Lawyer

Chapter 558 The Lawyer's Last Stubbornness
Soon, Geng Di's murder case was heard in the Provincial High Court.The prosecution and the defense did not have any disputes about the facts of the case, and the focus of the dispute was on the sentencing.

After two rounds of debate between the prosecution and the defense in court, the presiding judge ended the trial. After a 10-minute adjournment, the presiding judge announced the verdict.

The Provincial Higher Court held that Geng Di, the defendant in the original trial, entered the victim's house for the purpose of making money and falsely claimed to borrow money. After being rejected, he armed himself with violence and smashed and chopped the victim's head and neck with porcelain teapots, kitchen knives, etc. In his twenties, [-] yuan in cash and a gold necklace (valued at [-] yuan) were confiscated after killing the victim. Geng Di's behavior constituted a crime of robbery.

The facts identified in the original judgment were clear and the evidence was reliable and sufficient, but the conviction was improper.The defendant in the original trial, Geng Di, agreed to surrender under the persuasion of his relatives, but he did not voluntarily surrender, and he reported a false name when he was arrested, in order to avoid legal sanctions, so he cannot be identified as surrendering himself.

Reporting the case to the public security organ by the defendant's uncle in the original trial is a justifiable killing of relatives.Procuratorate's grounds for protest established.The final judgment of the Provincial High Court: 2000. Revoke the first item of the criminal judgment of the Intermediate Court (that is, 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); [-]. The defendant Geng Di committed robbery crime, sentenced to death, deprived of political rights for life, and fined RMB [-].

After hearing the verdict of the Provincial High Court, Fang Yi and Zhou Ying on the defense bench and the two prosecutors on the public prosecutor's bench were very surprised. Both believed that Geng Di constituted the crime of homicide. For this reason, the two sides defended for more than an hour. As a result, the Provincial High Court ruled that Geng Di constituted the crime of robbery.

Both the prosecution and the defense felt lonely in the debate. It turned out that they didn't listen to them at all, and they were just following the procedure.But this is already the final verdict, and the death penalty is imposed. As long as the report is submitted and the Supreme Court passes the review, the case will be considered settled.

The procuratorate didn't care, anyway, they thought the first trial was lenient from the very beginning, and the death penalty imposed by the high court was in line with their estimated sentence.

But the defense side has something to say, Fang Yi thinks that this case should not be judged like this, and the judgment of the high court has exceeded his cognition.Fang Yi on the defense stand was stunned for a while before he realized it.

Although Fang Yi had vaccinated Geng Kunshan before, when Geng Kunshan in the auditorium heard the verdict, he still couldn't accept it, and sat on the chair with blank eyes.In the end, he was escorted out of the court by his younger brother Geng Kunshui.

Seeing that Fang Yi was not in a good mood, Zhou Ying did not dare to speak, but silently followed behind him, got into the car, started the car and headed towards the law firm.

"Xiao Zhou, did Geng Kunshan call?" Fang Yi walked into the law firm listlessly the next morning, and asked when he met Zhou Ying.

"No, but when we came out of the high court yesterday, I saw his younger brother supporting him, and then an ambulance drove in." Zhou Ying was not in a high mood. She wanted to feel the sense of accomplishment again and satisfy herself vanity, but in the end...

"Xiao Zhou, victory or defeat is a common matter in military affairs, don't get too entangled." Seeing that she was not in a high mood, Fang Yi advised her.

Zhou Ying nodded, and said in her heart: I hope you don't get too entangled.

"The scope of Geng Kunshan's entrusted authorization includes the death penalty review procedure of the Supreme Court. After the verdict is issued, I will submit a written defense opinion to the Supreme People's Court. Keep an eye on Geng Di's case. When the result comes out, remember to notify Me." Fang Yi said.

Fang Yi submitted a written defense opinion to the Supreme Court not because he felt sorry for Geng Di, but because there was such a clause in the content of the client’s entrustment. The most important thing was that Fang Yi felt that the provincial high court’s judgment was problematic and had no basis in law.Even if Geng Kunshan does not entrust, he will suggest to the parties to do so.

"Okay." Zhou Ying agreed.

Looking at Fang Yi's leaving back, she originally wanted to ask him that he has already entered the death penalty review process, is there any point in doing so?But in the end she still didn't ask, maybe this is the last stubbornness of the legal person.

(The Supreme People's Court issued the "Measures on Hearing the Opinions of Defense Lawyers in Handling Death Penalty Review Cases" (Fa [2014] No. 346, which came into effect on February 2015, 2). Those entrusted by relatives or appointed by legal aid institutions to serve as defense lawyers in death penalty review cases shall submit relevant procedures to the relevant trial divisions of the Supreme People's Court within three working days of accepting the entrustment or designation.

A defense lawyer shall submit a defense opinion within one and a half months from the date of accepting entrustment or designation.

The above-mentioned measures clarify the work content of lawyers in the death penalty review procedure. Although the role of lawyers may be minimal, procedural justice is still necessary. )
When she was about to get off work in the evening, Sister Lan called Fang Yi, invited him to dinner, and told him that she had something to consult.Fang Yi went downstairs and drove away.

In the private room of a private restaurant in the city, Sister Lan was persuading a sad-faced woman in her forties.It can be seen from her dress that the family conditions are relatively good.

"Sister Lan, I'm sorry I'm late." Fang Yi entered the private room, saw Sister Lan inside, thought he was late, and said casually.

"Brother, don't be so polite. We came early. We came half an hour early and have been talking for a while.

Let me introduce to you, this is Luo Jie, my neighbor, we have such a good relationship that we don't know each other when we eat and drink.Luo Jie, this is Lawyer Fang, my brother, we are all on our own, so don't hide what you have to say. "Sister Lan said carelessly.

"Lawyer Fang, hello, this is my business card." Luo Jie got up, took out a business card and handed it over.

After Fang Yi exchanged business cards with the other party, he glanced at the information on the business card. Luo Jie is the general manager of a jade company. Judging by her demeanor, she should be a senior person who has worked in the society for many years.

"Brother, I asked you out this time because I have something to ask you. Luo Jie, tell me." Sister Lan said.

"Lawyer Fang, I won't hide it from you. My husband was sentenced to eight years for fraud, and he has served more than four years in prison. I thought he would learn a lot from a pitfall, but he ended up in the prison. Another crime." Luo Jie frowned.

"What happened?" Fang Yi asked curiously.

"He cheated a death row prisoner of 10 yuan." Luo Jie said.

"Ah?!" Fang Yi's eyes widened in an instant. He is a talent, and he really cheated wherever he went.

"How did he cheat?" Fang Yi asked.

"He told a prisoner with a reprieve that he could reduce his sentence, and the two of them didn't know how to discuss it. The prisoner who was given a reprieve really believed it.

When the relative visited the prison, the prisoner asked the relative to transfer 10 yuan to the bank account designated by my husband.As a result, after a long time, the death row prisoner found that something was wrong, and the prison did not commute his sentence at all, so he reported my husband to the prison.

In this way, my husband's case was transferred to the court.

Lawyer Fang, how many years do you think my husband will be sentenced this time? "Luo Jie asked.

(End of this chapter)