Lawyer

"Defendant, did you hear clearly the indictment read out by the public prosecutor just now? What crime are you charged with? Do you have any objection to the criminal facts charged in the indictment?" The presiding judge looked at Li Tianjun who was sitting in the dock.

"I heard it clearly, and I have no objection. I agree with the charges and criminal facts in the indictment." Li Tianjun said with his head drooping.

After listening to Li Tianjun's words, Fang Yi breathed a sigh of relief. In the first half week of the trial, Li Tianjun finally agreed to Fang Yi's suggestion and pleaded guilty.

Then the public prosecutor interrogated the defendant on the facts of the crimes charged in the indictment. Now that he had pleaded guilty and accepted punishment, Li Tianjun had nothing to argue with, so he answered every question and explained the situation in detail.

Fang Yi asked Li Tianjun how he was arrested and why he blackmailed the victim's family, and Li Tianjun answered them one by one.The court proceedings proceeded smoothly, and everything went smoothly.

Next came the link of evidence and cross-examination. Regarding the evidence presented by the procuratorate, the defendant Li Tianjun and the defender Fang Yi both recognized the facts of the case, and there was indeed nothing to defend against the evidence.

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. "The presiding judge said routinely.

"Presiding judge, judge: The public prosecutor believes that... Li Tianjun wrote threatening letters to the victim's family to blackmail after killing the victim, and he committed two acts before and after, which constituted the crime of intentional homicide and the crime of extortion.

Given that he pleaded guilty and accepted punishment after being brought to justice, we recommend that he be sentenced to death with a two-year reprieve.complete. "After the prosecutor finished speaking, he glanced at the defendant Li Tianjun, and then looked at the presiding judge.

Immediately afterwards, the defendant defended himself, and Li Tianjun's nose and tears flowed down, which fully demonstrated his determination to change his past.

"Next, the defendant's defender will give his defense opinion," said the presiding judge.

"The presiding judge and the judge: the defender believes that after the defendant Li Tianjun killed the victim Zhou Bo, he wrote a blackmail letter in order to divert the investigation attention of the public security organs and cover up the crime, which constituted the crime of intentional homicide, not the crime of extortion. The reasons are as follows :
[-]. Li Tianjun does not have the intention to illegally occupy other people's property, which does not constitute extortion.

Extortion refers to the behavior in which the perpetrator uses the safety, reputation, reputation, etc. of the victim and his relatives to threaten, coerce or coerce the victim for the purpose of illegal possession, and forcibly extorts a relatively large amount of public or private property.

Subjectively, the perpetrator aims at illegal possession; objectively, the perpetrator's behavior is manifested as using threats and other means to forcibly extort public and private property.

The evidence in the case cannot prove that Li Tianjun had the purpose of illegal possession. He wrote threatening letters to the relatives of the victim after his death, falsely claiming that the victim had been kidnapped and demanded ransom. This was only to divert the investigation attention of the public security organs and cover up the murder, not to Illegal possession of other people's property.And it never thought of collecting ransom from the beginning to the end.

Objectively speaking, although Li Tianjun wrote the blackmail letter, he did not actually go to the agreed scene to collect the ransom, so Li Tianjun's behavior did not constitute the crime of extortion.

[-]. The behavior of the defendant Li Tianjun constitutes the crime of intentional homicide
When Li Tianjun had a dispute with the victim, he intentionally strangled the victim's neck and covered his mouth, which made the victim unconscious and then threw the victim in the grass by the river, causing the victim to drown and die. His behavior constituted the crime of intentional homicide.

The defendant Li Tianjun strangled the neck, covered his mouth and other murders intentionally to kill the victim Zhou Bo.After the victim fell into a coma, Li Tianjun threw the king into the ditch, which was not a cessation of the murder, but a throwing of the 'corpse' when the defendant subjectively believed that the victim was dead, which did not change his intention to kill. nature.Therefore constitutes the crime of intentional homicide.

[-]. The defendant has surrendered himself.

After the incident, the defendant Li Tianjun was taken back to the police station by the public security organ for questioning. The defendant immediately confessed the facts of the crime. The defender believed that the defendant had surrendered himself and could be given a lighter punishment.

In summary, the defender believes that the defendant Li Tianjun constituted the crime of intentional homicide, but after he was brought to the case, he confessed truthfully, pleaded guilty and accepted punishment.complete. "Fang Yi issued a defense opinion.

Although the voluntary surrender in the defense opinion is a bit false, it is very likely that it will not be adopted by the court, but Fang Yi searched the case file, but did not find the facts of the case that benefited the defendant. Woolen cloth.

……

Since the prosecution and the defense had communicated for many rounds in advance, and had reached a basic consensus on the facts of the case, the trial debate was relatively mild and less confrontational.

After a 10-minute adjournment, the presiding judge announced the verdict in court.

The Intermediate People's Court held that the fact that the public prosecution accused Li Tianjun of killing the victim Zhou Bo and writing a threatening letter was established, but that Li Tianjun's actions constituted the crime of intentional homicide and extortion inappropriately.Defendant Li Tianjun kidnapped others for the purpose of extorting property and causing death, which constituted the crime of kidnapping.

Li Tianjun truthfully confessed his crime to the public security organs when the public security organs did not grasp the facts of his crime. He should be deemed to have surrendered himself and be given a lighter punishment.

First-instance verdict: Defendant Li Tianjun committed the crime of kidnapping and was sentenced to death with a two-year reprieve and deprived of political rights for life.

After reading the verdict, Fang Yi was stunned, and the prosecutor opposite was also stunned.After several rounds of communication between the two parties, the court finally convicted him of kidnapping.It's too fantastic!
Fang Yi was both surprised and amazed. He really couldn't understand the logic of the court's decision. In his opinion, the charge in this case must be intentional homicide.But the court's decision shattered his confidence, and it was all shattered.

Fang Yi sat in the dock and thought about it for a long time. In judicial practice, in the process of kidnapping, casualties of "hostages" often occur, and the perpetrators of kidnapping may also kill the "hostages" for the purpose of killing.But all of this is based on the fact that the perpetrators of the kidnapping have the purpose of extorting property, not killing or injuring them.

In this case, Li Tianjun caused the victim to lose consciousness during a dispute with the victim, and then dumped the victim by the river, subjectively intending to kill the victim.Li Tianjun wrote the blackmail letter in order to divert the attention of the public security organs from the investigation, but in fact the defendant did not collect the ransom.From the very beginning, he wasn't going for the ransom.

Moreover, when Li Tianjun wrote the extortion letter to the family members of the defendant, the victim was already dead, and there was no such thing as taking the kidnapped hostage.Objectively speaking, Li Tianjun did not carry out the kidnapping.Therefore, Li Tianjun's actions should not constitute the crime of kidnapping.