Lawyer

Yun Qiao was silent, it was the first time that she felt the lawyer's insignificance and powerlessness.

It may be because she has been by Fang Yi's side all the time, and through Fang Yi's light, she has enjoyed too much joy of success. Deep down in her heart, she has taken the reputation of a lawyer for granted.To put it bluntly, I feel a little floating, and this feeling of floating does not come from myself, but from Master.

But today Fang Yi's words made her heart that had already floated up into the sky like a kite, it was pulled suddenly, the wind died down, and it was drifting down.

Fang Yi saw her disappointment and didn't want to hit her again. He smiled and said, "But even so, lawyers are useful, but the role is a little less, and they are not as tall as outsiders think. Make money and live a good life. Don't listen to those false words and believe less."

Yun Qiao nodded vigorously.

Soon after, Yan Lingmin's case started.

The auditorium of the Eighth Tribunal of the Intermediate People's Court was full of people, including Yan Lingmin's husband, Qiu Naijun, his family and friends.

……

"Defendant Yan Lingmin, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the charges and criminal facts charged in the indictment?" The presiding judge looked at Yan Lingmin who was sitting in the dock below.

Because of the great repercussions of this case in the society, the criminal court appointed a vice president as the presiding judge, and the other two judges were also experienced old judges.

"I plead guilty, I plead guilty." Yan Lingmin in the dock wiped her tears in apprehension, and it could be seen that she was trying her best to control herself and cooperate with the court investigation.

"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge was ruthless.

"Defendant Yan Lingmin, what is the relationship between the victim Qiu Yu and you?" asked the female prosecutor.

"She is my daughter, and I am her mother." Yan Lingmin replied with a painful face.

"According to the autopsy report, the victim had scars from the beating on multiple parts of his body. Do you know what happened?" asked the female prosecutor.

"I know, I hit her. On the night of the incident and the day before, I got angry and hit her because she didn't study hard. I didn't mean it. I wanted her to study hard and get ahead. I didn't expect this to happen..., yes I did it, I did it all, I was wrong..." Yan Lingmin became emotional, covered her face with her hands, bent down and cried in pain.

The presiding judge looked at the defendant, and after a while: "Defendant, calm down, the thing has happened, we know you regret it, but since you did it, you have to bear the corresponding consequences..."

Yan Lingmin cried for a while, she had almost vented her emotions, and slowly calmed down, she kept nodding after hearing the presiding judge's words, still sobbing.

……

"Does the defendant's defender need to ask the defendant questions?" Seeing that the defendant Yan Lingmin's mood had stabilized, the presiding judge asked the defense seat.

"I need to ask a question." Fang Yi finished speaking and looked towards the dock: "Defendant Yan Lingmin, why did you beat the victim?"

"My daughter Qiu Yu doesn't study well. She can't pronounce correctly in English, and she can't do math problems correctly. I got angry, so I beat her.

After finishing the fight, I also regret it, but I don't want my child to fall behind, I don't want her to lose at the starting line, and blame me for not being able to enter university in the future, I have no education, so I can only enroll her in extracurricular classes, I shouldn't force my child..." Yan Lingmin cried again, choked up and replied.

"On the night of the incident, what did you do after the child became ill?" Fang Yi asked.

"At first I thought she just had a cold, so I gave her some medicine. Later, at around five o'clock in the morning, I found that she was staring. There was nothing wrong with her, so I called the Yao [-] emergency number, but... but who knows, it was still too late. One step, the child is gone..." Yan Lingmin cried even harder.

Because both the defendant and the defender agreed with the evidence submitted by the prosecutor, the process of producing evidence and cross-examination went very quickly.

……

"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 the judges: The public prosecutor believes that...the defendant Yan Lingmin intentionally and illegally injured the victim Qiu Yu's body, causing her death, and his behavior constituted the crime of intentional injury.

The facts of this case are clear and the evidence is sufficient. The defendant intentionally injured her own daughter and caused her death. In view of the fact that she voluntarily surrendered after the incident and surrendered herself, we recommend that the defendant be sentenced to death with a two-year reprieve. "The female prosecutor spoke.

The female prosecutor was also very conflicted, because her children were not doing well at school. When she was angry, she had beaten the children and felt that iron could not be steel, but the general environment was like this. The school There are too few things taught, and children can't keep up without extra-curricular remedial classes. Even the school teachers encourage parents to take extra-curricular remedial classes.

