Lawyer
Chapter 871 The law is cold and ruthless!
Chapter 871 The law is cold and ruthless!
If a team is full of honest people who can't beat a fart with three sticks, it will definitely be lifeless, and it will be difficult to be active. Everyone always has a sense of distance and it is difficult to truly integrate.
The lawyers in the team have their own little calculations. People have selfishness. This is normal. As long as they are willing to communicate and communicate, there will be no major problems. At worst, if they fail to cooperate, they will just change jobs. I am most afraid of those "honest people who do not communicate or communicate" ", On the surface, it looks like a group of harmony, but in fact the explosive barrel is only one spark away, and the team may have a big problem in the end.
Because of Yun Qiao and Zhou Ying, the atmosphere of Fang Yi's team can be much more relaxed and lively. There are many things that don't need to be talked about by everyone.
The two of them are naturally indispensable in fighting for everyone's welfare, mainly because everyone is used to it.Knowing that these two are in the team, Boss Fang must not treat everyone badly.
In fact, this is indeed the case. Many times, Fang Yi is so busy that he can't take care of the team's affairs. Quite a few, everyone felt that Boss Fang was quite humane.
"Okay, you decide the location. I just pay for it. In the future, everyone will participate in the team's dinner and where to play last year. If the food is not good or the game is not good, don't blame me." Fang Yi half-jokingly said.
Everyone is very happy, the boss is not picky, the team atmosphere is relaxed, and the most important thing is that they get a lot of money. There are not many such teams.
After the meeting, Fang Yi asked Yun Qiao to go to the bank downstairs to withdraw some cash. Thanks to the fact that only Meng Guangda and Du Yong requested the cash, otherwise they would have to go to the bank to make an appointment to withdraw cash.
Before leaving get off work the next day, Yu Wendong saw everyone laughing. He should be very satisfied with the year-end bonus. He also took time to go to the ATM at the bank downstairs and checked his bank account. The year-end bonus was 5000 yuan.
He originally thought that Boss Fang would give two to three thousand at most, after all, he came relatively late and hadn't worked for a few months, but he didn't expect Fang Yi to be so generous.
Compared with Yun Qiao, who is also a trainee lawyer, the year-end bonus of 5000 yuan is a bit shabby, but it is already a lot for Yu Wendong.
Fang Yi did this not out of pity or sympathy for Yu Wendong, but because he introduced several cases to Meng Guangda in the past two months, and the team also benefited from it. Although it was all related to his friend Dabao, it also reflected the The value of Yu Wendong, so Fang Yi felt that it was necessary to reward him.
Soon, it was time for the Guan Jiang murder case to start trial.
Two days before the trial, Du Yong met with Guan Jibao and his wife again, told them about the paper review and meeting, and told them that the defendant Guan Jiang might be sentenced to death, so that they could be mentally prepared.
After listening to Du Yong's words, Zhang Shuilan covered her face and burst into tears. Guan Jibao continued to smoke with a sad face, and his whole head was buried in the smoke.Yun Qiao, who was smoky from the cigarette, frowned, but couldn't say anything.
In fact, the couple had long thought that their son would be sentenced to death, but there was always a fluke in their hearts, hoping that a miracle would happen. After all, their husband and wife only had such a son, but they forgot that the victim's family also had only one child.
The law is cold and ruthless!
Du Yong and Yun Qiao felt uncomfortable looking at the husband and wife, but no matter how unhappy they were, they had to do their jobs, this was their profession.
The Municipal Procuratorate filed a public prosecution with the Intermediate People's Court for the crimes of intentional homicide and house robbery.Guan Jiang confessed to the facts charged in the indictment, but repeatedly argued that he did not kill intentionally, but accidentally killed because of nervousness.
Because the case is relatively simple, the defendant has no objection to the facts of the case, the evidence is sufficient, and the defender has no objection to the facts of the case, so the trial process proceeds very quickly.The focus of both parties is on conviction and sentencing.In fact, the controversy over sentencing is very small. No matter how you defend, the crime of intentional homicide cannot be escaped, and the death penalty is also a [-]% probability.
But Du Yong felt that there was still room for defense, because the charges charged by the procuratorate were inaccurate.
……
"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 expressionlessly.
"The presiding judge, the judge: the public prosecutor believes that...the defendant Guan Jiang used violence or threatened violence on the spot in order to forcibly rob property during the theft, and should be convicted of robbery in accordance with the provisions of Article 269 of the Criminal Law. crimes; those who kill people to cover up their crimes shall be convicted of intentional homicide.
