Lawyer's character

Shortly after Cao Yongzheng left the house, the little girl at the front desk sent Fang Yi an EMS package from the Supreme Court.

Fang Yi opened it and saw that it was the result of the Supreme Court's death penalty review of Zhong Weican's trafficking case.

Upon review, the Supreme People's Court held that Lawyer Zhao Jia (Defender in the First and Second Instances of Zhong Weican's Case - Lawyer Zhao) was entrusted by two criminal suspects Luo Shu and Zhong Weican in the investigation stage of this case to provide legal assistance and provide legal assistance in the first and second instances. Stage continued to serve as defendant Zhong Weican's defender, which violated the legal procedures and may affect a fair trial.

In accordance with Article 199 of the Criminal Procedure Law and Article 5 of the Provisions of the Supreme People's Court on Certain Issues Concerning the Review of Death Penalty Cases, the ruling is as follows:

1. Disapproval of the Provincial Higher People's Court's decision to uphold the first-instance criminal ruling that the defendant Zhong Weican was sentenced to death for selling and transporting exclusive goods, deprived of political rights for life, and confiscated all personal property;

2. Revoke the criminal ruling of the Provincial Higher People's Court and the criminal judgment of the Municipal Intermediate People's Court, which sentenced the defendant Zhong Weican to death for the crime of selling and transporting goods, depriving him of political rights for life, and confiscating all his personal property;

3. Send the case back to the Municipal Intermediate People’s Court for a new trial.

Fang Yi was overjoyed after reading the ruling and immediately called Zhong Weicheng. Zhong Weicheng was so excited that he told Fang Yi that he would come immediately to get the Supreme Court's ruling.

Then Fang Yi called Ouyang Jie to inform Ouyang Jie of the result of the case. Ouyang recommended the case, and now that the result is available, he should be informed.

More than half an hour later, Zhong Weicheng arrived at Sidley Law Firm, still holding the travel bag in his hand. After reading the Supreme Court's ruling, he took out the remaining 400,000 yuan from his travel bag and placed it on the table.

"Lawyer Fang, you are reliable and I keep my word. This 400,000 yuan is yours." Zhong Weicheng pushed the money on the table to Fang Yi and told him that he would have to trouble him for the subsequent case. After the two exchanged a few polite words, Fang Yi sent him out of the law firm.

Fang Yi originally thought that Zhong Weicheng would come to him again, but who knew that after Zhong Weicheng gave him the money to express his gratitude, he never called again or mentioned the matter again.

Later, during a chat with Ouyang Jie, Fang Yi learned that someone had told Zhong Weicheng that even if Fang Yi did not mail a defense opinion to the Supreme Court, his brother's case would be sent back for retrial, and introduced him to a person who was said to specialize in handling cases. A senior lawyer who specializes in unique cases and has good connections with the court, takes on his younger brother's case. Of course the fee is not low.

Fang Yi smiled after hearing this and was not angry. The woods are big and there are all kinds of birds, so let him go!

On September 15, at nine o'clock in the morning, Deng Junshan's case was heard in the Third Court of the Municipal Intermediate People's Court. There were many people sitting in the auditorium. Deng Junshan's daughter-in-law, Chen Xiaoling, was sitting in the first row of the auditorium. At this moment, she was anxiously waiting for the court to begin.

"We are now conducting a court investigation and ask the prosecutor to read out the indictment." The presiding judge is a fat man who looks like a door god.

"...The defendant Deng Junshan had conflicts with his father Deng Lu (died at the age of 63) due to issues such as family separation and house building, so he deliberately murdered him.

On the night of the incident, Deng Junshan sneaked into Deng Lu's home and while Deng Lu and Jiao Shangying were sleeping, he hit Deng Lu several times on the head with a hoe handle and hit Deng Lu several times in the eye with his fist.

Jiao Shangying was awakened and was about to get up. Deng Junshan hit him on the head with a hoe handle again, knocking him down on the bed, and hit his left arm with the hoe handle.

Afterwards, Deng Junshan squeezed Jiao Shangying's neck and forced him to tell where the money was hidden at home, and stole 3,600 yuan in cash. Deng Lu died on the night of the incident due to severe craniocerebral injury caused by being hit on the head with a blunt instrument, while Jiao Shangying's injuries were minor.

We believe that Deng Junshan’s behavior violated Articles 232 and 263 of the Criminal Law of the People’s Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. He should be prosecuted for intentional homicide and robbery. responsibility.

According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law. complete. "The middle-aged female prosecutor read out the indictment in a cold tone.

"Defendant Deng Junshan, did you hear clearly the indictment just read out by the prosecutor? What crime are you accused of? Do you have any objection to the criminal facts charged in the indictment? Do you have any objections?" The presiding judge looked sharply at the defendant. Deng Junshan was sitting at the table.

Fang Yi and Cao Yongzheng at the defense table listened quietly, waiting for Deng Junshan's statement. Fang Yi's intuition told him that Deng Junshan would definitely retract his confession for no other reason than that when the jailer met Deng Junshan before, the latter did not mention a word about the case and just said that he killed the person himself. His attitude was too abnormal.

"I have an objection. I did not kill the person. The victim was my father. How could I run over and kill him in the middle of the night." After being silent for a few seconds, Deng Junshan raised his head and looked directly at the presiding judge with a very firm tone.

As soon as Deng Junshan's words came out, the two female prosecutors on the prosecutor's bench were startled, and their eyes were full of confusion and anger. When they went to the detention center to see the guy in front of him, he recognized all the evidence submitted by the public security agency and said whatever he asked. , his attitude was so good, why did he suddenly retract his confession? The prosecutor suddenly realized something.

Fang Yi felt relieved and looked at each other and smiled with Cao Yongzheng, as expected.

"The public prosecutor can interrogate the defendant about the criminal facts alleged in the indictment." The presiding judge was also stunned. This kind of case of reversing the confession in court is the most troublesome.

"Defendant Deng Junshan, when did you divide your family after you got married?" the female prosecutor adjusted her mentality and asked.

"The family separated less than half a year after I got married." Deng Junshan looked at the prosecutor and replied.

"Are you satisfied with the result of the separation?" the female prosecutor then asked.

"To be honest, I was not satisfied. My father was partial and only gave me two south rooms and some materials to build a house. I had no choice but to borrow money to build a house myself, so I had a very tense dispute with my family at that time. It was not until later that Our relationship only eased after my son was born. Everyone in the village knows about it." Deng Junshan said calmly.

"What were you doing on the night of the crime?" the female prosecutor continued to ask.

"I sleep at home. People in the village go to bed early and get on the kang as soon as it gets dark." Deng Junshan replied.

"Can anyone prove that you were sleeping at home on the night of the crime?" the female prosecutor asked.

"There is no one, and the door is closed when sleeping. How can it be seen by others? In addition, my mother-in-law fell down that day, and I took my wife and children to see my mother-in-law. My wife and children did not come back. Because I had to go there the next day. I went to help others with work, so I came back alone after dinner," Deng Junshan said. (End of chapter)