Lawyer

Zhou Ying looked at her and shook her head constantly: "I can only make a defense of minor crimes, but I cannot defend you of innocence. I personally think that this defense is in your best interest."

Jiang Chunzhi's mother shed tears after listening to Zhou Ying's words: "Chunzhi, it's my mother who is sorry for you. If I had let you continue studying...but our family is poor and cannot afford you and your brother..."

"Mom, it's all in the past. I don't blame anyone. It's all my own fault. I went the wrong way." Jiang Chunzhi turned to look at his mother, eyes full of sadness, and handed a tissue to mother.

"Lawyer Zhou, how many years will I be sentenced to?" Jiang Chunzhi's mood was fairly stable, and she didn't collapse. It seemed that she had been mentally prepared.

"It's hard to say now, I will try to get a reprieve for you." Zhou Jing said calmly.

"Thank you, thank you Lawyer Zhou." After Jiang Chunzhi finished speaking, he helped his mother and left the law firm.

Zhou Ying knew a little about Jiang Chunzhi's past. Before she went to see Jiang Chunzhi in the detention center, her mother had told Zhou Ying that Jiang Chunzhi was doing well in studies at that time and could be ranked among the top three in the whole grade, but the family's financial conditions were too poor. Relying on Jiang Chunzhi's father to do odd jobs to earn money, he couldn't afford the tuition fees for her and her younger brother.

When she was in the second year of junior high school, her father burned all her books and refused to let her go to school. She once knelt down and begged her father, but her father squatted at the door smoking a cigarette without saying a word, and her mother only wiped her tears .

The head teacher knew that after Jiang Chunzhi dropped out of school, he came to find her specially, wanting to work for her parents, but at that time Jiang Chunzhi had already carried simple luggage and followed the villagers to work in the southern factory.

With no education and young age, coupled with the exploitation and oppression of the boss, he did not earn much money from working part-time for two years. Instead, he caused a lot of trouble because of his outstanding appearance.She later left the factory.

No one knew what she had experienced. When she returned to her hometown, she was no longer as simple as before, but more of a dusty atmosphere.

Until she was arrested, rumors about her quickly swept through the surrounding villages and towns like a tornado, as if everyone knew overnight that Lao Jiang's family had a corrupt daughter.Her parents were afraid to go out and could not hold their heads up.

The younger brother who went to college in other provinces and received his sister's living expenses on time every month, after hearing about her sister's incident, he seemed to have evaporated suddenly, and never called her again, and even when he was released on bail, he did not come back to see her. pass her.

Maybe Jiang Chunzhi had thought about today, or her heart had been numb long ago, she thought about it, her mood didn't fluctuate too much, her eyes were so empty, as if the world had long since lost what it deserved. There are colors.

Over the years, she has helped her parents support a college student, and this is the only thing she feels gratified about.

Zhou Ying watched the elevator doors slowly close, feeling a little downcast. Money in this world will flow to those who are not short of money, and love in this world will also flow to those who are never short of love, and those who really need money and love People who love are always chasing, no matter how much effort and love they put in, it will never be enough.

……

I don't know if it was God's will or a coincidence, Fang Yi's Ma Liangyou's embezzlement case and Meng Guangda's Gao Peili's intentional homicide case were held on the same day.

Ma Liangyou's embezzlement case is a private prosecution case, so there is no public prosecutor opposite the defense bench, but the private prosecutor Boss Liu.Before the trial, Ma Liangyou went to see Boss Liu twice, but Boss Liu didn't see him at all, and asked someone to tell him what happened to the court.

I don't know if it's because I feel sorry for the money, or because I feel that I have a sure chance of winning. Boss Liu is the only one on the private prosecutor's seat, and he didn't hire a lawyer.

"The court investigation is now underway. Please ask the private prosecutor Liu Changshui (Boss Liu) to read out the indictment." The presiding judge looked at Boss Liu.

Boss Liu read the indictment, and what he said was similar to what Fang Yi learned before.Boss Liu accused the defendant Ma Liangyou of embezzlement.

"Defendant Ma Liangyou, did you hear clearly the indictment read out by the private prosecutor just now? What crime is charged against you? Do you have any objection to the criminal facts charged in the indictment?" The presiding judge looked at Ma Liang who was sitting in the dock friend.

"I have an objection. I did not embezzle his property. After the stainless steel putty knife in the warehouse was stolen, I have explained the situation to Liu Changshui, and I am willing to compensate him for the loss, but he does not agree..." Ma Liangyou defended road.

