Lawyer

Chapter 501

"Well, I think what you two said makes sense. In this case, the defendant dismembered the victim's body after his death. Can it be inferred from this that the defendant has a laissez-faire mentality towards the victim's death?" Wang Yong thought for a while asked.

"Lawyer Fang, please analyze it." Lawyer Song smiled and kicked the ball to Fang Yi.

"Well, I don't think the three of Li Xibin have a laissez-faire mentality regarding the dismemberment of the corpse.

I don't think it can be fully inferred from the subsequent behavior that the defendant had a laissez-faire (indirect intentional) mentality when committing the crime, at least there are other possibilities.

Because sometimes the subsequent behavior may not be of the same nature as the previous behavior, but has another purpose.As far as this case is concerned, the defendant Li Xibin and others dismembered the corpse after the death of the debtor Zhao Dongtian. Look, the nature of the case should still be the crime of illegal detention.

Of course, we should also make some preparations for the two points that Lawyer Wang said, lest the judge think about it.There is no harm in having more coping options. "Fang Yi explained.

"Well, I agree with Attorney Fang's opinion. Then we will defend in the direction of the crime of illegal detention." Wang Yong nodded.

He said so in his mouth, but in his heart he was not very convinced of Lawyer Song and Fang Yi.He felt that he was one of the best criminal defense lawyers in his original law firm. After he joined the Wanke Law team, he could be ranked ahead technically and be able to take the lead. He didn't expect that he would only be assigned to the third place in this criminal case. The defendant was the one with the lightest crime among the three defendants, and of course the lawyer's fee was also the lowest. Lawyer Song firmly dominated himself.

According to his understanding, even if Fang Yi is a partner and the first defendant belongs to him, then the second defendant should belong to him. How can I say that I have been in the team for almost a year, and I work hard on cases, and my professional ability is better than that of lawyer Song. Not at all, but only the third defendant was assigned, which made him very upset.

At the same time, he also studied Fang Yi's case, and felt that the case he handled could be handled by himself, but he was a little unlucky and had no chance to perform.

Lawyer Song and Lawyer Fang didn't agree with the two points he raised now, which made him feel a little uncomfortable.His real thought was: Since you all said to defend the crime of illegal detention, then it’s up to you. Anyway, I am the defender of the third defendant. No matter how I defend my client, my client will not die.It depends on how the provincial high court judges, and then it will be decided.

After the three discussed, Wang Yong left Fang Yi's office.

"Old Song, I think Lawyer Wang doesn't seem to agree with our analysis." Fang Yi whispered.

"It's okay. We're discussing the case. It's normal to have different opinions, and it will help us analyze the case in depth. You don't have to think so much." Lawyer Song said indifferently.

"Okay, I'm going to go to the detention center again before the trial, do you want to go?" Fang Yi asked.

"Go, I will definitely go. Tell me when Xiao Zhou meets with the detention center." Lawyer Song said.

"Go back and ask Lawyer Wang if you want to go. If he goes too, the three of us will go there together." Fang Yi said.

"He, that's enough. When we were chatting before, he said that he didn't need to see the defendant anymore. I'll ask him again. I'll go back first. There is a case that will start in court tomorrow, and I have to prepare it." Lawyer Song finished, Got up and left the office.

Looking at the back of Lawyer Song going away, Fang Yi shook his head and said to himself: Old Song, thanks to the simple interpersonal relationship in the law firm, there are not so many intrigues.If this were in the company, it is estimated that you have been calculated by others and there is no scum left.

Lawyer Song is a technical lawyer. He usually does not fight or grab. He concentrates on studying laws and cases. He is neither as smooth as Huang Yuanchao, nor as eloquent as Ma Yi, and he is not good at flattering leaders. He can stand firm in Wankefa's team All on one's own ability.It is also thanks to Wan Kefa who is a sensible person and treats Lawyer Song well, otherwise he would not be able to work for long.

Soon after, Fang Yi received a hearing notice from the High Court of a neighboring province.

The day before the trial, Fang Yi and others came to the neighboring province and stayed in a hotel closest to the High Court.The next morning, after everyone had breakfast, they went to the high court.

At [-] o'clock in the morning, in the fifth court of the High Court, three defenders and two trainee lawyers lined up. Fang Yi sat in the first place, lawyer Song came in second, and Wang Yong sat in the last.

In the auditorium, the family members of the victim were sitting. One of them was a woman in her 30s with a sad expression on her face. She was probably the daughter-in-law of the victim Zhao Dongtian.There were five people sitting in the aisle, they were the defendant's family members, and Li Xibin's elder brother, Mr. Li, was not present.

After verifying the identities of the three defendants, Zou Yu and Tian Yi were taken out of the courtroom awaiting trial, leaving only Li Xibin in the dock.

"Next, the appellant, Li Xibin, will read out the appeal petition or state the reasons for the appeal." After the judge finished reading out the first-instance verdict, the presiding judge said solemnly.

"I don't accept the judgment of the first instance. I hijacked Zhao Dongtian to my parking lot to demand the transportation fee he owed me, not to kidnap him. I'm not kidnapping..." Li Xibin said.

"Next, the defense lawyer will announce the reasons for the appeal." The presiding judge said.

"The presiding judge and the judges: the defender believes that the facts found in the first instance were not clear, and the appellant Li Xibin did not constitute the crime of kidnapping and should be classified as the crime of illegal detention. The reasons are as follows:
This case was caused by the victim Zhao Dongtian’s arrears of transportation fees to the appellant Li Xibin. The appellant hijacked the defendant to his car yard in order to demand legal debts and illegally detained the victim Zhao Dongtian, during which the victim died.

In order to control the victim Zhao Dongtian, Li Xibin and others injected the victim with multiple injections of Dongmianling. Apart from this, Li Xibin and others did not commit any violence against the victim.According to forensic identification, there is no sufficient evidence to prove that Zhao Dongtian died directly from the injection of the drug.

Li Xibin's behavior conforms to the provisions of Article 230, paragraph [-] of the "Criminal Law" to illegally seize and detain others for debt collection. It should be classified as the crime of illegal detention and does not constitute the crime of kidnapping.Ask the court to change the sentence according to law.complete. "Fang Yi said.

"Appellant Li Xibin, do you have any objection to the facts and charges identified in the first-instance verdict?" asked the presiding judge.

"I have no objection to the facts, but I have objection to the charges. I am not guilty of kidnapping. I kidnapped Zhao Dongtian in order to ask for the shipping fee." Li Xibin said.

Before the trial, Fang Yi went to see him and explained the defense plan and relevant legal regulations to Li Xibin. Although Li Xibin didn't quite trust the middle-aged lawyer in front of him, he cared about his own life, so he listened. Be extremely serious, and hope to use this opportunity to save your life.

(End of this chapter)