Lawyer

Chapter 437 Chapter 467 468 469 (three in one) patricide case
A few days later in the morning, Wan Kefa sat in front of the tea table, crossed his hands and looked at Huang Yuanchao who was opposite him: "Old Huang, what kind of bad idea did you come up with? Fang Yi came to me yesterday and said that he would not accept this kind of killing of relatives in the future." case."

"Don't worry, I didn't expect the results of these two cases to be so bad. As the saying goes, there are only three things. Let's do it again. I think it will work this time." Huang Yuanchao scratched his head and said.

At this moment, Wan Kefa's mobile phone beeped, and a WeChat message appeared on the screen.Wan Kefa smiled after seeing it: "A client appointed Fang Yi to handle the case. Guess what case it is?"

"Could it be another murder case?" Huang Yuanchao blinked and asked.

"The defendant killed his father!" Wan Kefa glanced at him: "This is the third one."

To be honest, if Fang Yi hadn't been asked by the client to take on this case by name, and the lawyer's fee was 5 yuan, he would never have accepted this kind of murder case.

People are sometimes so contradictory, most of the time what they want in their hearts and what they can get in reality are inconsistent, and under the pressure of life, they have to succumb to reality.

The case that Fang Yi took this time was negotiated by Xie Youhe. The mother of the client asked Fang Yi to handle her son's case as soon as she came.

Twenty minutes later, Fang Yi walked into the conference room.

In the conference room, a woman in her 60s was sitting on a chair and secretly wiping tears. Her skin was rough, her face and neck were dark red, and she could tell that she had been working in the fields all year round and was exposed to the sun.

The skin on her face and neck was loose and she looked haggard and pathetic.

"Hi, are you Ms. Shi? I'm Fang Yi." Fang Yi sat across from her and said.

"Hello, Lawyer Fang." Ms. Shi recalled the photos on the website that her niece had shown her before, and said to herself: Yes, this is Lawyer Fang.

"My colleague said that you want to entrust me with your son's criminal case, is that true?" Fang Yi asked calmly.

"Yes. My niece said that you are a well-known local criminal lawyer and have handled many criminal cases. She asked me to come to you. As long as you are willing to take my son's case, my son has the hope of saving his life." Ms. Shi's eyes were straight Looking at Fang Yi with a hook, he was a little excited.

Fang Yi was taken aback: I'm not a god, how can I have so much energy!
"Don't worry! Can you tell me about the situation at the time of the crime?" Fang Yi comforted.

Ms. Shi nodded, and shared the painful experience that she didn't want to recall but had to recall: "Our family lives in the village, although we are not very rich, but our family contracted the fruit trees in the village, and we can earn a year's income. Some money, no worries about food and drink..."

Ms. Shi's name is Shi Xiuzhen, her husband's surname is Xiao, his name is Xiao Laiwang, and his son's name is Xiao Ke. The family has made a lot of money contracting the fruit trees in the village in recent years.

Xiao Laiwang is very diligent and quick-witted. His only shortcoming is his bad temper. He usually swears at his family members, especially after drinking.

In the past few years, life has become more relaxed, and the family has some foundations. He can't do without wine for every meal. After drinking, he loses his temper and beats and scolds his family members.Both Shi Xiuzhen and her son were afraid of him.

Last year, Xiao Laiwang beat Shi Xiuzhen to the hospital because he disliked the tasteless dishes she made. She stayed in the hospital for more than half a month before she came out.His son Xiao Ke is also often beaten by him, and bruises are often seen on his body. Seeing him is like a mouse seeing a cat.

Two months ago, a customer came to the orchard to pick. At noon, the customer had dinner and Xiao Laiwang drank two more glasses. After returning home, he saw Shi Xiuzhen washing clothes in the yard. There were new quilt covers and pillowcases on the bed in the room. Put it on, it looks a bit messy.