……

The facts of this case were recognized by both parties, and the focus of the dispute was on qualitative issues, so the previous procedures went relatively smoothly.

"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.

The plaintiff spoke. " said the presiding judge.

"I stick to my previous opinion and ask the court to judge the defendant for the crime of embezzlement according to the law." Liu Changshui didn't know what to say. When he consulted a lawyer before, because he was reluctant to spend money, the lawyer didn't tell him too much, and only drafted a sentence for him. A criminal complaint.

"The defendant defends himself." The presiding judge felt that the private prosecutor and the defendant did not have much legal knowledge, so they would not be able to say much, and it was a waste of time to talk about it, let alone expect them to say much. Professional defense opinion.

"I don't think I constituted a crime. I didn't take his goods and refused to give them to him. The goods in the warehouse were stolen. At first I really didn't know that my son did it. I said to lose money, but he didn't agree..." Ma Liang Friend expresses defense opinion.

"The defendant's defender made his defense opinion." After the presiding judge finished speaking, he began to tidy up the case file on the table.

"The presiding judge and the judges: the defender believes that although the defendant Ma Liangyou has the subject status of 'keeping other people's property on his behalf', he does not have the circumstances of 'refusal to return', and Ma Liangyou's behavior does not constitute the crime of embezzlement. The specific reasons are as follows:
The first paragraph of Article 2 of the "Criminal Law" stipulates that illegally taking other people's property in custody on behalf of others, and the amount is relatively large, and refuses to return it is a crime of embezzlement.

According to the above provisions, keeping other people's property on behalf of others and refusing to return it are two important conditions for constituting the crime of embezzlement.

Constituting the crime of embezzlement requires the perpetrator to keep the property of others on behalf of others.

The custodian relationship in this case arises from the processing contract, that is, the contract in which the contractor completes the work and delivers the results according to the client's requirements, and the client pays remuneration.

There are two types of contracts: the first is that the raw materials for processing are selected by the undertaker; the second is provided by the orderer.

In the first case, the orderer is not responsible for providing raw materials, the contractor pays for the purchase of materials in advance, and has ownership of the materials he chooses. As a person, there is no crime of embezzlement, but only a civil breach of contract.

In the second case, the ordering party provides the raw materials, and the transfer of ownership does not occur after the raw materials are delivered to the contractor, and the contractor only has the right to use the raw materials according to the purpose of the contract.

In this case, the contractor is obliged to return the work results processed using the raw materials. At this time, the raw materials are in the state of custody on behalf of the contractor, and the refusal to return them is regarded as embezzlement.

In this case, there was a processing contract between the private prosecutor Liu Changshui and the defendant Ma Liangyou, and the contents of the contract belonged to the second mode of contracting mentioned above.From a formal point of view, it meets the conditions of entrusted custody for the crime of embezzlement.

However, looking at the whole case comprehensively, the defendant Ma Liangyou did not have the circumstances of 'refusal to refund'.

Determining that the actor "refuses to return" requires that the actor does not want to return it subjectively, but expresses his intention not to return it objectively with practical actions.

If the actor expresses willingness to compensate the owner of the property for economic losses after actually disposing of the property of others in the form of selling, donating, using, etc., it does not constitute a 'refusal to return'.

Because in most cases, the value of property can be reflected in currency, and when the original property cannot be returned, if the perpetrator is willing to use currency or other types of property to compensate, it shows that he has no intention of illegal possession and should not be considered a crime of embezzlement.

In this case, after the private prosecutor reported the case, the public security organ recovered the stainless steel putty knives from the purchaser of the batch of stainless steel putty knives according to the statement of the defendant Ma Liangyou, and returned them to the private prosecutor. If the goods are returned and he refuses to return them.

On the contrary, after the case happened, the defendant expressed his willingness to pay equivalent compensation from the beginning, but was rejected by the private prosecutor.

Since the stainless steel putty knife is a kind of thing, the purpose of the private prosecutor entrusting the defendant to process it is also to sell it for profit. The defendant can fully compensate the private prosecutor's economic losses in the form of currency. Therefore, although the private prosecutor refuses to accept the compensation, it cannot be denied that the defendant People have the willingness and ability to make compensation.

