Lawyer's character

"Relax and just perform normally. Director Wan has already made arrangements. If the verdict is pronounced in court, there will be some interviews later.

If the verdict is not pronounced in court, you should come back as soon as possible after leaving the court and do not answer any questions from reporters. "Fang Yi patted his arm.

"Yes, I understand." Du Yong knew that Boss Wan was going to work for him, so he planned to use this case to promote him, and at the same time let Sidley Law Firm appear again to enhance its reputation.

At 9:30 on Thursday morning, the collegial panel began the court investigation after completing the previous procedures.

"Defendant Rong Yang, did you hear clearly the indictment that the prosecutor just read out? What crime is it charging you with? Do you have any objection to the criminal facts that the indictment accuses you of? What objections do you have?" After the prosecutor finished reading the indictment, the presiding judge asked.

The presiding judge is a tall male judge with a square face that looks very majestic.

"I have no objection to the prosecutor's prosecution." Rong Yang, wearing a detention center vest, sat in the dock with a dull expression.

"The public prosecutor can question the defendant about the criminal facts charged in the indictment," the presiding judge said.

"Defendant Rongyang, how did your mother die?" The female prosecutor's words were cold.

"She died from drinking pesticides. I bought the pesticides for her. She begged me to buy pesticides for her. She begged me many times..." Rongyang was like a robot, speaking with a stiff face, without the prosecutor continuing to ask. Then he told the story of the entire case.

Everyone in the auditorium could only hear his voice without any emotion, but Du Yong saw his eyes full of pain, and he was numb from the pain.

But there is a glimmer of hope. Who wants to see this human tragedy, and who doesn't want to be angry and angry. However, the defendant's family environment is such that he has been overwhelmed by the last straw.

Most of the people in the gallery showed sympathetic expressions. The investigation of the facts of the case lasted for more than two hours, and the prosecutor asked some more details of the case.

Du Yong also inquired and confirmed some facts that were beneficial to the defendant.

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "said the presiding judge.

"The presiding judge, judge, and prosecutor believe that... the defendant Rong Yang in this case ignored national laws and knew that pesticides can poison lives. In order to relieve the pain of his mother Lu Yanlan, at Lu Yanlan's request, he helped Lu Yanlan take pesticides to end her life. The behavior constitutes intentional homicide.

Since the above-mentioned criminal behavior of Rongyang occurred among immediate family members and was committed at the active request of the victim after he had the idea of ​​committing suicide, his criminal behavior should be distinguished from ordinary intentional homicides that seriously endanger society.

We recommend that the court sentenced him to ten years in prison. "The prosecutor's words caused a commotion in the auditorium, but they quickly disappeared, like waves in the sea, disappearing as quickly as they came.

“The defendant will now defend himself,” the presiding judge said.

"I personally handed the pesticide to my mother, watched her drink the pesticide, and then watched her end her life in pain. I knew she was doing it for my own good and didn't want to drag me down anymore..." said At this point, Rongyang in the dock covered his face with his hands, his shoulders shaking. When he raised his head again, his face was full of tears: "I am guilty. No matter how the court sentences me, I admit it..."

"Defendant Rong Yang's defender expressed his defense opinion." After a moment, the presiding judge continued.

“Presiding judge, judge: The defender has no objection to the charges charged by the prosecutor against the defendant, but has objections to the sentencing.

The defender believed that although the defendant's behavior constituted intentional homicide, this case was different from ordinary intentional homicide. His behavior should be considered as a "lesser case" in the crime of intentional homicide, and he should be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years.

The defender believes that as far as this case is concerned, the defendant's behavior complies with Article 232 of the Criminal Law, both in terms of the objective harmfulness of the defendant's behavior and the subjective malignancy and personal danger of the defendant. The specific reasons for the 'lesser circumstances' stipulated in Article 1 are as follows:

1. The social harm of this case is relatively small.

From the perspective of the provisions of the Criminal Law, the crime of intentional homicide is extremely harmful to society, and its handling must reflect the spirit of strict laws and policies.

However, the crime of intentional homicide caused by the intensification of civil conflicts is relatively less harmful to society. The defender believes that the treatment should reflect the policy spirit of leniency in accordance with the law. In particular, intentional homicide crimes that occur among relatives and are committed by the victim are less harmful to society, and should be dealt with in a lenient policy spirit.

In this case, Rong Yang was completely forced by life and went to buy and provide pesticides according to the wishes of his mother Lu Yanlan.

When the defendant Rong Yang committed the crime, he only handed the pesticide to Lu Yanlan, and Lu Yanlan decided whether to drink it, instead of force-feeding the pesticide. Although his behavior caused Lu Yanlan's death, it also helped Lu Yanlan realize her wish to relieve her pain and suffering. Therefore, the defendant's murderous behavior was less harmful to society.

2. Rongyang’s subjective malignancy and personal danger are relatively small.

The defendant's subjective malignancy and personal danger are mainly reflected in the criminal motive, criminal means, criminal circumstances, and whether there is any previous misdeeds.

Those with despicable motives, cruel means, bad circumstances, and previous bad records are often more subjectively vicious and personally dangerous. For those behaviors whose criminal motives are highly forgivable and for which people generally give moral sympathy and understanding, the subjective viciousness and personal danger of the offender are usually smaller.

In this case, the victim Lu Yanlan suffered from long-term illness and had many thoughts of suicide and asked her son Rongyang to help her commit suicide. Lu Yanlan has two children, but she has been living with the defendant Rong Yang, and only Rong Yang takes care of and treats them.

In particular, Lu Yanlan suffered from stroke and other diseases and was basically unable to take care of herself for more than 20 years. Defendant Rong Yang always took good care of her. After Lu Yanlan's repeated requests, he obeyed Lu Yanlan's request in order to relieve Lu Yanlan's pain from the disease. The request is pitiable. In the eyes of relatives, friends and neighbors, the defendant Rong Yang was a ‘filial son’.

Moreover, the defendant Rongyang truthfully confessed his crime after returning to justice, and he had a good attitude in pleading guilty.

It can be seen from this that defendant Rong Yang’s subjective malignancy and personal danger are not great, and Rong Yang’s behavior should be determined to be a ‘lesser case’ in the crime of intentional homicide.

The village where the defendant lives is a small village in a remote mountainous area under a century-old poverty-stricken county. The living conditions are not good. Every year, the villagers try their best to make ends meet. After the defendant's mother fell ill, the living conditions of the Rong family plummeted. , the victim chose to commit suicide under the double torture of life and illness.

It is easy to judge the quality of a person's behavior from the moral high ground, but if you think about it from another perspective, how many people can take care of their mother like the defendant for more than 20 years.

To sum up, the defender believes that defendant Rongyang’s behavior falls within the minor circumstances stipulated in Article 232 of the Criminal Law, and implores the collegial panel to give the defendant a lenient punishment. "After Du Yong finished expressing his defense opinions, he felt very heavy.