She doesn't know whether the teacher has an interest relationship with the extra-curricular tutoring class, but if this continues, the pressure on the parents will increase and become more and more tiring. The request from the higher authorities to reduce the burden on the school will not solve the parents' internal involvement, but will make the parents more involved.

The female prosecutor understands the defendant's feelings about her daughter's study as a mother. Sometimes she can't wait to put her own child back. It's too tiring to have a child and raise a child!But as a prosecutor, a prosecutor, she can't help herself.

……

"The defender made his defense opinion," said the presiding judge.

"The presiding judge and the judge: the defender has no objection to the defendant's crimes charged by the public prosecutor, but the defender believes that the defendant beat the victim out of good intentions to educate his children, and the defendant has always confessed that the beating of the victim was to let him learn well. , Promising, fight for yourself.

This case occurred because the defendant was impulsive in the process of raising the child, used violence on the spot, and accidentally beat the child to death. After that, the defendant voluntarily surrendered to the public security organ, which has the statutory circumstance of mitigating punishment.

In view of the particularity of this case, the defender suggested that the defendant be sentenced to five years in prison.complete. "Fang Yi issued a defense opinion.

"The public prosecutor can respond to the defences of the defenders," the presiding judge said.

"Okay, regarding the defender's defense, the public prosecutor believes that it is precisely because of the special status relationship between the defendant and the victim that the victim, a primary school student, died tragically at the hands of his biological mother.

As the saying goes, the poison of a tiger does not eat its eggs, but the defendant's cruel crime methods are shocking and devoid of conscience, so the public prosecutor believes that the defendant should be severely punished.However, in view of the fact that he surrendered himself, it is recommended that he be sentenced to death with a reprieve.complete. "The female prosecutor's response was short, without lengthy speeches, citing legal provisions. This is a bit different from her previous style.

"The defense responds to the public prosecutor's comments," said the presiding judge.

"Based on the Prosecutor's Defense Opinion and Responses, the Defense Counsel issued the following Defense Opinion:

The defender believes that it is precisely because of the special relationship between the defendant and the victim, as well as the fact that the defendant surrendered himself, that the defendant should be given a lighter punishment for the following reasons:

First, the defendant has the following statutory, discretionary, and mitigated punishment circumstances:
1. If the defendant surrendered himself, he may be given a lighter or mitigated punishment according to law.

2. There is a legal causal relationship between the defendant's injurious behavior and the consequences of the death of the victim, Qiu Yu, but there are other intervening factors that caused the death.

On the night of the incident, Qiu Yu suffered extensive subcutaneous bleeding after being beaten, as well as symptoms of fatigue and lethargy. As a mother, the defendant bathed Qiu Yu in hot water out of love, but it was precisely this love that lacked medical common sense The behavior caused Qiu Yu to increase the amount of subcutaneous bleeding, accelerate the bleeding speed, and spread the bleeding area, which became a factor for the exacerbation of Qiu Yu's condition.

Later, while sleeping, when Qiu Yu showed dangerous signs such as high fever and shortness of breath, the defendant mistakenly believed that the victim had caught a cold, and lost the best opportunity to treat Qiu Yu.

Although the above-mentioned factors cannot prevent the establishment of causality, the defender believes that there is a certain impact on the death of the victim, and the collegial panel is requested to give due consideration when sentencing.

3. When Qiu Yu was critically ill, the defendant not only rescued himself, but also dialed the emergency number for help, which proves that the defendant did not actively pursue the death of the victim subjectively, but also carried out rescue actions objectively, and fulfilled his duty of rescue. Please The collegial panel gave the defendant a lighter punishment.

4. The injuring tool in this case is not a general instrument capable of causing casualties in one blow, and the blows mainly hit Qiu Yu's buttocks, back, limbs and other non-vital parts of the human body.It can be seen that the defendant was relatively restrained in choosing criminal tools and striking parts.

5. The defendant punished Qiu Yu in order to encourage his daughter Qiu Yu to learn knowledge well and show affection for her son. His criminal behavior contained an element of eagerness to teach her son. Although the method was inappropriate and the punishment was too heavy, subjectively it was still for the education of the child It is just too hasty, and the criminal motive is relatively good, reflecting that its subjective malignity is relatively light.

6. This case occurred between family members, and the criminal object is special. Compared with other serious violent crimes in the society, the social harm is relatively light.

7. After being brought to justice, the defendant truthfully confessed his crimes, had a good attitude of pleading guilty, and showed remorse.

