Lawyer
Chapter 556 Is it Surrendered?
As soon as Fang Yi returned to the office, Zhou Ying sent over the case file.
"Lawyer Fang, this is a transfer from the case team, saying that the client has appointed you to handle a criminal case. The client is upstairs, and the lawyers just finished talking." Zhou Ying said.
"Well, let's go upstairs and have a look." Fang Yi picked up the file and flipped through it, then walked out.Zhou Ying followed closely behind.
In the conference room upstairs, a man in his 50s, with gray hair and ordinary clothes, listened to Xie Youhe's consolation with a complex expression.
"Mr. Geng, this is lawyer Fang Yi, a partner of our law firm.
Lawyer Fang, this is Mr. Geng Kunshan. Mr. Geng's son was suspected of intentional homicide and was sentenced to death with a reprieve at the first instance. However, the procuratorate refused to accept it and filed a protest. "Xie Youhe introduced Fang Yi when he entered the door.
After the introduction, Xie Youhe left the conference room.
"Hello, Mr. Geng, please tell me what you know. The content of the case acceptance record is not too detailed." Fang Yi took out a copy of the first-instance judgment and said.
"Hey, the fault of raising a godfather, speaking of it, is all my fault. In order to get the mobile red flag, our team worked hard day and night, and finally took a break to pick up the child for the wife. Received." Geng Kunshan said with guilt.
"Didn't receive it? Why?" Zhou Ying asked in surprise.
"The child was already in the first grade at that time, and I thought he was in kindergarten." Geng Kunshan said awkwardly.
After a while, Geng Kunshan went on to say: "There are regulations in the country that only one child is allowed. After my daughter-in-law gave birth to my son Geng Di, she doted on him very much. In order to give him the best life, the two of us lived frugally... "
After Geng Kunshan's son, Geng Di, graduated from junior high school, he knew that he would not be able to enter university, so he went directly to a technical school. In those years, reforms were everywhere, and technical schools were also allocated based on merit.
After three years in the technical school, Geng Di relied on his father Geng Kunshan's relationship to find a job in the factory, but because of his freedom and laxity, he couldn't do whatever he wanted, and no team wanted him.In the end, the factory assigned him to the logistics. After a year of working together, the contract expired, and the factory did not renew the contract with him.
Geng Kunshan knew what his son was like, and he had no face to intercede with the factory, so he set up a stall for him to sell pancakes.Geng Di felt ashamed of selling pancakes and didn't do it all day, so he sold the pancake stand for some money, and then wandered around on the street all day.
In mid-July this year, Geng Di ran out of money, so he asked his parents for money. His mother wanted to give him some money, but his father Geng Kunshan refused. The father and son had a big fight, and Geng Di left home.
All relatives and friends in the family know Geng Di's virtues, and no one is willing to lend him money.In desperation, Geng Di thought of Xie Liang, his father's apprentice in the factory. Xie Liang often came to see Geng Kunshan at home during the holidays, and he had a good relationship with him.
Early the next morning, Geng Di went to Xie Liang's house in Lin County.It happened that Xie Liang was at home off work, and he was the only one at home.
On the pretext of coming to the county to do business, Geng Di bumped into two young men at the next table while having breakfast at the breakfast booth. As a result, the two sides fought. Let him compensate the other party for medical expenses.He had no money in hand, so he came to Xie Liang to borrow 5000 yuan to compensate him.
Xie Liang was almost annoyed. In front of him, Geng Di's clothes were neat, his hair was combed shiny, not messy at all, and there was no wound on his face. He beat two of them?Peerless master!Xie Liang knew at a glance that Geng Di was lying.
Xie Liang has an upright character, so he took Geng Di to the police station to verify the situation on the spot. When Geng Di saw it, he was furious and said that Xie Liang had no conscience and would not save him.Xie Liang also lost his temper and blamed him for talking nonsense.
The two quarreled and started fighting, Xie Liang didn't want to do anything to Geng Di for the sake of his master, it was fine to drive him away, but Geng Di didn't think so, he felt that Xie Liang had insulted him, He was merciless in his hands.
During the fight, Geng Di picked up the porcelain teapot on the table and smashed Xie Liang's head, which made Xie Liang dizzy.At this time, Geng Di's eyes were red, and he rushed into the kitchen and took a kitchen knife. When he came back, he slashed at Xie Liang's head and neck. Xie Liang missed his mistake and was hacked to death on the spot.
Seeing that someone had been killed, Geng Di panicked, and then he searched the house for a while, but only found [-] yuan and a gold necklace (worth [-] yuan), and then fled the scene and ran to the residence. Uncle Geng Kunshui's home in the county.
