Lawyer

Chapter 500 Illegal detention transformed into intentional homicide

Li Xibin's elder brother, Mr. Li of Guangyao Group, knew the situation and felt that his younger brother was responsible for the incident. The two old employees of the security department were from his own village. Regardless of whether it was suitable, he found a lawyer for the three of them.In fact, it was mainly for his younger brother, and the other two belonged to the head-to-head, for others to see.

After the trial, the Intermediate People's Court of the neighboring province held that the defendants Li Xibin, Zou Yu, and Tian Yi illegally kidnapped others and caused death in order to collect debts, and their actions constituted the crime of kidnapping.In accordance with the provisions of Article 230, Paragraph 20 of Article 20, Paragraph 20 of Article [-], Paragraph [-] of Article [-] of No. [-], Paragraph [-] of Article [-] of No. [-] and Article [-] of No. [-] of the Criminal Law of the People's Republic of China, the judgment:
[-]. Defendant Li Xibin committed the crime of kidnapping and was sentenced to death and deprived of political rights for life;
[-]. Defendant Zou Yu committed the crime of kidnapping and was sentenced to death and deprived of political rights for life;

[-]. Defendant Tian Yi committed the crime of kidnapping and was sentenced to life imprisonment and deprivation of political rights for life.

After the verdict was pronounced by the Intermediate Court, the defendants Li Xibin, Zou Yu, and Tian Yi refused to accept the verdict and filed an appeal on the grounds that the court of first instance was inaccurate in determining the verdict and the sentence was abnormally severe.The previous defense attorneys drafted appeals for the trio and filed them.

"Li Xibin, who gave the hibernation injection when Zhao Dongtian was kidnapped?" Fang Yi asked.

"It was Zou Yu. It was all discussed before." Li Xibin said.

"What is the cellar behind the parking lot used for?" Fang Yi asked.

"It is mainly used to store Chinese cabbage, radish and potatoes in autumn. It is a vegetable cellar with an iron door on it that can be locked." Li Xibin said.

"How is the ventilation in the vegetable cellar?" Fang Yi asked.

"Ventilation...isn't that bad, there's an iron pipe as thick as a fist leading to the ground." Li Xibin hesitated and said.

Two days later, in Fang Yi's office of Wanhua United Law Firm, Lao Song, Wang Yong, and two trainee lawyers were drinking tea and discussing the case.

"My understanding of the case is basically the same as what you have learned. I think the charges convicted by the court of first instance in this case are not accurate enough. This case should be convicted and sentenced according to the crime of illegal detention." Lao Song said while sitting on the sofa, holding a notebook.

"I also think there is a problem with the charges convicted by the court of first instance. In this case, Li Xibin and other three defendants illegally restricted Zhao Dongtian's personal freedom in order to collect legal debts. This is indeed illegal detention, not kidnapping.

However, the defendant forcibly injected the victim with "Dongmian Ling" (hibernation injection), which resulted in his death. The behavior of the three defendants is also suspected of using violence in illegal detention to cause death.

Whether the collegial panel of the second-instance court will think so, I can't say, but I think we need to make preparations to prevent the court from handling the case as the crime of intentional homicide. "Wang Yong thought for a while.

"Well, I also agree with Lawyer Song's opinion. Our defense is in the same direction. As for Lawyer Wang's claim of 'using violence to cause death in illegal detention', I think we need to discuss it. Old Song, what do you think?" Fang Yi said.

Since Wang Yong euphemistically put forward the opinion of "use of violence in illegal detention to cause death", Fang Yi thinks that lawyer Wang must think so, even if he doesn't think so, there is a tendency in this regard. First, both Lao Song and himself agreed to plead the crime of illegal detention, while Wang Yong believed that there was room for this case to be transformed into the crime of intentional homicide.

So Fang Yi felt that it was necessary to discuss it, otherwise the three defenders in court would disagree, and the effectiveness of the defense would be somewhat compromised.It doesn't feel good to the parties either.

"I don't think there is room for this case to be transformed into intentional homicide.

According to Article 230 of the Criminal Law, those who illegally detain others or illegally deprive others of their personal freedom by other means, causing serious injury or death, shall still be punished as the crime of illegal detention.Those who use violence to cause injury, disability or death during illegal detention shall be convicted and punished according to the crime of intentional injury or intentional homicide.

It can be seen from the above regulations that the result of the victim's casualties during illegal detention will be handled in two cases. Disability, death', transformed into the crime of intentional injury and intentional homicide.

These two situations have the result of serious injury or death, but the latter emphasizes the use of violence, and the result of serious injury or death is directly caused by violence, that is, there is a criminal law gap between the violence and the result of serious injury or death. causality.

If during the illegal detention, the perpetrator did not use violence to cause injury or death, or although he committed a certain violence, there is no causal relationship between the violence and the victim's injury or death in criminal law, It is not 'using violence to cause injury or death to a person', but illegal detention 'causing serious injury or death to a person'.In this case, in terms of the determination of the crime, it can only be convicted of illegal detention, and cannot be transformed into the crime of intentional injury or intentional homicide.

In this case, Li Xibin and the other three, in order to escort the victim Zhao Dongtian to the destination smoothly, forcibly injected the victim with "Dongmian Ling" many times to make him fall into a coma.Although the method of injecting "Hibernation Spirit" to make people sleepy and unable to resist has a certain "violent" nature, it is different from typical forms of violence such as beating and binding.

According to the expert appraisal conclusion in the case file, the Dongmianling injected by the three of Li Xibin to the victim was not enough to cause the victim's death. Factors such as lack of oxygen in the vegetable cellar.

In other words, even if Li Xibin and the other three forcibly injected the victim with "Dongmian Ling" is an "act of violence", there is no evidence to prove that the victim was "killed by violence".So I think this case should be identified as the crime of illegal detention. " Lawyer Song said.

"Well, I agree with Lawyer Song's opinion.

In this case, the defendant Li Xibin and the other three forcibly injected the victim Zhao Dongtian with "Dongmian Ling".

However, during the illegal detention of the victim Zhao Dongtian, the three of Li Xibin forcibly injected the victim with "Dongmian Ling" many times. Affect the health of the victim Zhao Dongtian.

I think the three of Li Xibin forcibly used the 'Hibernation Spirit' in order to recover legal debts and avoid the victim's resistance, ignoring the potential harm that might occur, and finally caused the death of the victim Zhao Dongtian.His behavior conforms to the characteristics of "negligence causing death".

Therefore, I believe that this case should be a crime of illegal detention. According to Article 230 of the Criminal Law, the three of Li Xibin may be sentenced to fixed-term imprisonment of more than ten years. "Fang Yi said.

(End of this chapter)