Xiao Laiwang, who was dizzy from drinking, suddenly became angry, ran to the yard, kicked Shi Xiuzhen who was washing clothes to the ground, and then pointed at her nose and yelled.

Shi Xiuzhen didn't dare to provoke him, so she hid in her son's bedroom to take refuge. In the past, Xiao Laiwang scolded for a while without seeing anyone, and it passed, but today I don't know what happened. Xiao Laiwang scolded endlessly, and the more he scolded, the more vigorous , chased her son's bedroom and beat and scolded Shi Xiuzhen.

At this time, Xiao Ke just came back from the orchard, and hurried into the house to persuade his father Xiao Laiwang, this persuasion was good, Xiao Laiwang scolded even more vigorously, picked up the broom at hand and chased the two of them inside the house, While beating, he yelled to kill the two of them.

Later, he couldn't get enough of the beating, so he ran to the kitchen to get the kitchen knife. Seeing that Xiao Laiwang didn't wait for Xiao Laiwang to enter the door, Xiao Ke ran over and grabbed the kitchen knife.

Seeing that the kitchen knife was taken away, Xiao Laiwang beat and scolded his son. Because his legs and feet were not as flexible as his son's, he couldn't catch up, so he went back to his son's bedroom and continued beating Shi Xiuzhen.

Xiao Ke heard his mother's cry for help, and hurried into the bedroom, only to see that his father was hitting his mother's hair against the wall, and blood had already flowed out of her head.

Seeing his mother's miserable condition, Xiao Ke suddenly became angry from his heart, and the evil turned to his guts. He swung the kitchen knife in his hand and slashed at Xiao Laiwang, and the anger accumulated for many years burst out at once.

Xiao Laiwang fell into a pool of blood. His head, neck, and shoulders were cut in many places by a kitchen knife, and the blood left all over the ground, staining Xiao Laiwang's shirt red.

The kitchen knife fell to the ground, and Xiao Ke stood aside stupidly.

The mother regained her strength and hurriedly urged Xiao Ke to make an emergency call, and the latter two sent Xiao Laiwang to the hospital for treatment.The next day, under the persuasion of his mother, Xiao Ke surrendered to the public security organ.That night, Xiao Laiwang died of hemorrhagic shock.

Since then, the procuratorial organ filed a lawsuit with the Intermediate People's Court for the crime of intentional injury.

"Lawyer Fang, my son hacked his father to save me. I am willing to pay for my life with my life. I just want to save my son's life." Shi Xiuzhen touched the tears on her face and said .

"Don't get excited, I don't think your son will be sentenced to death." Fang Yi said.

"Really?" Shi Xiuzhen stared at Fang Yi in a daze.

"But I need your cooperation." Fang Yi thought for a while.

"Tell me, I will definitely cooperate." A woman is weak at heart, but a mother is strong. Now Shi Xiuzhen is determined, as long as she can save her son, roll nails, and ruin her family, she is also willing.

"Can you tell the village to ask the village committee to issue a certificate to prove that your husband Xiao Laiwang's usual evil deeds, your mother and child often suffer domestic violence. Then, you also need to issue a letter of understanding to forgive Xiao Ke What they did." Fang Yi thought for a while.

"How do you write the letter of understanding? The village issues a certificate... Attorney Fang, can you go with me to the village to talk to the village chief? I'm afraid I can't explain clearly, they don't know how to write it." Shi Xiuzhen said.

"Well, no problem, let's go after lunch." Fang Yi glanced at the time and it was already 11:30, and he had no plans for today, not even a visit to the village.

Shi Xiuzhen’s family lives in a small remote village, where there are many mountains and few flat floors. There are many fruit trees planted on the mountains. With the help of the booming e-commerce economy in recent years, the life of the villagers is getting better and better. The adobe houses in the village are gradually replaced by brick buildings.

In the afternoon, Fang Yi drove to the village committee under the guidance of Shi Xiuzhen.The director of the village committee is also surnamed Xiao, who looks in his 40s and looks very handsome. When he heard that Fang Yi came to learn about the situation of Xiao Laiwang's family, he received him warmly.