Uncle Geng Kunshui saw that his expression was wrong, and after questioning, he found out that his nephew Geng Di had killed someone and had come to escape the disaster.At dinner that night, Uncle Geng Di persuaded him to surrender himself. Geng Di knew that he would be arrested sooner or later, so he nodded in agreement.
Uncle was afraid that Geng Di would escape again, so he called the public security organ while going to the bathroom.Not long after, the public security organs came to the house and arrested Geng Di.
After being brought to justice, Geng Di confessed to the crime.Soon after, the procuratorate transferred Geng Di's case to the Intermediate People's Court on the charge of intentional homicide.
After the trial, the intermediate court held that the defendant, Geng Di, quarreled and fought with the victim because he failed to borrow money, and killed the victim Xie Liang during the fight. His behavior constituted the crime of intentional homicide and should be severely punished according to law.
In view of the fact that the defendant Geng Di was able to surrender himself under the persuasion of his relatives after committing the crime, he can be given a lighter punishment according to law.The intermediate court ruled that the defendant Geng Di committed the crime of intentional homicide and was sentenced to death with a two-year reprieve and deprived of political rights for life.
After the verdict was pronounced in the first instance, the procuratorate believed that the defendant Geng Di was arrested by reporting to the public security organs through his uncle Geng Kunshui. Therefore, his behavior cannot be considered as surrender.
The procuratorate lodged a protest with the Provincial High Court on the grounds that Geng Di's murder method was cruel, the society was extremely harmful, and the original sentence was abnormally light.
The original defense lawyer felt that there was no chance in this case, and Geng Di might be sentenced to death in the second trial, so he accepted it as soon as he saw it, and found a reason to refuse the entrustment of the second trial.Geng Kunshan had no choice but to find another lawyer. He found Fang Yi's introduction on the Internet, so he came to Wanhua United Law Firm and wanted to entrust the case to Fang Yi.
"Lawyer Fang, I understand the principle of murder for life, but..., now the procuratorate is filing a protest, saying that the court's sentence of my son's death reprieve is too light, and my son does not constitute a surrender.
Although it was my brother who reported the case, my brother had already asked my son before reporting the case, and my son Geng Di agreed to surrender himself to the public security organ..." Geng Kunshan looked at Fang Yi, hoping that he could say something he wanted Listen to words.
"Lawyer Fang, this is a transfer from the case team, saying that the client has appointed you to handle a criminal case. The client is upstairs, and the lawyers just finished talking." Zhou Ying said.
"Well, let's go upstairs and have a look." Fang Yi picked up the file and flipped through it, then walked out.Zhou Ying followed closely behind.
In the conference room upstairs, a man in his 50s, with gray hair and ordinary clothes, listened to Xie Youhe's consolation with a complex expression.
"Mr. Geng, this is lawyer Fang Yi, a partner of our law firm.
Lawyer Fang, this is Mr. Geng Kunshan. Mr. Geng's son was suspected of intentional homicide and was sentenced to death with a reprieve at the first instance. However, the procuratorate refused to accept it and filed a protest. "Xie Youhe introduced Fang Yi when he entered the door.
After the introduction, Xie Youhe left the conference room.
"Hello, Mr. Geng, please tell me what you know. The content of the case acceptance record is not too detailed." Fang Yi took out a copy of the first-instance judgment and said.
"Hey, the fault of raising a godfather, speaking of it, is all my fault. In order to get the mobile red flag, our team worked hard day and night, and finally took a break to pick up the child for the wife. Received." Geng Kunshan said with guilt.
"Didn't receive it? Why?" Zhou Ying asked in surprise.
"The child was already in the first grade at that time, and I thought he was in kindergarten." Geng Kunshan said awkwardly.
After a while, Geng Kunshan went on to say: "There are regulations in the country that only one child is allowed. After my daughter-in-law gave birth to my son Geng Di, she doted on him very much. In order to give him the best life, the two of us lived frugally... "
After Geng Kunshan's son, Geng Di, graduated from junior high school, he knew that he would not be able to enter university, so he went directly to a technical school. In those years, reforms were everywhere, and technical schools were also allocated based on merit.
After three years in the technical school, Geng Di relied on his father Geng Kunshan's relationship to find a job in the factory, but because of his freedom and laxity, he couldn't do whatever he wanted, and no team wanted him.In the end, the factory assigned him to the logistics. After a year of working together, the contract expired, and the factory did not renew the contract with him.
