Lawyer

Chapter 701

"However, as far as I know, in judicial practice, general pushing and shoving behaviors cannot be regarded as beating or hurting behaviors in the criminal law because they do not have obvious intention to hurt. Criminal responsibility cannot be pursued for the crime of intentional injury." Lawyer Song suddenly took over the conversation.

It was based on the above understanding that he prepared to defend the defendant's innocence.

"Well, Lawyer Song is right, this is usually the case.

However, in this case, defendant Jie Quan's pushing and shoving behavior was different from ordinary pushing and shoving behavior.

First, after the dispute between the defendant Jie Quan and the victim, the defendant first gave the victim a mouth, and then pushed the victim. This is a coherent set of attacking actions.

During this process, the defendant, Xie Quan, always had the intention of harming subjectively, and the force of the pushing was very strong, otherwise it would not be enough to cause the victim to lose control of his body and collide with the back of the head against the door frame.

Second, general beatings can also cause serious injury or death under certain circumstances.The defendant's pushing and shoving behavior in this case was extremely powerful, and objectively caused the victim to lose control of his body and collide with the door frame at the back of his head, and then fell to the ground, resulting in brain contusion, subarachnoid hemorrhage, and death.

Therefore, I believe that the behavior of the defendant Xie Quan is an act of intentional injury. "Fang Yi explained.

"Then how do you understand the 'committing the crime' stipulated in the second paragraph of Article 230 of the Criminal Law?" Wang Yong asked unconvinced.

"I understand that the 'crime of the preceding paragraph' stipulated in the second paragraph of Article 230 of the "Criminal Law" refers to the defendant's intentional harm, that is to say, as long as the defendant's intention and behavior of harm meet the requirements The condition should not be interpreted mechanically as the requirement that the intentional injury must cause the victim more than minor injury.

The reason is that there is often no criminal premise of a minor injury in the case of intentional injury that directly causes serious injury or death.At the same time, in the case of intentional injury causing death, it is generally impossible and impossible to judge whether the initial (before the victim's death) injury degree has reached the level of minor injury or above for the deceased victim. "Fang Yi explained.

"According to your statement, there is a causal relationship in criminal law between the defendant's pushing and shoving behavior and the victim's death?!" Wang Yong looked unconvinced.

"Yes, I think there is a criminal causal relationship between the two.

In this case, the defendant's pushing and shoving of the victim would generally not result in the victim's death, but the defendant's pushing and shoving behavior directly caused the victim's head to collide with the door frame and fall to the ground after the collision. The intervention of the two causes led to the death of the victim, and the relationship between the defendant's pushing and beating behavior and the death of the victim appeared to be an accidental causal relationship.

Of course, this accidental result can be taken as a sentencing circumstance and submitted to the court for consideration.

Therefore, I think that the defendant's pushing behavior cannot be simply and mechanically separated from the consequences of the victim's head hitting the door frame and falling to the ground after the collision. Looking at it separately, this view is a misinterpretation of the causal relationship in criminal law. "Fang Yi said.

He knew that Wang Yong was not convinced by his point of view, but there was nothing he could do about it, because the lawyer's experience, experience and knowledge reserves would affect his judgment on the case.Once a person's thoughts are formed, it is difficult to change them.

"Another question came to my mind. If the defendant had the intention to injure the victim at the time of the incident, and at the same time was negligent in the death of the victim, would the court consider that the defendant did not constitute the crime of intentional injury, but constituted negligence? Death crime?" Lawyer Song looked at the two of them.

"I don't think it's very likely." Fang Yi was the first to express his opinion.

"Well, I agree with Lawyer Fang's opinion, the possibility of such a situation is unlikely." Wang Yong rarely agrees with Fang Yi.

It can also be seen from this that Wang Yong is not targeting Fang Yi, but just discussing the matter as it is, and he has such a temper.

"Why?" Lawyer Song asked.

"In this case, the defendant and the victim had a good relationship and were colleagues. Because of an argument over playing cards in the chess and card room, the defendant slapped the victim and pushed the victim in a hurry.

It can be seen from this that it was impossible for the defendant to hope or allow the death of the victim when he committed the pushing and shoving behavior, because the two parties did not have such deep hatred at all.

The defendant obviously had the intention of harming the victim when he pushed the victim, but he was negligent in causing the victim to hit the door frame with his head and then fall to his death.

In this case, although the harmful consequences caused by the crime of intentional injury are lighter than those caused by the negligent crime, from the perspective of the crime composition of the whole case, the intentional crime is the main one, and the negligence crime is secondary.Therefore, I believe that the defendant in this case can only be convicted and sentenced for the crime of intentional injury based on the intentional crime. "Fang Yi thought for a while and said.

Although Lawyer Song could not find a better reason to refute Fang Yi's point of view, and Lawyer Wang could not be convinced by Fang Yi's point of view, this did not affect the discussion between the three of them on the case.The three of them were just discussing the matter. Even Wang Yong, who was more of a thieves, just wanted to compete with Fang Yi professionally.He might be jealous of Fang Yi, but he never hated Fang Yi.

It is Fang Yi's luck that there are no colleagues who secretly make trouble, and it is also the luck of the Wankefa team.

At this time, Lawyer Song already had an idea. Although he always wanted to defend the defendant's innocence, the opinions of Fang Yi and Wang Yong reminded him that it might be really difficult for the court to accept the innocence defense.

So Lawyer Song was going to settle for the next best thing, taking out the part of Fang Yi and Wang Yong's views that was beneficial to the defendant, and defending the defendant for a lesser crime.

As for the opinions expressed by the three just now, which one will be adopted by the court, I am afraid that we can only look at the final criminal judgment.

A month later, the court pronounced the verdict on the case of the defendant Jie Quan.

After the trial, the court held that the defendant, Xie Quan, deliberately pushed the victim, causing his brain to hit the wooden door and then fell to the ground, resulting in brain contusion and subarachnoid hemorrhage, which constituted the crime of intentional injury.

Although the defendant did not foresee the serious consequences that his behavior would cause the victim to collide with the door and fall to the ground before he slapped and shoved the victim, the defendant’s shoving behavior was still controlled by his will. Intentional implementation is an act of deliberately injuring another person's body, and there is a causal relationship in criminal law between the consequences of the victim's death and the defendant's behavior.

The defendant subjectively had the intention to injure another person's body and was negligent in causing death, which met the constituent elements of the crime of intentional injury (death) and should be investigated for criminal responsibility for the crime of intentional injury (death).

In view of the fact that the defendant surrendered himself after committing a crime and actively compensated the economic losses of the family members of the deceased, his punishment can be mitigated.The final judgment of the court: Jie Quan, the defendant, committed the crime of intentional injury and was sentenced to six years in prison.

After the verdict was pronounced in the first instance, within the statutory period, the defendant, Xie Quan, did not lodge an appeal, nor did the procuratorate lodge a protest, and the criminal judgment then became legally effective.

(End of this chapter)