Lawyer

Chapter 439

"According to what you said, there should be no problem with the facts identified in this criminal judgment and the applicable law. But I feel that the sentencing is a bit too heavy." Fang Yi said.

"Lawyer Fang, our family Gao Shengyang just threw a few clods, but Guo Yuxiang was not hit. She accidentally fell off the ladder by herself, so she should be sentenced?" Zhao Lan felt that her husband was wronged.

"Although the clods and stones thrown by Gao Shengyang did not hit Guo Yuxiang, Guo Yuxiang fell from the ladder to avoid the clods and stones thrown by Gao Shengyang. There is a causal relationship between the two. So Gao Shengyang constituted the crime of intentional injury," Fang Yi explained.

Although Zhao Lan didn't know what causation was in the criminal law, the court ruled, and the lawyer in front of her also said that her husband had committed a crime, so she could only accept it.

"When did you get this criminal judgment?" Fang Yi asked.

"I went to the court to get it the day before yesterday." Zhao Lan said.

"Well, the appeal period is only ten days, so hurry up. You signed the entrustment procedures, right?" Fang Yi asked while flipping through the entrustment procedures.

"It's all signed by me." Zhao Lan nodded.

One day later, at 55:[-] in the morning, Fang Yi appeared in front of the gate of the detention center.The northwest wind was blowing, and the lawyers waiting in line to be interviewed in the detention center were all blushed from the cold and kept stamping their feet.

The big iron door creaked open, and Fang Yi and others walked in one after another.

Gao Shengyang is about 1.8 meters tall, with a pair of thick eyebrows, a pair of big leopard eyes, a straight nose and a wide mouth, and a good face.Fang Yi suddenly found that he would involuntarily look at the other person's face when they met. Could it be that he has the potential to set up a stall on the street?Forget it, the city management is too powerful.

As the saying goes, the face is born from the heart, and the face can reveal a person's character and inner world, at least most people are like this. Of course, it is difficult to reflect the phrase "face is born from the heart" after plastic surgery.

"Hello, I'm Fang Yi, a lawyer from Wanhua United Law Firm. Do you know Zhao Lan?" Fang Yi spoke first.

"I know, she is my wife." Gao Shengyang said with a straight face.

"This is my entrustment procedure, please take a look, if you agree to me being your defense lawyer, please sign on it." Fang Yi handed over the entrustment procedure, and then said: "Please give me a detailed account of the case. Let me introduce it so that I can analyze the case."

Gao Shengyang nodded, and told the story of the incident intermittently. It may be because he was locked up for a long time, and because he was under too much mental pressure after being interrogated for ten years, the story of the incident was a bit confusing. If Fang Yi hadn't heard Zhao Lan's account of the incident before, he really couldn't understand what he meant.

In fact, many criminal suspects are very clear-headed when they are not arrested, and they can tell the truth about the crime, and can tell a lot of details. Once they are arrested and put in the detention center, their brains are immediately confused. A lot of details will be missed, and criminal suspects with poor mental capacity will collapse directly, and their logic will be confused.

"This is the appeal petition I drafted. Please read it. If there is no problem, sign it." Fang Yi knew that his logical thinking ability is relatively poor now, and it would be useless to ask more questions, so he took out the prepared appeal. shape.

"Do you have anything to say to your lover Zhao Lan?" Fang Yi asked.

"I'm afraid I won't be short when I go in. Let her find a good man to remarry! Don't wait for me." Gao Shengyang said with tears falling down.

In Fang Yi's heart, this anger, you old man, who looks like five or six, can you stop crying without saying a few words, as if you were parting from life and death.

"Your case is not hopeless, and I will go to the court to review the papers in the afternoon, and if possible, I will give you a misdemeanor plea.

Even if you are really sentenced to ten years, as long as you perform well inside, you can get a reduced sentence, and you will be able to come out in less than ten years, so don't be too pessimistic. "Fang Yi comforted.

"Really?! Then ask my wife to save me some money. I have no money to buy toilet paper." Gao Shengyang wiped away his tears and looked at Fang Yi.

After having a meal at noon, Fang Yi went to the intermediate court to submit the appeal and entrustment procedures.The next step is to wait for the court of second instance to notify the opening of the hearing.

The second trial of Gao Shengyang's case was heard by the Provincial High Court. On the day of the trial, there was snowflakes in the sky. Although the wind was light, it was like a knife. It hurt his face and the weather was very cold.

The court was well ventilated, and relatives of Gao Shengyang's family and his wife Zhao Lan were sitting in the auditorium.The family of the victim, Guo Yuxiang, did not come to listen because they received compensation.

The prosecution and the defense and the appellant Gao Shengyang had no objection to the facts and charges identified in the first instance, but there was a big controversy over the sentencing.

Prosecutors believe that the appellant Gao Shengyang has constituted the crime of intentional injury, and there is no statutory circumstance to mitigate punishment. However, considering that his social harm is not large and his subjective malice is small, the first-instance sentence of ten years' imprisonment is appropriate. It is recommended that The court dismissed the appellant's appeal.

Fang Yi's defense is very simple, based on the principle of commensurate crime with punishment, and the criminal justice policy of combining leniency with strictness.Although the appellant has constituted the crime of intentional injury and has no statutory mitigating circumstances, the appellant Gao Shengyang has no criminal record, less subjective malignancy, general means of injury, minor crimes, and little social harm.According to the second paragraph of Article 60 of No.[-] of the Criminal Law, it is recommended that the court impose a penalty below the statutory penalty.The recommended sentence is one year in prison.

It may be that the collegial panel felt that the focus of the dispute in this case was the sentencing, and the reasons of both parties were relatively clear, so after the prosecution and the defense expressed their defense opinions, they asked the appellant to make a final statement and ended the trial.

The Provincial High Court announced the verdict in court. The court found that the appellant Gao Shengyang committed the crime of intentional injury, and sentenced him to three years in prison below the statutory penalty, and reported to this court for approval according to law.

After hearing the verdict, Zhao Lan in the auditorium stared at her husband's back and kept crying.Gao Shengyang also felt relieved, and changed ten years to three years. Three years is not long or short, but for the Gao family, there is one less labor force in the family, and the two children have to go to school to spend money. With a little family background, the family lives in the countryside and the expenses are small. I'm afraid it's really hard to live this day.

After Gao Shengyang was taken away, Zhao Lan approached Fang Yi: "Lawyer Fang, thank you! My husband's case is over!"

"Although the case has been sentenced, it still needs to go through the review process, because it is a three-year fixed-term prison sentence under the statutory punishment (more than ten years of fixed-term imprisonment, life imprisonment, and death penalty). After the review by the Provincial High Court, it needs to be reported to the Supreme Court for review. .” Fang Yi explained.

Not long after that, it was reported step by step, and the Supreme Court formed a collegial panel in accordance with the law, reviewed the case, and approved the second-instance judgment.So far, the case of Gao Shengyang's intentional injury causing death has been closed.

(End of this chapter)