a four-star hotel for him. After Fang Yi completed the check-in procedures, the two parties agreed to rush to the detention center the next morning.

At six o'clock the next morning, Fang Yi got up and finished washing, and went downstairs to have a buffet breakfast. Soon after the meal, Mr. Wu called him, and the car had already arrived downstairs.

Mr. Wu's car is an imported Audi with an estimated value of more than one million. After Fang Yi got into the car, the driver sent him and Mr. Wu to the detention center.

In the detention center, Wu Wen, who was wearing a vest, was thin and gentle, with fear and confusion in his eyes.Fang Yi handed him the entrustment procedure, he took a look at it, signed his name, and returned it.

"What happened on the day of the incident?" Fang Yi asked calmly.

Wu Wen is not deeply involved in the world, but he is more mature and stable than his peers.Fang Yi speculates that this may have something to do with his brother's "precepts and deeds", mainly "teaching by example".

"I went to my brother's health care center that morning..." Wu Wen lowered his head and told the story of the incident.

It happened to be a Saturday on the day of the incident, so he went to the health care center to find Master Zhao, who knows Chinese massage and massage, to treat his stiff neck.While Master Zhao was massaging his neck, suddenly there was a bang at the door, as if something had been smashed.

No matter what, Wu Wen is also the boss' younger brother. When there was a strange noise in the store, he ran over immediately, only to see that the lucky cat at the front desk had been crushed to pieces at the feet of Boss Sun in the pedicure parlor.

Just as Wu Wengang wanted to question Boss Sun, another five or six men ran in from the gate with baseball bats, watermelon knives and other weapons in their hands.

A strong man held a watermelon knife and went straight to Wu Wen. Wu Wen was frightened at first, but when he realized he was stabbed in the arm and leg.

Wu Wen tried his best to dodge. The strong man behind might think that he was young and easy to bully, so he chased after him. Later, in the scuffle, a man with a baseball bat in front was thrown down by the clerk who rushed out from inside, and the baseball bat landed on the ground. at Wu Wen's feet.

Rabbits bite people when they are in a hurry, let alone humans!
Wu Wen was chased in a hurry, blood welled up, and his pupils were filled with blood. He picked up the baseball bat under his feet, and swung it fiercely at the chasing man, who subconsciously blocked it with the watermelon knife in his hand.Unexpectedly, Wu Wen hit the watermelon knife with too much strength, and the man wanted to rush to grab the baseball bat, but was hit on the head by Wu Wen, and the man fell to the ground on the spot.

When the health care center was in chaos, the police arrived and arrested the troublemaker. The owner of the pedicure shop, Sun, saw that the situation was not good, and Sa Yazi escaped from the back door of the health care center.

Immediately after the ambulance arrived, Wu Wen and other injured people and the man lying on the ground were sent to the hospital.After rescue, the injured person who was knocked to the ground by Wu Wen died that night due to severe craniocerebral injury.Wu Wen's injuries were minor injuries, and besides Wu Wen, three other people in the health care center were minor injuries.

The public security organ transferred Wu Wen to the procuratorate for review and prosecution on suspicion of intentional injury, and then the procuratorial organ transferred the case to the Municipal Intermediate People's Court for intentional injury.After investigation, Wu Wen just turned eighteen one month before the publication of the case, and he was a senior high school student.

Fang Yi pondered for a moment and asked, "Is there any surveillance video in the health care center?"

"Yes, when the police came, they took away the surveillance video," Wu Wen said.

"Who did it first, do you remember?" Fang Yi asked.

"At that time, several people rushed in from outside the gate, all holding things in their hands. Only me and two male shop assistants were at the door. They were the first to move. As soon as they entered the door, they started smashing things. The shop assistant and I stopped them. They started beating us, and then the people in the store came out, and the two sides started fighting." Wu Wen thought for a while.

"Well, do you have anything you want me to tell your brother?" Fang Yi asked.