Accordingly, the behavior of the defendant Ma Liangyou did not meet the requirement of 'refusal to return' required by the crime of embezzlement, and his behavior did not constitute the crime of embezzlement.Ask the court to adjudicate the defendant not guilty according to law. "Fang Yi issued a defense opinion.

……

While Fang Yi was expressing his defense, Meng Guangda was also impassionedly expressing his defense for Gao Peili.

"The presiding judge and the judge: the defender has no objection to the prosecutor's accusation of the defendant's crime of intentional homicide, but the defender believes that the defendant is justifiable and suggests that the court should give a lighter punishment. The specific reasons are as follows:
232. The defendant's murder of her husband due to long-term abuse and domestic violence should be deemed as a "minor circumstance" as stipulated in Article [-] of the Criminal Law.

1. Although the method used by the defendant to torture and kill her husband was relatively cruel and resulted in the death of the victim, this was due to the defendant’s long-term domestic violence and abuse by her husband.

The defender believes that the behavior of the defendant is psychologically the manifestation of the 'Battered Woman Syndrome'. 'Battered woman syndrome' is generally used to refer to a special behavior pattern shown by women who have been violently abused by their husbands or boyfriends for a long time. This psychological symptom is composed of two concepts of violence cycle and acquired helplessness.

The cyclical cycle of violence allows women to foresee when and how severe the next round of violence will occur, in a constant state of panic.

Suffering from violence and panic for a long time makes women gradually paralyzed psychologically, becoming more and more passive, more submissive, and more and more helpless.

This kind of mental restraint has accumulated to a certain extent, and once it breaks out, it is easy to go to extremes, lose reason and lose control.Due to the limitation of the battered woman's own ability to resist and the fear of the violent husband, the time of out-of-control killing of her husband is often not when the unlawful infringement is in progress, so this kind of killing of her husband cannot be mitigated or exempted from punishment on the grounds of self-defense. But the defendant's behavior was caused by the victim's serious fault.

In view of the fact that the victim of this kind of situation, that is, the perpetrator of domestic violence, has a major fault in the cause of the case, in previous cases, the act of killing a husband due to long-term abuse is generally regarded as a "less serious" circumstance in the crime of intentional homicide (Defenders have filed relevant criminal cases).

2. When sentencing women who kill their husbands due to long-term abuse and domestic violence, they should be dealt with as "lighter circumstances", which can achieve better social effects and have positive significance in curbing the breeding and spread of domestic violence.

Judging from the current situation, the currently effective laws and regulations on the prevention of domestic violence are not very operable. The scale and basis of punishment are difficult to grasp.

In recent years, due to the imperfect rules and regulations, the perpetrators of domestic violence have become more unscrupulous, and domestic violence has intensified.

Determining the act of torture and killing a husband as a relatively minor crime will inevitably restrain the perpetrators of domestic violence and play a good role in social guidance.

In addition, the murder of the victim by torture in this case was a highly targeted homicide. The possibility of the perpetrator committing the same crime again is very small. A battered woman like the defendant who has little personal danger will do more harm than good to the country, society and their children, and may also bring about more serious socially oriented problems.

Therefore, the defender believes that identifying the killing of a husband due to long-term abuse and domestic violence as a "lighter circumstance" stipulated in Article 232 of the "Criminal Law" is in line with the criminal policy of combining leniency with severity, and conforms to the "lightening" and "humanization" of punishment development trend.

In this case, the defendant Gao Peili and the victim Bai Kejun were married for more than seven years. The victim often beat, scolded and abused the defendant for no reason.

On the day of the crime, after a long time of beating and scolding, the defendant's long-term grievances broke out, and he killed her husband, and then surrendered to the public security organ.

According to the evidence in the case, the local women's federation submitted an application report requesting a lighter sentence for the defendant Gao Peili, and the local government issued a petition signed by more than 700 people demanding a lighter punishment for the defendant Gao Peili.All this represents the will of the people.The law is not only ruthless, but also should play a guiding role in society.

This case is a very typical case of killing her husband caused by long-term abuse and domestic violence. The victim had a major fault in the cause of the case. The defendant received sympathy from the public. The defendant Gao Peili’s killing of her husband should be determined as stipulated in Article 232 of the Criminal Law. 'lighter episodes'. After Meng Guangda delivered the first point of his defense, he cleared his throat and paused. He wanted the judge and the audience to digest it.

It is really difficult to separate, so we can only merge a large chapter.There will be another chapter later.Please wait.