Lawyer

Chapter 653 Isn't This Finding Faults?
"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.

"Okay, presiding judge." The prosecutor looked at Feng Yongtong in the dock and asked, "Defendant Feng Yongtong, do you know the victims Ma Wanping and Nie Xiaoqin?"

"Yes, we both sell meat in the vegetable market, and the two meat stalls are next to each other." Feng Yongtong said, looking at the floor in front of him dully.

"On the day of the incident, the victim asked you to take Nie Xiaoqin to see a doctor. What did you do?" the prosecutor looked at the defendant and asked.

……

The prosecutors questioned the incident, but they didn't ask why the victim came to the Feng's meat stall to find the defendant Feng Yongtong.

Fang Yi listened quietly, and slowly frowned. The prosecutor's interrogation could easily lead an unknown third person to think that the defendant and the victim had a dispute over selling mutton, and they fought each other. Then the victim asked the defendant to take him to the Hospital to see a doctor, but the defendant refused.The two sides spoke too aggressively for a while, and the defendant killed the victim with a knife.

The prosecutor's questioning did not reflect the victim's repeated entanglement, nor did it reflect the defendant's forced helplessness, which was very unfavorable to the defendant's sentencing.

"Does the defendant's defender need to ask the defendant questions?" the presiding judge looked at Fang Yi and asked.

"I need to ask a question." After speaking, Fang Yi looked at Feng Yongtong and asked, "Defendant Feng Yongtong, on the day of the crime, why did the victim come to the butcher's stall to ask you to go to the hospital?"

"My daughter-in-law Yuan Qingxiu and Nie Xiaoqin fought because of selling mutton before, and my daughter-in-law injured her." Feng Yongtong's expression was still dull, but his eyes flickered slightly.

"Do you know how injured the victim Nie Xiaoqin was? During the fight, was your lover also injured?" Fang Yi asked.

"Nie Xiaoqin was only scratched and bruised, slightly injured. My daughter-in-law was also injured, and her condition was similar." Feng Yongtong looked up at Fang Yi and said.

"How do you know?" Fang Yi asked.

"The police appraised the two of them, and I took Nie Xiaoqin to the People's Hospital for an examination." Feng Yongtong replied mechanically.

"What is the result of the examination? How many times have you been to the hospital?" Fang Yi continued to chase after him.

"I went to the People's Hospital twice, and the doctor said that Nie Xiaoqin is in good health." Feng Yongtong replied, with tears in his eyes.

"You took the victim to the hospital twice before, and this time the victim asked you to go to the hospital again. Why didn't you go?" Fang Yi asked.

"Because I know they are deliberately finding fault, they just don't want me to run the meat stall in a down-to-earth manner, and they want to disrupt my family's business and take revenge on me." Feng Yongtong's eyes suddenly became sharp, and he said while gritting his molars .

"How do you know that the victim is finding fault on purpose?" Fang Yi continued to ask.

"I took Nie Xiaoqin to the hospital twice, and spent several thousand yuan for a full-body examination. The results of the two examinations were normal, and they still wanted to take her to the hospital. Isn't this just finding fault?
I asked Ma Wanping if it was over yet, and he told me that if I want to solve the problem, I have to give him 20 yuan. If I give him the money, he will not bother me, otherwise he will keep pestering me and make me unable to do business.

20!How much money can I earn in a year? I have an elderly man in his 60s and a child in junior high school in my family. He is killing me!You say... let you say what should I do? "Feng Yongtong's eyes were red, and he was shouting.

"Have you ever thought about calling the police or going to court to sue the victim?" Fang Yi asked after a moment of silence.

"Hehe, is it useful to call the police? I went to the police station next to the vegetable market. The police asked me to go to the court, but they couldn't solve it.

It takes time and money to go to the court to sue, and it takes several months. In the end, the court can only give me a piece of paper. Can that piece of paper solve the real problem?Do I want to do business these few months? I have a family to support! "Feng Yongtong was a little emotional, and looked at Fang Yi with tears in his eyes.

Seeing that the defendant's emotions had been released, Fang Yi stopped asking questions and turned to the presiding judge: "Presiding judge, the defender's questioning is over."

"Now that we are presenting evidence and cross-examination, do the public prosecutor, defender and defendant have any new evidence to provide?" asked the presiding judge.

"There is no new evidence." The three parties replied.

The evidence submitted by the public prosecutor includes on-site inspection transcripts, the process of bringing the defendant to justice, the defendant's confession, the murder weapon boning knife, autopsy report and so on.

Both the defendant and Fang Yi agreed with the evidence provided by the public prosecutor.

Before Fang Yi applied to the court to go to the People's Hospital to obtain the victim's medical records to support the defendant's statement.Prosecutors did not dispute the evidence.

Then the court presented the letters from the village and vegetable market management departments requesting a lighter punishment from the court, as well as the supporting documents issued by the merchants on the situation before and after the incident.Prosecutors believe that the above-mentioned documents cannot be legal evidence for conviction and sentencing in this case.

"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. "The presiding judge said expressionlessly.

"The presiding judge, the judge: ... the public prosecutor believes that although the victim was at fault to some extent, the defendant Feng Yongtong used the criminal means of depriving the life of others to retaliate against the victim. He committed an attack with a knife, killing one person and seriously injuring another. His behavior has constituted the crime of intentional homicide. .

In view of the abominable circumstances, cruel means and extremely bad social impact of the defendant's murder in a public place, we recommend that he be sentenced to death and executed immediately.complete. "The inspector said coldly.

The procuratorate's sentencing suggestion was similar to Fang Yi's guess. One died and one was seriously injured. Whether it was out of duty or out of caution, the procuratorate would strictly recommend the sentence.

……

"Defendant's defender made his defense opinion," said the presiding judge.

Fang Yi picked up the prepared defense opinion and said: "Presiding judge, judge: before expressing the defense opinion, please allow me to express my deep condolences to Ma Wanping, the victim of this case, and my great sympathy and condolences to the relatives of the victim. .

The defender has no objection to the prosecution's accusation that the defendant committed the crime of intentional wounding.The defender believes that the public prosecutor's characterization of this case is accurate and the application of the law is correct, but there are some special circumstances in this case, and the collegiate panel should give full consideration to the conviction and sentencing.

The defender believed that the victims Ma Wanping and Nie Xiaoqin were at fault for the occurrence of this case, and the defendant should not be sentenced to death and should be executed immediately.The reasons are as follows:
This case is an intentional homicide case caused by the intensification of production and life contradictions.The defendant, Feng Yongtong, and the victims, Ma Wanping and Nie Xiaoqin, had never had any conflicts in normal times, but disputes arose because of competition, and the conflicts intensified because the two parties failed to handle the conflicts in a timely manner, resulting in murder and wounding. "

(End of this chapter)