According to the [-] "Reply of the Supreme People's Court on How to Convict Cases of Intentional Homicide in the Process of Robbery", "the perpetrator premeditated intentional homicide for the purpose of robbing property, or intentionally killed the victim in order to subdue the victim's resistance in the process of robbing property." Whoever murders shall be convicted and punished as the crime of robbery.After the perpetrator commits robbery, if he intentionally homicides to silence his mouth, he shall be convicted of the crime of robbery and intentional homicide, and shall be punished concurrently for several crimes. '
Therefore, the public prosecutor believes that the defendant Guan Jiang in this case constitutes the crime of robbery and intentional homicide, and should be punished for both crimes, and recommends that the defendant Guan Jiang should be sentenced to death.complete. ” said the inspector.
"The defendant, Guan Jiang, is defending himself." The presiding judge looked at Guan Jiang, who was in the dock with a frightened face.
"I didn't kill someone intentionally. I was too scared at the time. Huh... Please give me another chance, I will definitely change..." Probably hearing the prosecutor's recommendation of the death penalty, Guan Jiang collapsed immediately, tears were like a flood, Weeping so hard, my whole body trembled.
After all, he is only eighteen or nineteen years old, he has just grown up, and he will be sentenced to death before he really stepped into the society. It is normal for him not to be able to bear it.
After Guan Jiang's mood stabilized, the presiding judge looked at Du Yong: "The defendant's defender expresses his opinion."
Du Yong issued a defense opinion: "The presiding judge, the judge: the defender believes that the defendant Guan Jiang in this case committed murder to cover up his crime during the theft, so he should be convicted and sentenced for the crime of intentional homicide. The reasons are as follows:
According to the provisions of Article 269 of the "Criminal Law", in the case of committing violence during the theft and turning it into robbery, the perpetrator's subjective purpose must be to 'conceal stolen goods, resist arrest or destroy criminal evidence'.
Concealing stolen goods refers to protecting the obtained stolen goods from being restored to their proper state; resisting arrest refers to refusing to be arrested by judicial officers or seized by citizens; destroying criminal evidence refers to destroying and destroying the evidence of one's crime.
In this case, the defendant Guan Jiang and the victim lived in the same village and knew each other well; according to the evidence in the case, the victim was a child who was only ten years old and had no intention or ability to arrest the defendant.According to the defendant's confession, the reason for the murder was that he was worried that the victim would tell about his theft, with the intention of murdering him to silence him. "
There are a lot of things going on recently, and I really can't keep up, so I will update two chapters today.It will be updated in the future.
(End of this chapter)
If a team is full of honest people who can't beat a fart with three sticks, it will definitely be lifeless, and it will be difficult to be active. Everyone always has a sense of distance and it is difficult to truly integrate.
The lawyers in the team have their own little calculations. People have selfishness. This is normal. As long as they are willing to communicate and communicate, there will be no major problems. At worst, if they fail to cooperate, they will just change jobs. I am most afraid of those "honest people who do not communicate or communicate" ", On the surface, it looks like a group of harmony, but in fact the explosive barrel is only one spark away, and the team may have a big problem in the end.
Because of Yun Qiao and Zhou Ying, the atmosphere of Fang Yi's team can be much more relaxed and lively. There are many things that don't need to be talked about by everyone.
The two of them are naturally indispensable in fighting for everyone's welfare, mainly because everyone is used to it.Knowing that these two are in the team, Boss Fang must not treat everyone badly.
In fact, this is indeed the case. Many times, Fang Yi is so busy that he can't take care of the team's affairs. Quite a few, everyone felt that Boss Fang was quite humane.
"Okay, you decide the location. I just pay for it. In the future, everyone will participate in the team's dinner and where to play last year. If the food is not good or the game is not good, don't blame me." Fang Yi half-jokingly said.
Everyone is very happy, the boss is not picky, the team atmosphere is relaxed, and the most important thing is that they get a lot of money. There are not many such teams.
After the meeting, Fang Yi asked Yun Qiao to go to the bank downstairs to withdraw some cash. Thanks to the fact that only Meng Guangda and Du Yong requested the cash, otherwise they would have to go to the bank to make an appointment to withdraw cash.
Before leaving get off work the next day, Yu Wendong saw everyone laughing. He should be very satisfied with the year-end bonus. He also took time to go to the ATM at the bank downstairs and checked his bank account. The year-end bonus was 5000 yuan.
He originally thought that Boss Fang would give two to three thousand at most, after all, he came relatively late and hadn't worked for a few months, but he didn't expect Fang Yi to be so generous.
Compared with Yun Qiao, who is also a trainee lawyer, the year-end bonus of 5000 yuan is a bit shabby, but it is already a lot for Yu Wendong.
