Lawyer

Chapter 434 Chapter 461 462 463 Great sadness and great joy!

"Come and sit down, have a cup of tea!" Wan Kefa poured a cup of tea and handed it to Fang Yi.

"You didn't call me here for tea tasting, did you?" Fang Yi said after taking the teacup.

"Assistant Feng and I went to see lawyer Qian Wenqian in the morning." Wan Kefa said while making tea.

"Lawyer Qian is sick?" Fang Yi asked with a pause while holding the teacup.

He and Qian Wen had handled a criminal case with legal aid before, so they were familiar with each other, but they didn't have much contact.

"Well, his husband called me last night and said that she was depressed and asked for a few days off. Qian Wen was an assistant to me before, and he was very serious in his work, but his emotions were too rich, and he was easily led by the client. To put it bluntly, My heart is too soft.

She still doesn't understand that 'a poor person must be hateful, and a hateful person must be miserable'. I have told her this more than once, and advised her to think about it, and to look at everything from both sides, but...

No, she has seen too many injustices and too many dark sides of society over the years, she couldn't resolve it, and became depressed. "Wan Kefa said regretfully.

"This matter is really troublesome. The heart lock can only be solved by oneself, and no one else can." Fang Yi sighed.

"His husband said that he found a psychologist for her and went there twice a week to treat her depression," Wan Kefa said.

"Will that thing work?" Fang Yi asked doubtfully.

"It works? Psychiatrists see that everyone is sick. In their eyes, there is no normal person. Do you think it will work? Over time, they see themselves as sick." Wan Kefa dismissively said.

All right!As long as you are happy.Seeing Wan Kefa's look of an old and angry youth, Fang Yi had no choice but to keep silent.

"What are lawyer Qian's plans?" Fang Yi asked.

"Qian Wen is depressed right now. Even if he has any plans, he will have to wait until he is cured. His husband wants her to revoke her lawyer's certificate and go to the public examination.

I think it would be good if she could go to the public school. She has not made much money as a lawyer for so many years, and she is depressed first. It seems that she is not suitable to be a lawyer. "Wan Kefa said.

"Well, you are right. I remember you said before that to be a lawyer you have to face the evil of human nature. If you face the evil, your mentality collapses, you can't bear it, you can't bear it, you can't bear to look directly at it, and you can't accept the reality. It is cruel, it is better to stay comfortably in the ivory tower.

Although there are black, white and gray in the ivory tower, it is always more tactful and softer than society.After all, many people claim to be highly intellectuals, and although they are both established and established, they still have to consider their face. "Fang Yi said.

"Haha, Xiao Fang, don't be so cynical, everything has its pros and cons, you have to think about it this way, the reason why the demand for law is increasing is because there are too many people who are both right and right.

In other words, they are the ones who give us the chance to make money.As long as we do our job well, there is no need to think too much about other things. Wan Kefa smiled and said, "You have to adjust your mentality." "

Uh... Just now I was thinking about you as an old cynical youth, but in the blink of an eye, you gave me back those words!Is it possible that you can count and know what I think?Fang Yi was stunned.

"Don't worry, I can carry it all." Fang Yi smiled awkwardly.

"How about the case of Mr. Wu's younger brother?" Wan Kefa asked Fang Yi, adding some tea.

"I read the case file. In fact, it is similar to what Mr. Wu's brother said. The procuratorate charged him with intentional injury. However, judging from the facts of the case, I think it should be self-defense. I am preparing for the trial these two days." Fang Yi said.

"It must be a lot of pressure!" Wan Kefa looked at Fang Yi with a smile.

"To be honest, criminal cases are all stressful. After all, it is related to the defendant's personal freedom and even his life. A person's life is only a few decades, and the society is developing so fast. If you are really locked up and come out, you will definitely lose touch with society.

Mr. Wu's younger brother is now in his third year of high school. If he is convicted of intentional injury (causing death), at least he will be sentenced to ten years in prison. He will be imprisoned and released again. The most critical points in his life have passed. It's a pity ! "Fang Yi said.