"Lawyer Fang, let me tell you the truth, Xiao Laiwang is famous for his violent temper in the village, and he was detained by the police for drinking and beating people when he was not married.

After so many years, I thought that he was already in his sixties and his temper should be calmed down, but I didn't expect it to be like that. No one in the village would dare to provoke him.

Xiuzhen's sister-in-law is an honest person. Since she married into the old Xiao's house, she has not had a day of rest. Xiao Laiwang scolded every now and then, even when she was pregnant with her family Xiao Ke, Xiao Laiwang was not idle.

Why!Xiuzhen's sister-in-law has suffered a lot these years, it's not easy!Xiao Ke has such a 'good' dad, and he doesn't know what evil he did in his previous life. Director Xiao said with righteous indignation.

"Director Xiao, Lawyer Fang is here this time because he wants our village to issue a certificate to my son Xiao Ke." Shi Xiuzhen said while looking at Fang Yi.

"Director Xiao, can the village issue a statement on Xiao Laiwang's daily life and whether there is domestic violence? The village can just write down the facts, mainly to let the judge understand Xiao Laiwang's virtues in the village." Fang Yi explained road.

"Domestic violence?" Director Xiao frowned.

"It's the couple fighting, and Xiao Laiwang beating the child and wife." Fang Yi said.

"Oh, I see. If you want to talk about Xiao Laiwang's domestic violence, it must have happened. Ever since Xiuzhen's sister-in-law entered their house and was beaten. Everyone in the village knows about it. This proves that it happened in our village. As long as we can If it is helpful to Xiao Ke's case, you can let us do anything." Director Xiao said with integrity.

Now that Xiao Laiwang is gone, people in the village have a bad impression of him. There is no need to offend the living because of a dead person. Besides, he is still a family. If you look down and don't see those who look up, why not do it.Director Xiao thought clearly.

Director Xiao got up and called the assistant director (a village official who just came to the village as a college student, who usually handles writing and calculation) and asked him to take Shi Xiuzhen to write the certificate.Shi Xiuzhen signed the letter of understanding when she was in the law firm before, and Fang Yi asked her to send the letter of understanding and the village certificate to the court before the trial.

After Shi Xiuzhen went out, Director Xiao chatted with Fang Yi: "Hey! Xiao Laiwang can be regarded as a capable person in the village. He has a way of planting fruit trees, but his temper is too bad, so he can light a fire.

A few years ago, a fortune teller came to the village. Standing on the slope, he pointed to Xiao Laiwang's family cemetery and said that the cemetery was not well chosen, and brothers would hurt each other, and father and son would kill each other.

After Xiao Laiwang heard this, the fortune teller who was chasing him with a kitchen knife ran all over the village. If the old village chief didn't stop him, someone would have died.

At that time, we all guessed that the fortune teller must be trying to scare Xiao Laiwang and cheat two money from his family, but we didn't expect to meet an unbeliever.Now it seems that what they said is right, that fortune teller is a master! "Director Xiao said seriously.

After a while, Shi Xiuzhen came back and brought back a certificate with the official seal of the village for Fang Yi to see.The proof was written objectively and had all the necessary content. Fang Yi asked Shi Xiuzhen to put away the proof.

On the way back from the car, Fang Yi kept thinking about what happened recently, why all the cases he took were murder cases, which was really a headache.

Early the next morning, Fang Yi went to the detention center to meet Xiao Ke.Xiao Ke has good features, short hair, big eyes, and looks very honest.At this time, his expression was a little dull, and he had not yet come out of the shadow of killing his father.

What Xiao Ke said was similar to what Shi Xiuzhen said, and Fang Yi took notes one by one.

"Lawyer Fang, I heard people inside say that if I killed someone, I might be shot. Is it true?" Xiao Ke's eyes flickered, and besides doubts, there was more panic.

