Lawyer

Chapter 282 Chapter 287 Chapter 288 (Merged Chapters)

"Defendant Zeng Xueqin, male, born on February 1970, 2, ID number... was criminally detained by the Municipal Public Security Bureau on August 1, [-] on suspicion of intentional injury.

After accepting the case, this court has informed the defendant that he has the right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment, interrogated the defendant according to law, and reviewed all the case materials.

The legal investigation revealed that:
On August 29, [-], at about [-] p.m., the defendant Zeng Xueqin had an argument with others because of his lover Yuan Fang. The victim Chen Zhihong stepped forward to dissuade him. His lover tore with Chen Zhihong, so he rushed up and punched the victim Chen Zhihong's chest and head.

Then Zeng Xueqin saw that Chen Zhihong was desperate, so he fled. In the process of chasing Zeng Xueqin, Chen Zhihong fell to the ground and died after medical treatment failed.

After identification, the victim, Chen Zhihong, had a coronary heart disease on the basis of the original coronary heart disease, which was caused by various factors such as emotional agitation, chest beating, strenuous exercise and drinking, which induced a coronary heart attack, tubular brain spasm and cardiac arrest, and died suddenly.

Zeng Xueqin was arrested by the police after the incident, and he truthfully confessed the crime after arriving at the case.

The evidence for the above facts is as follows:
1. Household registration certificate, criminal record certificate;
2. The confession and defense of the defendant Zeng Xueqin;

3. Parking lot video;
4. Identification report.

The above-mentioned evidence collection procedures are legal, and the content is objective and true, which is sufficient to determine the facts of the allegations.The defendant, Zeng Xueqin, had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court believes that the defendant, Zeng Xueqin, quarreled with the victim Chen Zhihong because of his lover, and beat Chen Zhihong in the chest for the purpose of revenge, causing his death. His behavior violated Article 230 of the "Criminal Law of the People's Republic of China". It is true and sufficient, and its criminal responsibility should be investigated for the crime of intentional injury.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.

Presiding judge, the indictment has been read out! Prosecutor Xiao finished reading and put down the indictment.

Fang Yi secretly calculated in his heart, it seems that his previous speculation was correct, from this point of view, the procuratorate suggested that the prison term should not be less than ten years.

"Defendant Zeng Xueqin, 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 said coldly.

"No objection!" Zeng Xueqin raised his head and said.

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

"Okay, presiding judge. The defendant Zeng Xueqin, what is the relationship between the victim Chen Zhihong and you?" Prosecutor Xiao asked.

"We both sell fruits in the market, and we have a normal relationship," Zeng Xueqin said.

"According to the transcript of the inquiry to the market management department, the two of you are the two largest fruit wholesale companies in the market. You are in a competitive relationship, and the relationship has not been very good. The defendant Zeng Xueqin, are these facts true?" Prosecutor Xiao asked the member.

"The situation is true. Although our relationship is not very good, everyone runs the fruit company for money. There is no deep hatred, but envy and jealousy. If you behave properly, you won't do anything indiscriminate, otherwise you won't make such a big business." Zeng Xueqin said.

"Presiding Judge, I'm done with the questioning." Prosecutor Xiao saw that the other party hadn't caught on, and there was no point in asking, so he stopped the questioning.

Inspector Xiao, what do you mean by this? Do you want to change intentional injury into intentional revenge and murder?This is trying to mislead the judge. Fang Yi couldn't help but feel a chill down his spine. Thanks to Mr. Zeng's cleverness, he didn't follow him.

"Does the defender Zeng Xueqin need to ask the defendant questions?" The presiding judge looked at Fang Yi.

"Need to ask a question." Fang Yi raised his head and said, "Defendant Zeng Xueqin, did you know that Chen Zhihong had coronary heart disease before the case?" Fang Yi asked.

"I don't know, we are usually busy with our own business, and we rarely communicate with each other," Zeng Xueqin said.

"What were you doing and what did you see when the crime happened?" Fang Yi asked.

"Before the incident, my daughter-in-law called me and told me that she was about to arrive at the parking lot, and asked me to find her in the parking lot. After I took care of what I was doing, I went to the parking lot. When I was almost at the parking lot, Seeing someone fighting, they leaned over.

It turned out that my daughter-in-law and Chen Zhihong were tearing it apart. A big man hit a woman. I was very angry at the time, and I went up and gave Chen Zhihong two punches. "Zeng Xueqin said.

"How many punches did you punch him in total?" Fang Yi continued to ask.