"Don't put too much pressure on yourself, just do your best." Wan Kefa comforted.

One morning a week later, the trial of Wu Wen's intentional injury case started.Because it was an open trial, the auditorium was full of people, most of whom were employees of Mr. Wu's Health Center, and Mr. Wu was among them.

Wu Wen in the defendant's seat was full of panic and uneasiness in his eyes, quietly listening to the public prosecutor read out the indictment.

"...the actions of Sun Zhong (the owner of the pedicure shop) and others in this case belonged to seeking to cause trouble. During the process of smashing the health care center, the defendant Wu Wen stepped forward to stop him. During the process, the defendant hit the victim on the head with a baseball bat. , resulting in the death of the victim.

We believe that the defendant Wu Wen violated the provisions of Article 230 of the "Criminal Law". The facts of the crime are clear and the evidence is reliable and sufficient. He should be investigated for criminal responsibility for the crime of intentional injury.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is initiated, please judge according to law.complete. " said the middle-aged female prosecutor sitting at the head of the public prosecutor's seat.

"Defendant Wu Wen, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objections to the criminal facts and charges charged in the indictment? Do you have any objections?" the presiding judge asked with a sullen face.

"I don't agree with the facts and charges of the accusation. I was acting in self-defense. It was Sun Zhong who brought people in and smashed up my brother's health care center. I fought back. They were the first to strike." Wu Wen was very emotional. If the bailiff hadn't stopped him, he would have stood up from his chair.

In fact, it's no wonder Wu Wen was excited, he was young and angry. Hearing that the inspector only said that he didn't mention the other party's injury to him, it was a bit biased, so it's strange if he wasn't excited.At this time, it is good for him to be able to maintain a clear mind and thinking. After all, he is only a high school student who has not stepped into the society.

"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.

"Okay, presiding judge. Defendant Wu Wen, what were you doing at the time of the incident? What did you see?" asked the female prosecutor.

"I fell into a stiff neck that day, so I went to the health care center to ask Master Zhao to help me rub my neck. Later, when I heard that something was smashed at the front desk, I ran over.

I saw Sun Zhong standing at the front desk, and then a group of people rushed in with baseball bats and knives, smashing things and hitting people..." Wu Wen recalled.

"What did you do?" asked the female prosecutor.

"A man ran towards me with a watermelon knife. I was terrified. I was cut on my arm and leg. I turned around and ran. He was chasing me. I was afraid that he would cut me, so I ran inside desperately. .

There was also a fight inside, and their man dropped a baseball bat, which happened to be not far from me. At that time, my mind went blank, so I picked up the baseball bat and swung it behind me.

The man who was chasing me blocked it with his hand, and the knife in his hand was blown away by me.Then he rushed towards me again. I closed my eyes in fright and swung the baseball bat vigorously. I felt it hit him at the time. I found out later that it hit him on the head, and then he fell to the ground. "Recalling the situation at the time of the incident, Wu Wen's eyes were full of panic, and his heart was beating with fear.

"Judge, I'm done asking." The female prosecutor said.

"Does the defendant Wu Wen's defender need to ask the defendant questions?" The presiding judge looked at Fang Yi.

"I need to ask a question. The defendant Wu Wen, who brought the person who rushed in from the door and smashed it, do you know?" Fang Yi asked.

"It was Sun Zhong, he came in first, deliberately found trouble and broke the lucky cat at the front desk, and everyone who came in later listened to him, he told him to smash it." Wu Wendao.

"What was your reaction? Was anyone injured?" Fang Yi asked.

"At that time, two employees and I were at the door. We were all terrified. As soon as the gang came in, they knocked down the two employees, and I was also injured." Wu Wendao.

"Presiding judge, the defender's questioning is over," Fang Yi said.

"Let's present and cross-examine evidence. Does the prosecution and the defense and the defendant have any new evidence to submit?" asked the presiding judge.

"There is no new evidence." The three parties agreed.

"Next, the public prosecutor will present the evidence," said the presiding judge.