Geng Kunshan knew what his son was like, and he had no face to intercede with the factory, so he set up a stall for him to sell pancakes.Geng Di felt ashamed of selling pancakes and didn't do it all day, so he sold the pancake stand for some money, and then wandered around on the street all day.
In mid-July this year, Geng Di ran out of money, so he asked his parents for money. His mother wanted to give him some money, but his father Geng Kunshan refused. The father and son had a big fight, and Geng Di left home.
All relatives and friends in the family know Geng Di's virtues, and no one is willing to lend him money.In desperation, Geng Di thought of Xie Liang, his father's apprentice in the factory. Xie Liang often came to see Geng Kunshan at home during the holidays, and he had a good relationship with him.
Early the next morning, Geng Di went to Xie Liang's house in Lin County.It happened that Xie Liang was at home off work, and he was the only one at home.
On the pretext of coming to the county to do business, Geng Di bumped into two young men at the next table while having breakfast at the breakfast booth. As a result, the two sides fought. Let him compensate the other party for medical expenses.He had no money in hand, so he came to Xie Liang to borrow 5000 yuan to compensate him.
Xie Liang was almost annoyed. In front of him, Geng Di's clothes were neat, his hair was combed shiny, not messy at all, and there was no wound on his face. He beat two of them?Peerless master!Xie Liang knew at a glance that Geng Di was lying.
Xie Liang has an upright character, so he took Geng Di to the police station to verify the situation on the spot. When Geng Di saw it, he was furious and said that Xie Liang had no conscience and would not save him.Xie Liang also lost his temper and blamed him for talking nonsense.
The two quarreled and started fighting, Xie Liang didn't want to do anything to Geng Di for the sake of his master, it was fine to drive him away, but Geng Di didn't think so, he felt that Xie Liang had insulted him, He was merciless in his hands.
During the fight, Geng Di picked up the porcelain teapot on the table and smashed Xie Liang's head, which made Xie Liang dizzy.At this time, Geng Di's eyes were red, and he rushed into the kitchen and took a kitchen knife. When he came back, he slashed at Xie Liang's head and neck. Xie Liang missed his mistake and was hacked to death on the spot.
Seeing that someone had been killed, Geng Di panicked, and then he searched the house for a while, but only found [-] yuan and a gold necklace (worth [-] yuan), and then fled the scene and ran to the residence. Uncle Geng Kunshui's home in the county.
Uncle Geng Kunshui saw that his expression was wrong, and after questioning, he found out that his nephew Geng Di had killed someone and had come to escape the disaster.At dinner that night, Uncle Geng Di persuaded him to surrender himself. Geng Di knew that he would be arrested sooner or later, so he nodded in agreement.
Uncle was afraid that Geng Di would escape again, so he called the public security organ while going to the bathroom.Not long after, the public security organs came to the house and arrested Geng Di.
After being brought to justice, Geng Di confessed to the crime.Soon after, the procuratorate transferred Geng Di's case to the Intermediate People's Court on the charge of intentional homicide.
After the trial, the intermediate court held that the defendant, Geng Di, quarreled and fought with the victim because he failed to borrow money, and killed the victim Xie Liang during the fight. His behavior constituted the crime of intentional homicide and should be severely punished according to law.
In view of the fact that the defendant Geng Di was able to surrender himself under the persuasion of his relatives after committing the crime, he can be given a lighter punishment according to law.The intermediate court ruled that the defendant Geng Di committed the crime of intentional homicide and was sentenced to death with a two-year reprieve and deprived of political rights for life.
After the verdict was pronounced in the first instance, the procuratorate believed that the defendant Geng Di was arrested by reporting to the public security organs through his uncle Geng Kunshui. Therefore, his behavior cannot be considered as surrender.
The procuratorate lodged a protest with the Provincial High Court on the grounds that Geng Di's murder method was cruel, the society was extremely harmful, and the original sentence was abnormally light.
The original defense lawyer felt that there was no chance in this case, and Geng Di might be sentenced to death in the second trial, so he accepted it as soon as he saw it, and found a reason to refuse the entrustment of the second trial.Geng Kunshan had no choice but to find another lawyer. He found Fang Yi's introduction on the Internet, so he came to Wanhua United Law Firm and wanted to entrust the case to Fang Yi.
"Lawyer Fang, I understand the principle of murder for life, but..., now the procuratorate is filing a protest, saying that the court's sentence of my son's death reprieve is too light, and my son does not constitute a surrender.
Although it was my brother who reported the case, my brother had already asked my son before reporting the case, and my son Geng Di agreed to surrender himself to the public security organ..." Geng Kunshan looked at Fang Yi, hoping that he could say something he wanted Listen to words.
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