"I just punched him twice. I smelled alcohol on his body and his eyes were red. He must have just been drinking. The fight with the drinking person was unreasonable. I didn't want to risk my life with him, so I ran away afterwards." Zeng Xueqin said.

"Judge, I'm done asking!" Fang Yi said.

……

"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 public prosecutor believes that the defendant Zeng Xueqin, in order to vent his anger on his lover Yuan Fang, punched the victim Chen Zhihong in the chest and head, which eventually caused Chen Zhihong to have a coronary heart attack. He fell to the ground while chasing the defendant Zeng Xueqin, and died after treatment failed.

In addition, after investigation, Zeng Xueqin was sentenced to six months in prison for the crime of finding a place to stir up trouble, and it has not been five years. He constitutes a recidivist and should be given a heavier punishment.

Zeng Xueqin's behavior constitutes the crime of intentional injury, and we recommend that he be sentenced to 12 years in prison. "Inspector Xiao said.

After Prosecutor Xiao finished speaking, Fang Yi looked at Zeng Xueqin, only to see that he was slightly surprised, and then returned to his previous expression.This guy has a really good attitude.

"Next, the defendant will defend himself," said the presiding judge.

"Chen Zhihong and I are competitors, but I have never thought of harming him. I didn't know that he had coronary heart disease before the accident. I am willing to take some responsibility for his death. But I think the procuratorate suggested The sentence is too heavy. I just punched him twice, and Chen Zhihong died of coronary heart disease, so I can’t put all the responsibility on me.” Zeng Xueqin objected.

12 years for two punches!No one will recognize anyone, it's normal for Zeng Xueqin to be dissatisfied.

"The defender issued a defense opinion." The presiding judge said.

"The defender believes that this case has certain particularities. Although the defendant Zeng Xueqin constituted the crime of intentional injury, he should be sentenced to fixed-term imprisonment below the statutory penalty. The reasons are as follows:
The behavior of the defendant Zeng Xueqin to the chest of the victim Chen Zhihong would not result in the death of the victim under normal circumstances, but the harmful behavior of the boxing, and the intervention of the victim's emotional, strenuous exercise, drinking and other factors to induce the attack of coronary heart disease led to the death result happened.

The victim was suffering from coronary heart disease, and the defendant Zeng Xueqin did not know about it beforehand. This is an accidental factor, and the previous behavior of punching the victim and the death of the victim is an accidental causal relationship.

According to the basic principle of "commensurate with crime and liability" in the "Criminal Law", and according to the provisions of the second paragraph of Article 60 of the "Criminal Law": "Although criminals do not have the circumstances for mitigating punishment stipulated in this law, according to the special circumstances of the case, after passing With the approval of the Supreme People's Court, the penalty may also be imposed below the statutory penalty. '

The defender inquired about the cases in which the Supreme People's Court approved the sentencing cases below the statutory punishment in recent years. The "special circumstances" referred to in the above provisions can be summarized into the following two situations:

In the first case, the victim was suffering from a special serious disease, and the defendant did not know it beforehand, which was an accidental factor; in the second case, the causal relationship between the defendant’s injurious behavior and the victim’s death was purely accidental, indirect factual causality, and the victim himself Factors such as diseases have immediate and absolute causal power on the outcome of death.

This case is fully in line with the above situation, so the defender believes that although the defendant Zeng Xueqin constituted the crime of intentional injury, his behavior of punching the victim is only one of the reasons for inducing the victim's coronary heart disease, not the main reason.In addition, according to the evidence provided by the procuratorate, the defendant has obtained the understanding of the victim's family, so the defender recommends that your court impose a fixed-term imprisonment below the statutory sentence, and the proposed sentence is one year.

The case of the Supreme Court is attached!For the collegial panel's reference.complete! "Fang Yi said.

Fang Yi knew that there was a high probability that the court would not make a judgment according to his suggestion, but he still had to do what he had to do. The proposed one-year sentence was discussed with Mr. Zeng, and his wife Yuan Fang could also accept it.

Soon the presiding judge rang the gavel, ended the trial, adjourned for 10 minutes, and made the verdict after the collegial panel deliberated.Fang Yi started to tidy up the documents on the table. The work of the first trial was over. As for the court's verdict, he had no control over it. He could only wait quietly, hoping for a good result.

……

More than ten minutes later, three judges entered the courtroom one after another, and the presiding judge rang the gavel.

