Lawyer

Chapter 699

When the sun was setting, in the office, lawyers Song Hui and Wang Yong, who often handle criminal cases in the team, were sitting on the sofa, holding a copy of the case file materials in their hands, and looking at Fang Yi opposite.

Fang Yi made a pot of tea, poured a cup each for Lawyer Song and Lawyer Wang, and then looked at Lawyer Song: "Old Song, tell me."

"Lawyer Fang, Lawyer Wang, let me introduce the case based on the meeting situation first." After finishing speaking, Lawyer Song picked up the materials and told the story of the case.

The defendant in this case, Xie Quan, usually likes to play mahjong. After work, he often goes to the chess and card room near the community to try a few. Of course, playing cards is a lottery. Does Xie Quan like the feeling of playing mahjong, or the feeling of winning money? In fact, he doesn't know for sure. Anyway, he will be very excited when he sits at the poker table, and he only plays mahjong tiles.

On the afternoon of a weekend three months ago, Xie Quan went to play cards in a chess and card room near the community where he lived. As a result, he hit his back, hit his guns, and then played Hu, and quickly lost more than 500 yuan.

Xie Quan's brand name is not very good. If he wins, he laughs and laughs, and everyone is like his relatives;

The more than 500 yuan was gone in a blink of an eye. Xie Quan began to scratch his scalp continuously. The blood was almost coming out. He was impatient. He grabbed his cigarette case on the table and wanted to smoke a cigarette to relieve it, but the cigarette was gone. next empty box.

Xie Quan was like a manic patient, who disliked everyone, turned around and saw his old acquaintance Deng Jian who was watching the battle.Deng Jian and Xiequan live in the same community and are colleagues. The two have known each other for more than ten years, and they usually have a good relationship.We often come to the chess and card room to play cards together.

"Old Deng, give me a cigarette." Xie Quan stretched out two fingers annoyedly, asking Deng Jian for a cigarette.

"The underpants you lost are almost gone, and you still have the face to smoke. Smoke a few. Hurry up and finish this round, let the place go, and get out." After losing everything, he cursed again, which annoyed him a little.

Normally, he would not speak so aggressively. Before he came out to play cards this weekend, he had just drank two glasses of white wine at home. At this time, the alcohol was still strong, and he smelled of alcohol, so his words were a bit too brainy.

"Who are you scolding, 'several', 'several', I beat you, believe it or not?" When Xie Quan was in a frenzy, when he met Deng Jian who was not open-eyed, the small universe in his heart was instantly ignited up.

"If you lose a card, you have to admit it. You are allowed to swear, and others are not allowed to talk!" Deng Jian replied, and then pushed him with his hand: "If you don't play, just play, don't occupy the latrine. shit."

"How dare you touch me, I'm going to NM..." Jie Quan became impatient, and suddenly got up and pointed at Deng Jian with a big mouth, and then pushed the latter's chest violently with both hands.

Deng Jian didn't expect him to make a real move, he was caught off guard, his footsteps were unsteady when he was pushed, and he backed up again and again.

As the saying goes: There is no good player in fighting each other, and there is no good word in scolding each other.

Jie Quan was anxious, and Deng Jian, who was slapping his mouth wide, had his head buzzing, followed by an angry push, with a lot of energy, Deng Jian staggered backwards with a "bang", and the back of his head hit the door frame.

Deng Jian felt dizzy for a while, and when he recovered, he also became impatient, pointed at Xie Quan and cursed: "You really hit me!"

Then Deng Jian Lun Quan was about to fight with Xie Quan, both of them were in their 20s, when they were young and vigorous, if this fight really happened, both sides would definitely get better, don't even think about opening the chess and card room today.

Most of the people playing cards in the chess and card room were nearby residents. Seeing this, the boss of the chess and card room hurriedly asked everyone to separate the two, and at the same time the boss hugged Deng Jian.Xie Quan on the opposite side was also embraced by the people beside him.

But the owner of the chess and card room is thin and old, and he can't control Deng Jian at all. Deng Jian was slapped on the mouth, which was a naked insult to him. Then he broke free from the boss's hands and rushed forward, but only took two steps before the whole person suddenly fell to the ground.After falling to the ground, Deng Jian remembered, but after twisting his body a few times, he stopped moving.

This time the chess and card room was quiet, Xie Quan stopped struggling, and looked at Deng Jian on the ground foolishly.The owner of the chess and card room hurriedly took out his mobile phone and called an ambulance. When the ambulance arrived, after examination, the doctor confirmed that Deng Jian was dead.

Later, the public security department rushed to the scene and began investigation.

After forensic identification, Deng Jian found that the subcutaneous hematoma in the posterior occipital region was a blunt trauma, which was caused by a collision between the posterior occipital region and a blunt object, and the location of the hematoma was the stress-bearing part.

The cause of Deng Jian's death was brain contusion and subarachnoid hemorrhage caused by the impact of the occiput with a blunt object before and after birth and falling to the ground after the collision.

Hearing that the doctor said Deng Jian was dead, Xie Quan was dumbfounded and slumped on a chair.After the police arrived at the scene, Xie Quan voluntarily surrendered, and truthfully explained how he had a dispute with Deng Jian and how he pushed Deng Jian.

After Xie Quan was arrested, Xie Quan's family reached a compensation agreement with the family of the victim Deng Jian under the advice of lawyer Song.

"I went to the detention center to see Jie Quan. Xie Quan said that he was just in the heat of the moment. He slapped the victim Deng Jian and pushed him again. He didn't want to hurt Deng Jian. He felt that he should not constitute a crime.

I am a little uncertain now. The defendant in this case slapped the victim on the mouth and then pushed him. Is there a causal relationship in criminal law between the defendant's behavior and the victim's death?
Generally speaking, the defendant Jie Quan's pushing and shoving behavior is unlikely to be fatal, nor can it cause minor injuries or more to the victim..." Lawyer Song said while looking at Fang Yi and Lawyer Wang.

"Lawyer Song, what do you think? Tell me what you think." Fang Yi thought for a while, then looked at Lawyer Song.

"I don't think the defendant constituted a crime, and the victim's death was an accident." Lawyer Song said.

"What's the reason?" Lawyer Wang turned to look at him.

"Looking at the facts of the case, the victim's drinking on the day of the incident, the defendant's behavior of pushing the victim, the victim's head hitting the door frame after being pushed by the defendant, and the subsequent fall were all the causes of the victim's death. The combination of factors led to the occurrence of the victim's death.

The forensic medical appraisal found that the cause of death of the victim was the brain contusion and subarachnoid hemorrhage caused by the impact of the rear occipital with a blunt object, and falling to the ground after the impact. and other factors not directly related to the defendant's behavior, nor can it be determined that the defendant's pushing behavior and the resulting collision with the door frame were the main causes of the victim's death.

Since there are other reasonable possibilities for the death of the victim, it cannot be determined that there is a causal relationship in criminal law between the behavior of the defendant and the result of the death of the victim.There is no objective basis for requiring the defendant to be criminally responsible for the victim's death, and the defendant's actions should not constitute a crime.

So I am going to plead not guilty to the defendant, but I am a little uncertain. Lawyer Song frowned and said.

　It's a bit of a text, and it will be updated three times today and tomorrow, and it will be updated next Monday, so I can save some manuscripts.Thank you for your support!
　　
　
(End of this chapter)