Wu Wen shook his head.

"Should I send you some clothes, or save some money?" Fang Yi asked softly.He suddenly found that Wu Wen was quite pitiful, and he was locked up before entering the society.

"No need, the money my brother saved for me has not been spent yet." Wu Wen looked at Fang Yi and asked, "Lawyer Fang, will I be sentenced?"

"From what you said, I think you may be in self-defense. Of course, whether it is self-defense can only be determined after I go to the court to read the papers. I will come to see you again after the defense plan comes out.

Don't think too much, your body comes first. "Fang Yi said.

After coming out of the detention center, Fang Yi called the court. After beeping for a while, someone answered the phone. Fang Yi made an appointment with the other party to review the papers, and the other party asked him to come to the court to review the papers at [-] o'clock in the afternoon.

In a restaurant at noon, Mr. Wu invited Fang Yi to dinner.

"Lawyer Fang, what about my brother? Is there any hope?" Mr. Wu asked.

"Judging from the current situation, I personally think that your brother Wu Wen may have constituted a legitimate defense. After reading the papers in the afternoon, I will go back and analyze it. I will call you in two days and we will discuss the defense plan." Fang Yi said.

The person involved can only believe half of what they say, because after being locked up, the pressure will increase sharply, the mind may become confused, or even collapse, and what they say may be very different from the reality.

"Lawyer Fang, the previous lawyer said that my brother's case does not constitute self-defense. He said that the other party was picking quarrels and provoking trouble, and the main purpose was to smash things, not to hurt people. Otherwise, the other party came prepared. Several of the employees have already lay down, and there will be no minor injuries.

In addition, the lawyer also said that my brother beat the other party's knife behind, and the other party's bare hands no longer pose a threat. My brother's act of hitting the other party's head with a baseball bat again constituted excessive self-defense, that is, the crime of intentional injury. "Mr. Wu stopped his chopsticks and asked.

"This issue cannot be generalized, and it depends on the situation.

Article No. 20 of the "Criminal Law" stipulates that taking defensive actions against ongoing assaults, murders, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety, causing casualties to unlawful offenders, is not considered excessive defense and shall not be held liable. criminal responsibility.

The other party brings people to your health center to smash them up, and hurts people in the process, which does not belong to any of the categories of homicide, robbery, rape, or kidnapping, but it may constitute 'murder' and 'other violent crimes that seriously endanger personal safety '.Moreover, there may be some overlap between the identification of 'murder' and 'other violent crimes that seriously endanger personal safety', which requires specific analysis of specific cases.

In judicial practice, the higher the level of violence in the act of picking quarrels and provoking troubles, and seriously endangering the personal safety of others, it may be determined to be a murder in the third paragraph of Article No. 20 of the "Criminal Law".However, what crime constituted by the infringement has no effect on the determination of the defender's legitimate defense.

In the afternoon, I will go to the court to review the files, and I will give you the final answer after I analyze the case. "Fang Yi said.

In the afternoon, the review went smoothly. After getting the copy of the case file, he did not dare to show it to Mr. Wu. Li Mingbo was a lesson learned from the past. Although he was eventually acquitted, it was uncomfortable to be locked up inside. This kind of risk should be avoided.

Early the next morning, Fang Yi came to the law firm with the case file and began to analyze the case, looking for relevant cases of the Tang City Intermediate People's Court. He was extremely busy.

The sleeves of the jacket were rolled up, and the top two buttons of the shirt were unbuttoned. Fang Yi sat slumped on the chair, looked at the scattered case files and found case materials on the desk, and thought to himself: It seems that the weekend The son's plan to return to his hometown has to be changed.

When it was time to eat lunch, Wan Kefa came back, followed by Assistant Feng.After a while, Assistant Feng came to Fang Yi and told him that the boss invited him in for tea.Fang Yi agreed, put down the file in his hand, got up and walked to the director's office.

(End of this chapter)