"The court session will continue now, please ask the bailiff to bring the defendant Zeng Xueqin to court.

The case has been judged by the collegial panel.In response to the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

... The victim, Chen Zhihong, suffered from coronary heart disease, and the defendant, Zeng Xueqin, did not know it beforehand. There was a causal relationship between his previous boxing behavior and the death of the victim, and there was a causal relationship between the defendant's behavior and the death of the victim in criminal law.

The defendant Zeng Xuedi is a recidivist and should be severely punished according to law.The judgment of this court is as follows: the defendant, Zeng Xueqin, committed the crime of intentional injury and was sentenced to five years in prison below the statutory penalty.

Zeng Xueqin was sentenced to five years in prison!Fang Yi felt that if Mr. Zeng was not a repeat offender, he would probably be sentenced to two or three years, but the result of five years would be fine, but only if the procuratorate did not protest and Mr. Zeng would accept it.

Thinking of this, Fang Yi looked at Mr. Zeng, and saw his relaxed face. It seemed that he was quite satisfied with the result. Five years was more than half of the 12-year sentence suggested by the procuratorate.

Prosecutor Xiao on the opposite public prosecutor's bench seemed to be in a good mood, and didn't struggle with whether to protest or not. Of course, this was just a superficial situation. Whether the procuratorate would agree to the content of the judgment would have to wait another ten days until the judgment came into effect.

After the court session, Fang Yi walked out of the court, called Li Shuming and told him the verdict. Li Shuming asked him to take a bubble bath when he was free to relieve his fatigue.

Sure enough, Mr. Zeng was satisfied with the verdict, and Yuan Fang didn't bother to appeal. Ten days later, the procuratorate did not file a protest, and the verdict came into force.

What Fang Yi didn't expect was that within a few days after the verdict came into effect, Yuan Fang actually sent Fang Yi a pennant. Of course, sending a pennant is not enough. She also asked someone to bring ten boxes of fruit to Fang Yi as a token grateful.

Before Fang Yi said that Mr. Zeng's case might reduce the sentence by a few years, Yuan Fang still had some doubts about his ability, but now it seems that Fang Yi is still very reliable.So Yuanfang wanted to build a good relationship with him.

It is inevitable to run into trouble when doing business. Having a reliable lawyer by your side can save you a lot of trouble. This is something Mr. Zeng specifically asked his wife to do.

In the afternoon, Wang Deyou returned to the institute wearing a thick down jacket and carrying a briefcase.

"Old Wang, are you going to the court?" Fang Yi asked seeing his tired face.

"The case was opened very happily today. A girl rescued an old man who fell down on the side of the road. After the old man was sent to the hospital for emergency treatment, the family members surrounded the girl. She was required to pay for the old man's medical expenses.

The girl repeatedly explained that she was willing to help others, but the family members didn't believe it, and clamored why so many people on the road only wanted her to help others, and why others didn't care. It was clear that the little girl bumped into the old man and felt guilty! "Speaking, Wang Deyou took out half a bottle of mineral water from his bag and drank it all in one go.

"What happened next?" Fang Yi asked.Xie Youhe, who was on the side, also held a big teacup and looked at him.

"The girl is a high school student. Her parents were laid off to sell breakfast. They can't make much money for a month. They will definitely not do such a dirty job. The girl's parents called the police. The police came and wiped mud on both sides. In the end, both parties went to the court to settle it. That's it, the old man The family took the girl to court." Wang Deyou said.

"I know the girl's parents. They always sell pancakes outside my community. I often buy their pancakes, so I am familiar with them.

Some time ago, when I was buying pancakes, the couple told me about the family affairs. I wanted to help them, so I accepted the case and assigned it to Attorney Wang.The lawyer's fee was very low, only 3000 yuan in total. Xie Youhe took over the conversation and said, "Lawyer Wang, how is the court going?" "

"During the court session, the other party was so arrogant, yelling that they would not let them live a good life unless they lost money. Finally, God opened my eyes. There was a camera where the old man fell. I applied to the court to go to the traffic police brigade to adjust the video.

The video shows clearly that the old man fell by himself, and then the girl ran over from behind, checked the situation, and called the police.

At that time, the judge asked the other party to cross-examine, but the other party denied it, saying that the video was incomplete.In a shameless manner, he asked the girl to lose money.The judge's face was as cold as ice.In the end, the judge dismissed all the other party's claims on the spot and reprimanded them. It is estimated that the other party will have to appeal. "Wang Deyou said.

(End of this chapter)