Lawyer

Chapter 654 This is a bit strange!

"From the perspective of the development process of the whole case, the victim is the main party at fault in the cause of the case and the intensification of conflicts.

According to the evidence in the case, from the occurrence of the conflict between the two parties to the defendant's attack on the victims Ma Wanping and Nie Xiaoqin, the defendant had repeatedly reported the problem to the management department of the vegetable market and the Public Security Bureau, asking for a solution, but he did not receive effective help. .

When the relevant departments asked the two parties to self-injure themselves first, and then negotiate a solution, the victim Ma Wanping first led someone to beat the defendant, and then repeatedly asked the defendant to take the victim Nie Xiaoqin to the hospital for examination, and repeatedly entangled and forced them unreasonably.

The defendant, Feng Yongtong, saw that his wife's injury could not get better treatment, and he was forced to treat the victim's injury, which aroused fear and resentment.And when the victim entangled the defendant again, the defendant's anger and resentment erupted, resulting in one death and one serious injury of the victim.

In addition, the village committee of the defendant's village issued a certificate proving that the defendant had always been law-abiding, had a good character, did not steal or rob after being laid off, and was self-sufficient, and requested leniency for the defendant.The vegetable market management department and dozens of merchants also jointly issued a document requesting a lighter punishment for the defendant.

It can be seen from this that the defendant is not a vicious person, but just wants to work honestly and diligently to make money and improve the living conditions of the family. The reason for the murder is completely forced and helpless.

The defender believes that this case is obviously different from other intentional homicide cases that seriously endanger public order in society.No matter from the perspective of the defendant's subjective malice or the extent of its harm to society, it is weaker than ordinary intentional homicide cases.

To sum up, although the defendant Feng Yongtong murdered with cruel methods and extremely serious consequences, the defender reminded the court that the victim had major faults during the course of this case, and the murder of the defendant was entirely due to the fact that the victim repeatedly forced the defendant to see a doctor unreasonably. Asking for high compensation caused the intensification of conflicts.

In view of the fact that the defendant Feng Yongtong confessed truthfully and pleaded guilty and accepted punishment after being brought to justice, the defender suggested that he should be sentenced to death with a two-year reprieve.complete. After Fang Yi finished his defense, he looked sympathetically at the defendant Feng Yongtong, who wiped the tears from his face with his hand.

Fang Yi communicated with Feng Yongtong and Yuan Qingxiu about the defense plan before, because it involved intentional homicide, and one died and one was seriously injured, Fang Yi believed that the court would not accept the proposed sentence of life imprisonment, but if the other party was at fault, the collegial panel might accept the death reprieve sentencing recommendations.This is the best result Fang Yi can strive for for Feng Yongtong.

Yuan Qingxiu knew that her husband had committed a serious crime this time. The other party died. She understood the truth of killing and paying for life. It was already good enough to save her husband's life, so she didn't have too many extravagant expectations.

Feng Yongtong thought he was doomed this time, so he had no opinion on Fang Yi's defense plan. Who would want to die if he could live, but he doubted whether Fang Yi could really save his life.

……

After the adjournment, the collegial panel deliberated on the case, and then the presiding judge pronounced the verdict in court.

The Municipal Intermediate People's Court held that the defendant Feng Yongtong committed an attack with a knife, killing one person and seriously injuring another, which constituted the crime of intentional homicide.The circumstances of the murder are vicious and the means are cruel, and should have been severely punished in accordance with the law.

But this case happened for a reason, and the victim was at fault for the occurrence of the case and the intensification of the conflict.After the defendant was brought to justice, he pleaded guilty and showed remorse.In accordance with the provisions of Article 230, No.40 Article [-] Paragraph [-], and Article [-] Paragraph [-] of the "Criminal Law", the verdict: The defendant Feng Yongtong committed the crime of intentional homicide and was sentenced to death, suspended for two years, and deprived of political rights for life.

Hearing the verdict, Feng Yongtong was stunned for a moment, and then burst into tears. He didn't expect that he would survive.In the auditorium, Yuan Qingxiu also covered her face and wept.

Although the people who came to listen felt that Feng Yongtong was a little wronged, after all, he killed someone, and the court gave him a life sentence with a suspended death sentence. Everyone felt that the sentence was fair.

After the adjournment, everyone began to exit the court in an orderly manner. Wu Qinghui gently touched Zhou Ying with his arm, and whispered in a voice that only the two of them could hear: "One died and the other was seriously injured. I thought it was going to collapse!"

"In this case, lawyer Fang can only rely on the other party's fault, so it's not easy to defend. The lawyer has too little room to play. The defendant is indeed pitiful." Zhou Ying said in a low voice with complicated eyes.

In the corridor outside the court, Fang Yi saw Yuan Qingxiu who was wiping tears, and beside her were two women in their forties who were persuading her.When Feng Yongtong was taken out of the court by the bailiff just now, she cried so much that she passed out. It was the two women beside her who helped her out of the court.

"Lawyer Fang..." After seeing Fang Yi, Yuan Qingxiu wanted to say something, but before she finished speaking, tears flowed down again.

"Go back! You can go see him when the verdict takes effect." Seeing Yuan Qingxiu like this, Fang Yi couldn't bear it, but he didn't know how to persuade her.

On the eighth day after the criminal verdict was issued, Fang Yi called the court to ask whether the procuratorate had protested Feng Yongtong's case.The judge's assistant told him that the city's procuratorate filed a protest in Feng Yongtong's case. The reason for the protest was: the defendant committed murder in a public place with cruel means, serious consequences, and extremely bad social impact. He should be sentenced to death according to law and executed immediately.

In addition, the judge's assistant told Fang Yi a news that surprised him. The defendant Feng Yongtong refused to accept the first-instance judgment and had already filed an appeal.

After hanging up the phone, Fang Yi lost his mind. The procuratorate protested and the defendant appealed, but Yuan Qingxiu didn't contact her. This is a bit strange!Could it be that Yuan Qingxiu was dissatisfied with her work and entrusted the second trial to other lawyers?
At this time, in a medium-sized law firm in the city, Xia Jun looked seriously at Yuan Qingxiu who was facing him: "Ms. Yuan, don't worry, I don't think the problem is serious. Lawyer Fang's defense opinion is too conservative, so the court judged Your husband is on reprieve.

I think that after the conflict between your two families, the other party came to your door many times to beat and insult your husband, and later blackmailed your husband and wife, but the court of first instance found that the other party was at fault. At least it should account for more than 50.00%.I think this is the direct cause of your husband's murder.Let's work hard, and there is a great possibility that the sentence of the second trial will be reduced. "

Yuan Qingxiu looked at him and said suspiciously: "But lawyer Fang said last time..."

"Don't you always say to Lawyer Fang that he is not a judge, so his words must be accurate? Well, you can go back and wait for my news." Xia Jun said a little unhappy.

Since the verdict was pronounced in the first instance, Xia Jun has been eyeing Yuan Qingxiu.

(End of this chapter)