Second, considering the social effect, the defendant should be sentenced to a relatively light punishment.The reason is that:
1. This case is a special case. The defender believes that the sentencing of the defendant should not only reflect the basic principle of adapting the punishment to the crime, but also take into account the trauma and pain caused by the family disaster caused by the defendant himself.

As the biological mother of the victim, the defendant himself is also a victim. They may bear a heavy psychological burden throughout their lives, unable to face their beloved daughter, husband, parents and relatives, and unable to forgive their behavior.

For the defendant, this kind of self-blame, self-reproach, self-repentance and introspection that comes from the heart and accompanies his life is enough to achieve or even exceed the punishment and educational effects of criminal punishment.

2. This case is not only a family tragedy for the defendant, but also a social tragedy.

Defenders believed that the traditional concept of feudal paternalism that "beating is equal to scolding is love" and "a dutiful son is born under the stick" has always existed in the minds of many parents, which is also the ideological root of the defendant's crime.

"Hope their children will become dragons, and their daughters will become phoenixes", the vast majority of parents generally sacrifice their children's health and happiness to satisfy their own vanity. This distorted value is the real culprit that ruins Qiu Yu's young life; Exam-oriented education The social cause of this tragedy is the mutual comparison and cruel competition in education and employment.

The defender does not deny that there is a causal relationship between the defendant's beating and the victim's death, but from another perspective, the defendant is also a victim, and the real culprit that caused this family tragedy was the above-mentioned social factors.

To sum up, the defender urges the collegial panel to reduce the punishment of the defendant within the statutory penalty range in order to embody the functions of education, reformation and salvation, highlight the majesty of the law and humanistic care, and realize the organic unity of legal effects and social effects.complete. "

After Meng Guangda finished his response, he looked at Fang Yi and asked him if he wanted to add more. Fang Yi shook his head slightly.Fang Yi felt that Meng Guangda's response was very good and there was no need to add anything.

That's right, before the trial today, Fang Yi and Meng Guangda had a division of labor. The previous work was handed over to Fang Yi. When the defender responded, it was Meng Guangda who spoke and Fang Yi stood up.

Meng Guangda's speech was the result of several revisions by the two of them. The language was too sharp and Fang Yi was afraid of being offended by the relevant departments, while the language was too soft and ineffective. Meng Guangda's speech was the final draft after several revisions.

After all, Fang Yi's reputation and professional ability are the basis for the case entrusted by the parties. If Meng Guangda speaks too many times, the parties may be dissatisfied with the suspicion that they are overpowering the parties.

The presiding judge continued to go through the procedure. Fang Yi gave Meng Guangda an approving look, and it seemed that Lao Meng could take the lead.

Today, Cao Yongzheng and Yun Qiao also came to the court hearing and sat in the auditorium. They wanted to hear how Boss Fang and Meng Guangda defended.

After listening to Meng Guangda's response, Cao Yongzheng secretly sighed, if he could become famous, his level is indeed higher than his own, so he can't accept it.Meng Guangda's rising fame made him see hope, and also let him see Fang Yi's pattern.I feel like I made the right move this time.In Fang Yi's team, gold will shine sooner or later, and Fang Boss will give everyone the opportunity and will not cling to it.

……

After the trial, the presiding judge read out the verdict in court.

The Intermediate People's Court held that the defendant, Yan Lingmin, intentionally and illegally injured another person's body, resulting in the death of one person, and his behavior constituted the crime of intentional injury.The fact that the procuratorate accused the defendant Yan Lingmin of committing a crime is clear, the evidence is indeed sufficient, and the charge was established.

The defendant, Yan Lingmin, came to the case on her own initiative and confessed her crime truthfully, so she surrendered herself.In accordance with the provisions of the second paragraph of Article 234 and the first paragraph of Article 60 of No. [-] of the "Criminal Law", the judgment: 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, the defendant Yan Lingmin did not lodge an appeal, nor did the public prosecution organ protest, and the judgment became legally effective.

After the verdict was pronounced, when the defendant Yan Lingmin was taken out of the court by the judicial police, Qiu Naijun in the auditorium had tears in his eyes, his lips trembling for a long time and he did not speak.

Six years, within the scope of Fang Yi's previously estimated sentence, Qiu Naijun could accept it.It is said that after leaving the court, Qiu Naijun suffered from a serious illness, and he stayed in the hospital for more than half a month before he got better. However, his spirit has not been very good. The doctor said that it was caused by excessive grief and he needs to rest. Maybe it will be better after a long time. (end of this chapter)