"Your case has been transferred to the Intermediate People's Court, which shows that the procuratorate believes that your behavior is very harmful to society, and you may be sentenced to more than ten years in prison, or even life imprisonment or the death penalty.

But from what I know about the case, it is certain that you constituted the crime of intentional injury, but you chopped up your father in order to save your mother, which in turn caused your father's death.So I personally think that the court will not necessarily sentence you to death.

In the afternoon, I will go to the court to review the files, and the day after tomorrow I will go to the procuratorate to communicate with the prosecutor in charge of the case. I will come to see you again after I have formulated a defense plan. "Fang Yi said.

When Fang Yi went to the procuratorate to communicate with the procurator Zhou in charge of the case, he got a piece of news that the media was very concerned about this case. It is said that in order to publicize the legal system, the court has approved media reporters to enter the scene and report on the case.

Sure enough, a few days later, the court called and told Fang Yi that Xiao Ke's case would be heard in public, and media reporters would interview him on the spot, asking him to pay attention to his words and deeds, and to wear a lawyer's robe on the day of the trial.

"Old Fang, why don't you leave after get off work?" Huang Yuanchao put on his down jacket and was carrying his bag to go home. When he saw Fang Yi still writing at his desk, he walked up to him.

"There is a case of intentional injury. The court will start next week. I am preparing my defense. You go first, and I will check the information." Fang Yi said.

"Okay, I'm going home first. Pay attention to your body and don't work too hard." After Huang Yuanchao finished speaking, he turned and left.

Fang Yi got up and stretched, looked at the back of Huang Yuanchao who was going away, and smiled bitterly in his heart: the word "go home" is so familiar to me, but also so strange, the once warm home is no longer there. Can not go back.Take one step at a time!

People, as long as they are alive, should have a head, and Fang Yi's head is his son Fang Anzhi.

On the day of the trial, the auditorium of the court was full of people, including Shi Xiuzhen. There were many people with cameras in the first row, who should be reporters.

There is a video camera at the front, and a burly man standing behind him is adjusting the position of the video camera.

The moment the gavel was struck, the trial began.

After completing the previous fixed procedures, the presiding judge asked the public prosecutor to read out the indictment.The chunky man sitting at the head of the public prosecutor's seat was Prosecutor Zhou who had communicated with Fang Yi before.

"...Defendant Xiao Ke hacked the victim's head, neck, shoulders and other parts with a kitchen knife. After the victim was sent to the hospital for treatment, he died of hemorrhagic shock at [-]:[-] p.m. the next day.

This court believes that the behavior of the defendant Xiao Ke violated the provisions of Article 230 of the "Criminal Law of the People's Republic of China". 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.

In view of the fact that the defendant Xiao Ke surrendered himself to the crime and received the understanding of his family, he pleaded guilty and accepted punishment, according to the provisions of Article 60 of the Criminal Law No. 15 and Article [-] of the Criminal Procedure Law of the People's Republic of China, he can be given a lighter or mitigated punishment.

According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", this court instituted a public prosecution, please sentence it according to law.complete. "Prosecutor Zhou looked at the judge after reading out the indictment.

"Defendant, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts and charges charged in the indictment?" said the presiding judge.

"I have no objection." Xiao Ke looked nervous, and in fact he was. He was on the verge of collapse.

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

"Okay, presiding judge. The defendant Xiao Ke, what is the relationship between the victim Xiao Laiwang and you?" Prosecutor Zhou asked.

"He is my father." Xiao Ke said.

"Who did the injury to the victim Xiao Laiwang?" Inspector Zhou asked.

"I chopped it with a kitchen knife." Xiao Ke said with his head down.

"On the day of the incident, why did you kill your father with a kitchen knife?" Inspector Zhou asked.

"Because he hit my mother." Xiao Ke said.

"How did he beat your mother?" Inspector Zhou continued to ask.

"He grabbed my mother's hair and slammed it against the wall." Xiao Ke wiped away his tears.