"The first piece of evidence, the forensic medical appraisal report, proves that the victim's death was caused by a severe head injury." The female prosecutor took out an appraisal report and said.

"Does the defendant, Wu Wen, have any objections to the evidence presented by the public prosecutor? Any objections?" asked the presiding judge.

"No objection." Wu Wen said.Now he is in a state of confusion, his mind is blank, and he doesn't know what will happen next.

"What opinion does the defendant's defender have on the evidence presented by the public prosecutor?" asked the presiding judge.

"I have no opinion." It is a fact that the person is dead, and there should be no problem with the forensic identification results, so Fang Yi did not raise any objections.

"The second piece of evidence is a baseball bat. The defendant's fingerprints are on the baseball bat, and the blood stains on it have been identified as belonging to the victim, which proves that the baseball bat was the defendant's murder tool." The female prosecutor said.

Both defendant Wu Wen and defense lawyer Fang Yi accepted the evidence and raised no objection.

"The third piece of evidence is the surveillance video of the health care center. The surveillance video clearly records the scene of the victim and the defendant chasing each other, as well as the process of the defendant's murder. It proves that the victim was hit by the defendant Wu Wen with a baseball bat. The head died." After the female prosecutor finished speaking, the presiding judge asked the clerk to play the surveillance video of the health care center in court.

"Does the defendant, Wu Wen, have any objections to the evidence presented by the public prosecutor?" asked the presiding judge.

"No objection." Wu Wen shook his head.

"What opinion does the defendant's defender have on the evidence presented by the public prosecutor?" asked the presiding judge.

"There is an opinion. The first half of the surveillance video shows that six people rushed into the health care center with baseball bats and knives, injured two employees of the health care center as soon as they entered the door, and then began to chase the defendant.

This evidence can just prove that the defendant Wu Wen fought back and beat the victim to death when his life was threatened, and his behavior should be regarded as self-defense. "Fang Yi said.

"The public prosecutor continues to present evidence." The presiding judge continued after the clerk finished recording.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"The presiding judge and the judge: We believe that the behavior of the victim and others in this case is seeking to cause trouble. The victim did not come to the store for the purpose of killing people. He just smashed the items in the store and did not cause damage to the life safety of the staff in the store. , the injured employee was only slightly injured.

The defendant, Wu Wen, beat the victim to death during the counterattack. His behavior obviously exceeded the necessary limit of self-defense, which in turn caused the serious consequences of the victim's death.

Therefore, we believe that the defendant constituted the crime of intentional injury. Since the victim also had certain faults, the defendant confessed truthfully after being brought to justice, and it is a crime of passion. We recommend that he be sentenced to 15 years in prison. " said the female prosecutor.

As soon as the words fell, there was an uproar in the auditorium. Everyone felt that the prosecutor's proposed sentence was too severe, and the defendant Wu Wen should not constitute a crime.The presiding judge had to sound the gavel to maintain order in the courtroom.

"Defendant Wu Wen defended himself," said the presiding judge.

Wu Wen was stunned when he heard that the procuratorate suggested that the court should sentence him to 15 years. Tears welled up in his eyes.At this time, his mind was in a mess, and he kept repeating that he did not constitute a crime, and the presiding judge forcibly interrupted his defense.

"Next, the defender of the defendant Wu Wen will give his defense opinion." The presiding judge said.

"The presiding judge and the judges: the defender believes that the behavior of the victim and others belongs to the 'other violent crimes that seriously endanger personal safety' stipulated in the third paragraph of Article No. 20 of the Criminal Law, and Wu Wen's behavior belongs to self-defense. The death of the victim is not deemed as excessive self-defense, and should not bear criminal responsibility. The reasons are as follows:
[-]. Under the instigation of Sun Zhong, the victim and others rushed into the health care center and smashed it, which belongs to "other violent crimes that seriously endanger personal safety".

To determine whether an illegal infringement falls within the "other violent crimes that seriously endanger personal safety" stipulated in the third paragraph of Article No. Take the forms of murder, robbery, rape, kidnapping and other crimes listed in this article as a reference.

