Lawyer

Chapter 700 The Confused Lawyer Song

"Lawyer Fang, what do you think?" Wang Yong looked at Fang Yi.

Wang Yong is a man with a lot of evil intentions. He discussed several criminal cases with Fang Yi before, and the two of them rarely had the same opinion. Most of the time they were inconsistent or even tit for tat.

In fact, this is normal. Under normal circumstances, lawyers need to independently think about the relevant issues encountered in the case based on their own professional knowledge. It is really proved by empirical evidence that he is wrong, otherwise he will never follow what others say (this may be the difference between liberal arts and science, as the saying goes: there is no first in literature).

If they agree, they will separate. Anyway, they all work in their own way. Litigation lawyers are not as closely connected as non-litigation team members.

When discussing the case this time, Wang Yong was afraid that after expressing his views on the case, Fang Yi would learn from him and make wedding dresses for others.So keep an eye out and let Fang Yi express his point of view first.

Attorney Song invited him to discuss the case together because he wanted to hear different opinions from various parties. He felt that what Attorney Wang sometimes said was very reasonable.In fact, most of the time, he used Lawyer Wang's point of view as the opposing point of view to test the loopholes in his own defense plan.

"I think that the actions of the defendant, Xie Quan, constitute the crime of intentional injury..." Fang Yi said unhurriedly
Before Fang Yi could finish speaking, Wang Yong hurriedly interrupted Fang Yi: "Lawyer Fang, my opinion is different from yours, and also different from that of Lawyer Song. I don't think Xie Quan's actions constitute the crime of intentional injury. It should constitute the crime of negligent death."

"Oh? Lawyer Wang, tell me your reason?" Lawyer Song looked at Wang Yong in a daze.

have to!This time, three people have three opinions. At the beginning, Song Hui thought that two of the three people must have the same or similar views. But Wang Yong put forward a new point of view, and he was confused.

Although Lawyer Song was a little uncertain about the case before, he still had a direction in his heart. Now that he has two more staff as his staff, the direction of the staff has become more and more chaotic. Old Comrade Song is completely dizzy.

This is also the reason why litigation lawyers like to fight alone, because more lawyers may not really work, and the more lawyers involved, the more chaotic it may be.Whether it is in the defense plan of a criminal case or in the litigation plan of a civil case, if the lawyers involved in handling the case disagree, it will not only be a disaster for the sponsoring lawyer, but also a disaster for the parties involved.

"Why I say this is simple:
According to the provisions of the second paragraph of Article 230 of the "Criminal Law", whoever commits the crime mentioned in the preceding paragraph, causing death or causing serious injury to a person by particularly cruel means and causing serious disability, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.

According to the above provisions, the precondition for the criminal responsibility of intentional injury causing death must be "committing the crime in the preceding paragraph", that is, intentional injury and causing the victim's injury to be more than minor injury can constitute the crime of intentional injury.

In this case, defendant Xie Quan hit the victim's mouth and pushed the victim, but could not directly cause more than minor injuries to the victim, so it did not meet the requirement of "committing the crime in the preceding paragraph" stipulated in the second paragraph of Article 230 of the "Criminal Law". Requirements, can not be held criminally responsible for intentional injury to death.

In this case, the defendant Xie Quan and the victim were colleagues, and they usually had a good relationship with each other. They had no enmity or grudge. On the day of the incident, the two were in the chess and card room they often frequented. There were slaps and shoves.

When the defendant pushed and shoved the victim, subjectively it was impossible to hope or let the victim's death result happen, and his subjective attitude towards the victim's death result should be a kind of negligent psychological attitude.

That is to say, the defendant should have foreseen that his behavior might cause the death of the victim, but he did not foresee it due to negligence, and objectively, the defendant’s pushing behavior caused the death of the victim. The constituent elements of the crime of death, so it should be convicted and sentenced according to the crime of negligent death. Wang Yong looked at Song Hui and Fang Yi confidently, hoping to see agreement or approval from their eyes.

But he was disappointed. The confusion in Lawyer Song's eyes deepened. He looked like a philosopher, sitting on the sofa and rubbing his chin, frowning and thinking.

Looking at Fang Yi again, judging from his expression, it seems that he does not agree with Wang Yong's opinion, but respects his ideas.

"Lawyer Fang, just now you said that the defendant's behavior constituted the crime of intentional injury, can you explain the reasons in detail?" Lawyer Song looked up at Fang Yi, wanting to hear his explanation.

"Well, let me say a few points about my understanding of this case, for reference only.

First, in this case, the defendant Xie Quan slapped the victim's mouth and then pushed the victim. His behavior was an act of intentional injury.

According to the provisions of the "Criminal Law", general beatings that do not result in minor injuries cannot be punished as the crime of intentional injury.I said no problem, right? After Fang Yi finished speaking, he looked at Song and Wang.

The two did not speak, but nodded. What Fang Yi said was the standard for judging whether the perpetrator constituted the crime of intentional injury.

"Then a question arises now. If the perpetrator beats the victim, but does not cause the victim more than a minor injury, then does the perpetrator's behavior not belong to the intentional injury required by the crime of intentional injury?

I don't think so.

The crime of intentional injury is a resultant crime, and the criminal responsibility shall be borne only if the consequences of minor injuries are caused, and the more serious the victim's injuries, the greater the criminal responsibility borne by the defendant.

In the general beating process, punching, kicking, and shoving are the most common means of attack. For example, the force of the attack is not strong, the attack is not on the vital parts, and the perpetrator has a certain degree of restraint in his behavior. The victim does not need to bear criminal responsibility if it does not directly cause the victim to suffer minor injuries, but this does not mean that the nature of the general beating behavior is not an intentional injury behavior.

For example, in daily life, quarrels and fights between the two parties occur because of trivial matters. In most cases, the perpetrator will not cause minor injuries or more to the victim, and will not be sentenced. That is, ordinary beatings are still intentional injuries. Behavior, but the result of the injury has not reached the legal level and there is no need to bear criminal responsibility.

However, if the general beating behavior, under certain conditions, causes the victim to suffer more than minor injuries, the perpetrator should still bear the criminal responsibility for the crime of intentional injury.For example, beating others, causing the victim to fall down the steps or fall from a high place, resulting in serious injury or death of the victim, or beating a person with a specific physique causing serious injury or death.

Under the above circumstances, unless the consequences of the victim’s minor injuries are purely caused by accidents or it can be clearly ruled out that there is a causal relationship between the beating and the consequences of the victim’s minor injuries in criminal law.Otherwise, the defendant should still bear criminal responsibility. "Fang Yi continued.

(End of this chapter)