"Presiding judge, the public prosecutor has finished questioning." Prosecutor Zhou said.

In Fang Yi's view, Prosecutor Zhou was avoiding the more serious and the less important. He didn't propose a reason, nor did he mention the origin of the kitchen knife. He wanted everyone in the auditorium and the judge to think that Xiao Ke killed on impulse and was a crime of passion.But this is not what Fang Yi wants everyone to see.

"Does the defendant's defender need to question the defendant?" asked the presiding judge.

"Yes, I need to ask a question." Fang Yi looked at the outline of the question, and then said, "Defendant Xiao Ke, where did you get the kitchen knife you used to chop up the victim Xiao Laiwang?"

"I took it from my father." Xiao Ke said.

"That is to say, the murder weapon in your hand belongs to your father Xiao Laiwang, right?" Fang Yi repeated on purpose. His purpose was to deepen the judge's and on-site observers' impression of the kitchen knife.

"Yes!" Xiao Ke said.

"What is your father doing with the kitchen knife?" Fang Yi continued to ask.

"He wanted to chop me and my mother with a kitchen knife."

As soon as Xiao Ke's words came out, everyone in the auditorium was shocked immediately. The reporter sitting in the front row immediately focused on the lawyer's question as if a shark smelled blood.

"Did the victim Xiao Laiwang say that, or did you guess?" Fang Yi asked.

"He beat me and my mother in the bedroom before, and then he was so angry that he wanted to kill our mother and daughter, so he went to the kitchen to get the kitchen knife. I was afraid that he would hurt my mother, so I ran out and took the kitchen knife." Xiao Ke said.

"Since you have already taken the kitchen knife, he is no longer a threat to your mother, why do you want to cut him?" Fang Yi asked.

yes!Why?The reporters in the auditorium also had this question in mind.

"I didn't want to kill him at the time, but when I heard my mother's cry for help, I..." Xiao Ke said, choked up: "I didn't want to, I really didn't want to..."

At this time, Fang Yi couldn't continue to ask, he could only wait for the defendant Xiao Ke's mood to calm down before continuing to ask.

"Defendant Xiao Ke, please control your emotions. Now is the trial time. We will not wrong a good person, nor let a bad person go..." the presiding judge reassured.

"Will the defendant's defender continue to ask questions?" After a while, the presiding judge saw that Xiao Ke's mood had stabilized, and looked at Fang Yidao.

"Yes, we need to continue to ask questions." Fang Yi finished speaking and pondered: "Defendant Xiao Ke, I know you are very sad, but this is a court, we need to know the truth of the matter so that the judge can make a notarized judgment , please control your emotions."

"Mm, um..." Xiao Ke raised his hand to wipe away his tears, and nodded in agreement.

"What did you do when you heard your mother calling for help?" Fang Yi asked.

"I ran into the house and saw my father, Xiao Laiwang, grabbing my mother's hair and hitting it against the wall. My mother's head was covered with blood. I couldn't control it, so I chopped him with the kitchen knife in my hand. .” Xiao Ke said.

After crying, the pressure in his heart was relieved a lot, and his mood became more stable.

"What did you do after your father was chopped off?" Fang Yi continued to ask.

"My mother asked me to call an ambulance, and then we sent him to the hospital for rescue. Under my mother's persuasion, I went to the police station and surrendered." Xiao Ke said.

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

There was nothing to say in the proof-examination and cross-examination link. The public prosecutor provided evidence such as on-site inspection records, the defendant's statement, the tools of the crime, and the autopsy report.

Defendant Xiao Ke and defender Fang Yi agreed with the above evidence. Later, Fang Yi presented the letter of understanding from the defendant's mother Shi Xiuzhen, the certificate issued by the village committee, and the medical record from the hospital, proving that the defendant Xiao Laiwang often treated the victim at home. The defendant and his mother Shi Xiuzhen engaged in domestic violence, as evidenced by medical records from the hospital.

