Lawyer

Chapter 798
"Lawyer Du, will I be sentenced? My family relies entirely on my part-time job to make money. If I am arrested, the life of the family...does a crime!" Yu Chaobo sighed, lowered his head and wiped his tears with the back of his hand.

"It's hard to say, I suggest you plead guilty, at least you can't resist the interrogation of the procuratorate and the court, and explain the whole thing clearly.

I can give you a lesser defense, a defense in the direction of excessive defense. "Du Yong thought for a while and said.

"I'm too defensive, should I go to jail?" Yu Chaobo looked at Du Yong eagerly.

"I can't give you an exact answer, but I will defend in the direction that is most beneficial to you." Du Yong replied.

Yu Chaobo didn't speak any more, just nodded heavily.

When Du Yong returned to the law firm, Yun Qiao was holding a ruling, and happily ran into Fang Yi's office: "Master, there is a big happy event."

Fang Yi was startled: "Who wants to get married?"

"It's not marriage. In Gu Mingguo's loan fraud case, the Provincial High Court found the facts to be unclear, so it ruled to revoke the original judgment and remand it for retrial. This is the ruling." Yun Qiao handed over the ruling.

"Well, it's really a good thing." Fang Yi read the content of the ruling and said with a smile.

"We just went to talk about this case, and the high court made a ruling. It seems that your judgment is correct. Maybe Gu Mingguo can be found not guilty." Yun Qiao praised Master Fang Yi.

"You can't say that. Everything is possible. The higher you hold, the harder you fall. You can contact Yu Wanru and send her a scanned copy of the decision to send it back for retrial. By the way, ask if you want to continue entrusting. If you entrust, ask her out." Come here." Fang Yi arranged.

"Okay, I'll do it right away." Yun Qiao ran out like a gust of wind.

In the afternoon of the next day, Yu Wanru came to the law firm again.She didn't expect her husband's case to be remanded by the Provincial High Court for retrial. It seems that the lawyer's fees and rewards have worked, and there must be a lawyer under the reward.

This time when she came to the law firm, Yu Wanru increased the price again. The lawyer’s fee was 20 yuan. If she was found not guilty, she would be rewarded another 20 yuan. 5 yuan.Yu Wanru will donate the reward money to Fang Yi in cash, which is the result of Wan Ke's negotiation.Fang Yi accepted it completely.

……

Soon after, the Yu Chaobo case of intentional injury handled by Du Yong opened.Yu Chaobo confessed to beating his younger brother to death with a wooden stick. Du Yong communicated with the prosecutor in charge of the case twice before. The prosecutor and Du Yong disagreed on whether the defendant constituted excessive self-defense. It also led to major differences between the two parties on the issue of sentencing.

During the trial, the procedure went quickly, and the prosecution and the defense focused on whether the defendant constituted excessive self-defense and sentencing.

"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. " said the presiding judge.

"The presiding judge and judges: This court believes that...a mentally ill person who cannot recognize or control his own behavior is a person without criminal responsibility. According to the first paragraph of Article No. 18 of the Criminal Law, even if he causes Those who endanger the result shall not be held criminally responsible.

Therefore, the violations committed by mental patients do not belong to the "illegal infringement" stipulated in the first paragraph of Article No. 20 of the "Criminal Law", and stopping the violations committed by mental patients does not constitute self-defense.

After the defendant Yu Chaobo snatched the wooden stick from the victim Yu Chaotao, although the victim was holding a brick and wanted to get up, because the victim was mentally ill, he did not meet the conditions of the object of self-defense, and he did not hit the defendant on the spot. However, the defendant hit the victim twice on the head with two sticks, resulting in his death. It can be seen that the defendant Yu Chaobo's behavior had obvious intention to injure, which constituted the crime of intentional injury.

In view of the fact that the defendant surrendered himself, we recommend that the court sentence the defendant Yu Chaobo to death with a two-year reprieve.complete. ” said the inspector.

……

"The defender expresses his defense opinion." The presiding judge looked at Du Yong.

"The presiding judge and the judge: the defender believes that the defendant Yu Chaobo's behavior was excessively defensive for the following reasons:
[-]. For the illegal infringement committed by the mentally ill, the defendant may implement justifiable self-defense.

First, the defender believes that the "unlawful infringement" stipulated in the first paragraph of Article No. 20 of the "Criminal Law" includes not only criminal acts, but also general illegal acts.

Although the third paragraph of Article No.20 of the "Criminal Law" limits the prerequisites for special defense to 'violent crimes that seriously endanger personal safety'.However, as far as general defense is concerned, the "Criminal Law" does not require it to be a criminal act, nor does it require it to be a serious illegal act. As long as there is an illegal infringement that damages the state, public interests, and citizens' personal, property, and other rights, it can be take deterrent action.

Second, the violations committed by mental patients without criminal responsibility are also behaviors that endanger society and are still illegal violations.

Although the first paragraph of Article No. 18 of the "Criminal Law" stipulates that if a mental patient causes harmful results when he cannot recognize or control his own behavior, and is confirmed by legal procedures, he shall not bear criminal responsibility, but the "Criminal Law" does not exempt mental patients. liability for civil violations.

Because civil illegal acts are still illegal acts, the infringements committed by mental patients who cannot identify or control their own behavior should be illegal infringements, so they cannot be completely excluded from the objects of legitimate defense. self-defense.

In this case, when the defendant Yu Chaobo was chased and beaten by his mentally ill younger brother Yu Chaotao and was unable to continue running and evading, the defendant Yu Chaobo beat Yu Chaotao in order to protect himself from unlawful infringement, which met the conditions of legitimate self-defense .

Third, the defendant's self-defense behavior exceeded the necessary limit.

The so-called limit of justifiable defense means that a justifiable defender cannot obviously exceed the necessary limit and cause significant damage to the unlawful infringer.

In this case, since the victim is a mentally ill person who cannot identify and control the nature of his own behavior, and holds sticks, bricks and other lethal weapons, which poses great personal danger to the defendant, the defendant still holds the bricks in the hands of the victim. In this case, using the snatched wooden stick for defense is suitable for the infringement in terms of defensive means.

However, after the defendant had pushed the victim to the ground, the victim's personal danger to the defendant had been greatly weakened. The defendant hit the victim's vital parts twice with a wooden stick, resulting in the death of the victim, which obviously exceeded the necessary limit. It belongs to excessive defense and constitutes the crime of intentional injury.

In view of the fact that the defendant took the initiative to send the victim home for treatment, his subjective malice was relatively small, and his social harm was not great.Moreover, after the defendant committed the crime, he surrendered himself and showed remorse, so he should be given a lighter punishment according to the law. The defender suggested that the defendant should be given a suspended sentence.complete. "Du Yong said in his defense.

(End of this chapter)