Fang Yi did this not out of pity or sympathy for Yu Wendong, but because he introduced several cases to Meng Guangda in the past two months, and the team also benefited from it. Although it was all related to his friend Dabao, it also reflected the The value of Yu Wendong, so Fang Yi felt that it was necessary to reward him.
Soon, it was time for the Guan Jiang murder case to start trial.
Two days before the trial, Du Yong met with Guan Jibao and his wife again, told them about the paper review and meeting, and told them that the defendant Guan Jiang might be sentenced to death, so that they could be mentally prepared.
After listening to Du Yong's words, Zhang Shuilan covered her face and burst into tears. Guan Jibao continued to smoke with a sad face, and his whole head was buried in the smoke.Yun Qiao, who was smoky from the cigarette, frowned, but couldn't say anything.
In fact, the couple had long thought that their son would be sentenced to death, but there was always a fluke in their hearts, hoping that a miracle would happen. After all, their husband and wife only had such a son, but they forgot that the victim's family also had only one child.
The law is cold and ruthless!
Du Yong and Yun Qiao felt uncomfortable looking at the husband and wife, but no matter how unhappy they were, they had to do their jobs, this was their profession.
The Municipal Procuratorate filed a public prosecution with the Intermediate People's Court for the crimes of intentional homicide and house robbery.Guan Jiang confessed to the facts charged in the indictment, but repeatedly argued that he did not kill intentionally, but accidentally killed because of nervousness.
Because the case is relatively simple, the defendant has no objection to the facts of the case, the evidence is sufficient, and the defender has no objection to the facts of the case, so the trial process proceeds very quickly.The focus of both parties is on conviction and sentencing.In fact, the controversy over sentencing is very small. No matter how you defend, the crime of intentional homicide cannot be escaped, and the death penalty is also a [-]% probability.
But Du Yong felt that there was still room for defense, because the charges charged by the procuratorate were inaccurate.
……
"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 expressionlessly.
"The presiding judge, the judge: the public prosecutor believes that...the defendant Guan Jiang used violence or threatened violence on the spot in order to forcibly rob property during the theft, and should be convicted of robbery in accordance with the provisions of Article 269 of the Criminal Law. crimes; those who kill people to cover up their crimes shall be convicted of intentional homicide.
According to the [-] "Reply of the Supreme People's Court on How to Convict Cases of Intentional Homicide in the Process of Robbery", "the perpetrator premeditated intentional homicide for the purpose of robbing property, or intentionally killed the victim in order to subdue the victim's resistance in the process of robbing property." Whoever murders shall be convicted and punished as the crime of robbery.After the perpetrator commits robbery, if he intentionally homicides to silence his mouth, he shall be convicted of the crime of robbery and intentional homicide, and shall be punished concurrently for several crimes. '
Therefore, the public prosecutor believes that the defendant Guan Jiang in this case constitutes the crime of robbery and intentional homicide, and should be punished for both crimes, and recommends that the defendant Guan Jiang should be sentenced to death.complete. ” said the inspector.
"The defendant, Guan Jiang, is defending himself." The presiding judge looked at Guan Jiang, who was in the dock with a frightened face.
"I didn't kill someone intentionally. I was too scared at the time. Huh... Please give me another chance, I will definitely change..." Probably hearing the prosecutor's recommendation of the death penalty, Guan Jiang collapsed immediately, tears were like a flood, Weeping so hard, my whole body trembled.
After all, he is only eighteen or nineteen years old, he has just grown up, and he will be sentenced to death before he really stepped into the society. It is normal for him not to be able to bear it.
After Guan Jiang's mood stabilized, the presiding judge looked at Du Yong: "The defendant's defender expresses his opinion."
Du Yong issued a defense opinion: "The presiding judge, the judge: the defender believes that the defendant Guan Jiang in this case committed murder to cover up his crime during the theft, so he should be convicted and sentenced for the crime of intentional homicide. The reasons are as follows:
According to the provisions of Article 269 of the "Criminal Law", in the case of committing violence during the theft and turning it into robbery, the perpetrator's subjective purpose must be to 'conceal stolen goods, resist arrest or destroy criminal evidence'.
Concealing stolen goods refers to protecting the obtained stolen goods from being restored to their proper state; resisting arrest refers to refusing to be arrested by judicial officers or seized by citizens; destroying criminal evidence refers to destroying and destroying the evidence of one's crime.
In this case, the defendant Guan Jiang and the victim lived in the same village and knew each other well; according to the evidence in the case, the victim was a child who was only ten years old and had no intention or ability to arrest the defendant.According to the defendant's confession, the reason for the murder was that he was worried that the victim would tell about his theft, with the intention of murdering him to silence him. "
There are a lot of things going on recently, and I really can't keep up, so I will update two chapters today.It will be updated in the future.
(End of this chapter)
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