……

"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 judges, we believe that the defendant Xiao Ke impulsively slashed and injured the victim Xiao Laiwang when his mother was being beaten, resulting in the death of the victim.

Although the defendant, Xiao Ke, shot and wounded others for the purpose of helping his mother, Shi Xiuzhen, from the analysis that Xiao Ke hacked Xiao Laiwang with a kitchen knife, causing multiple injuries and causing his death due to hemorrhagic shock, his behavior was justified. However, the victim Xiao Ke's behavior obviously exceeded the necessary limit, causing serious consequences of the victim's death. Therefore, it can be determined that Xiao Ke's behavior constituted excessive defense.

Given that his behavior was excessive self-defense, he surrendered himself, and he pleaded guilty and accepted punishment, we recommend that the court sentence him to [-] years in prison.complete. " Inspector Zhou said.

Xiao Ke then defended himself. Xiao Ke's education level was limited, and he didn't have many words in his stomach.

"Defendant Xiao Ke's defender issued a defense opinion." The presiding judge said.

"Presiding judge, judge: The defender believes that the defendant constituted excessive defense and should be punished by the criminal law, but the punishment should be mitigated. The reasons are as follows:
[-]. The defendant has the right to self-defense
In this case, the victim Xiao Laiwang has been abusing the defendant Xiao Ke and his mother, and the defendant's mother was beaten and hospitalized several times.

On the day of the incident, the victim, Xiao Laiwang, went home after drinking and yelled at the defendant's mother for trivial matters, and then the defendant returned home to dissuade her.

During the beating and scolding, the victim Xiao Laiwang threatened to kill the defendant and his mother, and went to the kitchen to fetch a kitchen knife. The defendant Xiao Ke took the kitchen knife from the victim Xiao Laiwang's hand in order to avoid the tragedy.

However, the victim Xiao Laiwang’s illegal assault on the defendant’s mother, Shi Xiuzhen, continued. Although the defendant was not the one who beat the defendant, the possibility that the victim’s violent behavior caused more serious consequences cannot be ruled out in combination with the fact that the victim often had serious domestic violence after drinking. .Therefore, the defendant Xiao Ke has the right to self-defense against the ongoing domestic violence of the victim Xiao Laiwang.

[-]. The defendant's behavior was excessive self-defense

From the analysis that the defendant Xiao Ke slashed the victim with a kitchen knife and caused multiple injuries, leading to his death due to hemorrhagic shock, his behavior was indeed not equal to the means and severity of the victim's unarmed domestic violence. Therefore, Xiao Ke's behavior Constitutes excessive defense.

[-]. The defendant has circumstances for a lighter and mitigated punishment
First, the village committee where Xiao Laiwang works issued a certificate proving that the victim Xiao Laiwang had a past history of domestic violence, and requested that the defendant Xiao Ke be given a lighter punishment.

Secondly, after the incident, the defendant Xiao Ke sent Xiao Laiwang, who had been chopped up, to the hospital for treatment immediately, and voluntarily surrendered himself to the public security organ, and got his mother's forgiveness.mitigating circumstances.

Finally, the victim in this case was at fault for the occurrence of the case. The defendant Xiao Ke's eagerness to save his mother caused the serious consequences of the victim's death, which is less harmful to society and is an excessive defense.Ask the court to reduce the punishment of the defendant according to law.

In summary, the defender suggested that the defendant Xiao Ke should be subject to probation.complete. "Fang Yi said.

Fang Yi's defense caused a commotion in the auditorium. Some people think that it is impossible to apply probation for killing someone. Some people feel that Fang Yi's proposed sentence is reasonable out of sympathy for Xiao Ke.

Fang Yi's suggestion that the court apply probation to the defendant Xiao Ke was not based on a slap in the face, but a sentencing recommendation based on the judgments of courts in various places in recent years on such cases.Although local courts may not necessarily apply, there is no harm in suggesting it.

……

(End of this chapter)