Lawyer's character

"Back then, I handled a case. The victim was a blind boy over three years old who suffered from congenital heart disease. His father took him to the river and ran away secretly. As a result, the blind boy fell into the river and drowned while groping. He died, and when he fell into the river, his father stood on the shore not far away and watched...

The defendant told me that at that time he saw the child struggling in the river and heard the child shouting, ‘Dad, help! ’, my heart is broken like shards of glass.

He bit off a piece of flesh from his lip and shed tears, but he still didn't move. He had borrowed all the money he could and there was nothing he could do. "Meng Guangda took a deep breath of the cigarette, then put it out in the glass ashtray, and calmed down his emotions.

"Legally speaking, he should have subjectively foreseen the possibility of the blind child falling into the river and drowning, but he ignored it. It can be concluded that he subjectively had the intention to let the blind child die or even pursue it. In the end, the court in that case was Convicted of intentional homicide.

In summary, the key point in distinguishing the crime of abandonment from the crime of intentional homicide by abandonment lies in whether the defendant considered and gave the victim the opportunity to obtain rescue when committing the act of abandonment. If so, he can be convicted of abandonment; otherwise, he should be convicted of intentional homicide.

In this case, the defendants Chi Yunfa and Qi Renxia learned that their newborn daughters were seriously ill. Instead of treating them, they cruelly abandoned them. First, they abandoned them in a field near the hospital. They were worried that passers-by would find and rescue them. The daughter took her to the mountains and abandoned her. It can be seen that the second defendant’s subjective intention of not wanting his daughter to be rescued and hoping for her death is very obvious.

Therefore, I think this case should be classified as intentional homicide. Since the second defendant’s daughter was discovered and rescued by the masses in time, the second defendant committed an attempted murder and may be given a lighter or reduced punishment compared to the completed offender.

If after being brought to justice, the two defendants have a good attitude towards pleading guilty and show remorse, the court can reduce the punishment of the two defendants in accordance with the law. "Meng Guangda said it very carefully.

Geng Zhen listened and took notes. Lawyers from other teams would not analyze the case so thoroughly. They would always ignore matters that had nothing to do with themselves. Even if they discussed the case, they would only say a few words lightly. No one wanted to waste so much time. Discuss other people's cases with brain cells.

The reason why Meng Guangda did this was because Fang Yi had done this before, and he also asked for it when discussing the case at the regular meeting on Friday. Later, the lawyers in the team naturally followed his example, and gradually the lawyers formed a habit.

This habit in the team is very beneficial to the growth of young lawyers, which is why the professional capabilities of the lawyers in Fang Yi's team are so strong. This is all formed subconsciously.

"Yes, I understand. Thank you, Lawyer Meng." Geng Zhen recalled Meng Guangda's explanation just now.

"If you don't mind, just call me Brother Da. Everyone calls me that. We are all on the same team. It seems more natural to call me Lawyer Meng." Meng Guangda said with a smile.

…

On Wednesday, Fang Yi was busy reading the newly issued documents in the office when Song Hui walked in with a smile on his face.

"Lawyer Fang, the Supreme Court has concluded the case we discussed last time about endangering public safety in dangerous ways." Song Hui shook the EMS express in his hand.

"Oh?! How was it judged?" Fang Yi looked at him curiously, wanting to verify whether the results of the team discussion were correct.

“The Supreme Court accepted our defense opinion. In view of the fact that the defendant Gong Da committed a criminal act for the purpose of committing suicide, which was subjectively indirect and intentional, and based on the specific circumstances of the case, the Supreme Court believed that Gong Da could be executed immediately without the death penalty.

Finally, the Supreme Court ruled against approval and revoked the Provincial High Court's first-instance criminal ruling that upheld the death penalty and deprivation of political rights for life for defendant Gong Da for the crime of endangering public security by dangerous means, and sent it back to the Provincial High Court for a new trial. "With that said, Song Hui handed the ruling to Fang Yi.

He did not say that the Supreme Court adopted "his" defense opinion, but said that it adopted "our" defense opinion because this case was a defense opinion that was collectively discussed and formulated by the team. It was not the credit of him, Lao Song, alone. This also shows that Lao Song is very loyal.

"Well, show the ruling to everyone, especially the new lawyers, to make everyone happy." Fang Yi's purpose for doing this is very clear, which is to let the new lawyers add more value to the team. Confidence, trust in the team, and pride in the team.

"Okay, I've already called the defendant's family, and they agreed to continue entrusting us to handle this case." Song Hui was very excited. He was not happy because he had earned legal fees, but he was happy because he had survived a desperate situation.

"Well, if this case is remanded for retrial, basically the defendant will not die, but the court will not give a light sentence. It is estimated that the death penalty may be suspended." Fang Yi thought for a while.

"The parties concerned will come to the office to sign the commission in the afternoon, and I will make it clear to them." Song Hui replied.

As expected by Fang Yi, a month later, the Provincial High Court reheard and sentenced the defendant Gong Da to death for the crime of endangering public safety by dangerous means, with a two-year suspended execution and deprived of political rights for life. At this point, the case that had been going on for more than a year was finally concluded.

Because this case had a certain degree of popularity on the Internet, after the verdict, Song Hui's name also came into public view. Netizens with good intentions began to dig up Song Hui's background, and everyone saw the shadow of Fang Yi's team again. The public suddenly felt as if all the major criminal cases in this province had been contracted by Fang Yi's team!

Sidley Law Firm will definitely not come forward to explain, and Fang Yi’s team will not come forward to explain. Let everyone go their own way and let everyone talk. Anyway, it is not harmful to you. This misunderstanding is good!

…

In the evening, outside the barbecue restaurant, Dabao was wearing a newly bought down jacket, moving his body like a gas tank, and walked quickly towards the door of the barbecue restaurant.

Just as he was about to enter, his cell phone rang.

"Third brother, what's the matter?" Dabao asked, standing outside the barbecue restaurant, holding up his cell phone.

"Dabao, I remember you and I were on good terms. There is a buddy who works as a lawyer at Sidley Austin Law Firm. His name is Yu Wendong. Is it true?" A man's voice came from the mobile phone.

"Yes, this can still be false. I cooperate with Fang Yi's team at Sidley Austin Law Firm, where my brother Yu Wendong is a lawyer.

Third brother, do you want to introduce the case to me? "Dabao's tone was filled with heroism.

"Help me invite Brother You over. I have something urgent to consult with him, so I must hurry." The other party's tone was rather urgent.

"Why is it so urgent? Third brother, it's not that brothers are unjust, this night... you have to pay to consult a lawyer." Dabao has the potential to be a businessman.

"How much?" the other party asked impatiently.