In this case, the act of the victim and others rushing into the health care center and smashing it was a unilateral armed mob fight. Article 290 of the "Criminal Law" stipulates that those who gather a crowd to fight and cause serious injury or death shall be convicted and punished in accordance with the provisions of Articles 230 and 230 of this Law, that is, they shall be convicted and punished according to the crimes of intentional injury and intentional homicide.

The reason why the "Criminal Law" stipulates this is because the behavior of mob fighting often causes serious injury or death to others, that is to say, to a certain extent, the degree of violence and danger of mob fighting is consistent with the crime of intentional injury and intentional homicide.

In this case, Sun Zhong ordered the victim and others to gather a crowd with baseball bats, knives and other tools with great lethality to fight, and injured three people as soon as he entered the door. His behavior should be determined as "other violent crimes that seriously endanger personal safety".

[-]. Wu Wen's behavior was defensive in nature.

Although there is a business competition between the health care center and Sun Zhong's pedicure center, the health care center has no intention of fighting.According to the surveillance video submitted by the public prosecutor, the cause of the fight in this case was provoked by Sun Zhong, and the place of the fight was also in the health care center, so the offensive and defensive relationship between the two parties is very clear.

Sun Zhong gathered the victim and others to rush into the health care center, and gathered a crowd to fight, which is an ongoing illegal infringement. Wu Wen's self-defense was carried out without any precautions, so Wu Wen's behavior should belong to self-defense.

[-]. Wu Wen's behavior is not considered excessive self-defense, and should not bear criminal responsibility.

The joint infringement of the victim and others in this case seriously endangered the personal safety of the staff in the health care center. According to the surveillance video, the victim was much stronger than Wu Wen and had a knife in his hand. He had been chasing the defendant Wu Wen. Enough to endanger the personal safety of the defendant and the employees in the health care center.

During the process of being chased, Wu Wen had no choice but to pick up a baseball bat on the ground to fight back in order to protect the personal safety of himself and the shop staff, resulting in the death of the victim. Belongs to excessive defense.

To sum up, the defender believes that according to the third paragraph of Article No. 20 of the "Criminal Law", Wu Wen's behavior does not constitute excessive self-defense, and he should not bear criminal responsibility.The court is requested to rule in accordance with the law: the defendant Wu Wen is not guilty.complete. "Fang Yi said.

"The public prosecutor can respond to the defender's statement." The presiding judge said.

"Presiding judge, judge: Regarding the defender's defense, our response is as follows:

According to the surveillance video, after Sun Zhong and the victim entered the health care center, they mainly smashed and smashed objects. There were no crimes such as murder, robbery, rape, or kidnapping. The employees in the health care center were only slightly injured. They were not fatal, and there were no serious injuries. Their behavior was more in line with the characteristics of seeking a gap and causing trouble.

We believe that an illegal infringement should reach a certain degree of severity, that is, cause serious injury or death to others, otherwise special defense cannot be established.Therefore, Wu Wen, the defendant in this case, should be punished according to the crime of intentional injury. ’ argued the female prosecutor.

"Defendant Wu Wen's defender can respond to the public prosecutor's opinion." The presiding judge said.

"The presiding judge, the judge:

The defender believes that when judging whether the behavior of the victim and others constitutes "other violent crimes that seriously endanger personal safety" stipulated in Article No. 20 of the "Criminal Law", in addition to the judgment criteria mentioned by the defender before, the following aspects should also be considered The problem:
First, the object of illegal acts is the personal safety, that is, the right to life, the right to health and other rights of people are endangered.Other rights such as property rights are not covered, which is an important difference between special defense and general defense,
In this case, not only the property rights of the health care center were violated, but also the personal safety of the staff was violated. In addition to the defendant, three employees were slightly injured.If the police had not arrived in time, more employees would have been injured.It can be seen that the behavior of the victim and others has endangered personal safety.

Second, the wrongdoing is violent and should reach the level of a crime.

The homicide, robbery, rape, and kidnapping listed in the third paragraph of Article No. 20 of the "Criminal Law" should be understood in a broad sense, that is, it should include criminal acts that use such violence as a means to commit other crimes.

In this case, the victim and others smashed the health care center with baseball bats and knives. In the process of chasing the defendant, the victim’s behavior has violated the defendant’s personal safety. The defendant's chasing and slashing behavior was very vicious. If it was only for the purpose of deterring the defendant, there was no need to be so fierce. The purpose was obviously to cause serious harm to the defendant, and his behavior was violent.If it is not stopped in time, the consequences will be disastrous.

Third, the unlawful infringement should reach a certain degree of severity.

Generally speaking, the formation of special defense needs may result in serious injury or death of others.However, whether the perpetrator's illegal infringement has caused actual harm does not necessarily affect the establishment of special defense.In judicial practice, special defense can also be implemented against the perpetrator who poses a serious threat to the personal safety of others.

In this case, the defendant was unarmed, while the victim held a watermelon knife. During the process of being chased, the personal safety of the defendant has been seriously threatened, and there is a possibility of serious injury or even death. The significance of special defense is to prevent serious personal safety problems Of course, defense cannot wait until the result of the injury occurs. As long as there is a possibility of serious injury, the defendant can implement special defense against the victim's attack.

At the time of the incident, the watermelon knife in the victim's hand was knocked down, but he did not run away. Instead, he rushed up to snatch the baseball bat. If the victim succeeds, it is likely to cause serious injury or death to the defendant.

It can be seen that the victim's behavior has posed a serious threat to the personal safety of the defendant Wu Wen, and Wu Wen's behavior can constitute a special defense.

To sum up, the defendant Wu Wen was justified in self-defense against a violent act that was posing great danger to his personal safety, so he should be innocent.complete. "Fang Yi replied.

……

After a 10-minute adjournment, the members of the collegiate panel left the courtroom. After Fang Yi drank two sips of mineral water, he began to pack the items on the table.Because there were too many people watching, the bailiffs turned around in the courtroom to prevent accidents.

Ten minutes later, the members of the collegial panel entered the courtroom again. At the request of the presiding judge, the defendant Wu Wen was brought into the courtroom by the judicial police.

"...According to the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

... To sum up, according to the third paragraph of Article No. 20 of the "Criminal Law of the People's Republic of China", the defendant Wu Wen's actions belonged to self-defense, and he did not bear criminal responsibility. The verdict: Wu Wen is not guilty. "After the presiding judge finished speaking, he looked at Wu Wen who was standing below.

After being stunned for a moment, Wu Wen suddenly shed tears. He lowered his head, shrugged his shoulders, and began to cry excitedly.Wiping his tears while crying, the great joy after the great grief made him a little overwhelmed and haggard.

After the verdict was pronounced, everyone in the auditorium looked relaxed, and rushed to congratulate Wu Wen one after another.President Wu walked over to Fang Yi.

"Lawyer Fang, thank you! Don't leave today. I want to celebrate my brother tonight. You must be there. I have booked all the private rooms." Mr. Wu said with a happy face.

"Okay, I'll listen to you." Fang Yi has no plans for these two days, and it doesn't matter if he stays an extra day.

After the verdict was pronounced, Fang Yi thought that the procuratorate would protest and he could earn another lawyer's fee, but who knew that the criminal verdict had come into effect, and he did not receive a notice of protest.Of course this is all for later.

After Mr. Wu invited Fang Yi to have lunch, he sent him back to the hotel, and sent someone to pick him up at around [-]:[-] pm. In a well-known local restaurant, everyone exchanged glasses and Fang Yi drank a lot.

Early the next morning, Mr. Wu personally took Wu Wen to send Fang Yi to the train station. Mr. Wu had already booked the train ticket. Before Fang Yi got on the train, Mr. Wu stuffed him with a big red envelope.

After the train started, Fang Yi sat in the business seat, took out a big red envelope, and took a look at it. There was a thick stack of ten thousand yuan.Mr. Wu is really generous!

(End of this chapter)