Lawyer's character

Miao Shengsan prepared sharp knives and other crime tools, and Lan Yongfei prepared community access cards, mobile phones and anonymous mobile phone cards for single-line contact and other crime tools for him, and paid Hu 100,000 yuan in cash in advance.

Two nights later, Lan Yongfei learned that Ren Mengyuan was going to entertain friends and would be back very late. Miao Shengsan lurked downstairs of Lan Yongfei's house in advance according to Lan Yongfei's arrangement.

In the early morning, it was raining lightly, and Ren Mengyuan drove back. Just when she got out of the car exhausted and was about to run into the building in the rain, Miao Shengsan, wearing a baseball cap and a raincoat, quickly approached Ren Mengyuan from behind with a knife, and stabbed her in the left back. .

Ren Mengyuan screamed after being injured and ran towards the gate post in panic. Miao Shengsan chased after her. It happened that two patrolling security guards heard the sound and ran over. Miao Shengsan saw that the situation was not good and fled the scene.

The assassination failed and Lan Yongfei was very angry. Miao Shengsan was in urgent need of money and did not want to give up this opportunity to make money, so he repeatedly explained that he was careless.

Lan Yongfei told Miao Shengsan that since he was stabbed last time, there are now drivers escorting Ren Mengyuan upstairs every night, so Miao Shengsan must seize the opportunity to take action and never miss it again.

Miao Shengsan promised not to miss again, but the difficulty of the matter has increased and the cost needs to be increased. So Lan Yongfei once again instructed Miao Shengsan to kill Ren Mengyuan, and promised to pay Miao Shengsan an additional 100,000 yuan after the incident was completed.

A week later, at around two o'clock in the morning, Ren Mengyuan, accompanied by her driver Yu Chongjie, got out of the car and walked towards the door of the building. When Ren Mengyuan walked to the elevator, the door to the stairwell opened, and Miao Shengsan rushed out. He stabbed Ren Mengyuan's chest and back several times with a knife, and stabbed Yu Chongjie's chest and abdomen when he turned around to stop the attack. Two stabbings resulted in the death of Ren Mengyuan and serious injury to Yu Chongjie.

After the residents on the first floor heard the shouting outside the door, they called the community security and called the police. Afterwards, Miao Shengsan was captured by the police while escaping.

After being arrested, Lan Yongfei, the third general of Miao Province, confessed.

The Intermediate Court held that Lan Yongfei and Miao Shengsan deliberately and illegally deprived others of their lives, and their actions constituted intentional homicide. judgment:

1. The defendant Lan Yongfei was convicted of intentional homicide and sentenced to death and deprived of political rights for life.

2. The defendant Miao Sheng was convicted of intentional homicide on the third occasion and was sentenced to death and deprived of political rights for life.

After the verdict of the first instance was announced, Lan Yongfei appealed, claiming that he did not hire the three murderers from Miao Province and that the public security officers used tactics against him.

Later, Mr. Wu found Lan Yongfei’s family members, who also wanted to re-hire a lawyer for a second trial, so they came to Sidley Law Firm with the materials.

"When I first saw the case file, I still had a glimmer of hope. After all, the defendant Lan Yongfei did not directly participate in the killing. Except for Miao Shengsan's incriminating confession and Lan Yongfei's two guilty confessions during the investigation phase, there was no other The direct evidence can prove the fact that Lan Yongfei hired Miao Province to kill three people. Moreover, during the trial, the defendant Lan Yongfei reversed his confession and denied all previous confessions.

Moreover, although the investigation agency obtained some indirect evidence, it was difficult to establish a clear connection between the murder facts of Lan Yongfei and Miao Shengsan. "Zhou Ying said.

"Then why did the court of first instance sentence the defendant to death?" Yun Qiao felt that since Zhou Ying said this and the court sentenced the defendant to death, this case would never be as simple as it sounds.

“Later, after I read the entire case file, I discovered the problems inside.

First, the existing evidence in the case can prove that the defendant Miao Shengsan is the murderer. There is no doubt that Miao Shengsan also admitted the murder.

Second, it is difficult to prove whether Lan Yongfei hired Miao Shengsanxing to kill someone. But the police have done a lot of work and found some evidence. No crime will be seamless. There must be clues in some obscure places, such as this case:

1. According to Miao Shengsan’s confession, without Lan Yongfei’s help and cooperation, he would not have been able to complete the crime. The specific manifestations are as follows:

(1) The third person named Lan Yongfei of Miao Province secretly identified the victim Ren Mengyuan to him many times. Relevant evidence also shows that Miao Shengsan did not know the victim Ren Mengyuan before, and there was no hatred between the two parties. Miao Shengsan lacked the motive to kill the victim Ren Mengyuan. Without Lan Yongfei, Miao Shengsan would not have known the victim Ren Mengyuan. The target of the crime cannot be accurately identified.

(2) Miao Province’s third confession stated that Lan Yongfei informed him of the whereabouts of the victim Ren Mengyuan, and called him on the night of the incident to tell him that the victim Ren Mengyuan was late.

Lan Yongfei's mobile phone call records also show that the victim Ren Mengyuan called Lan Yongfei in the evening. Without Lan Yongfei, Miao Shengsan would not have known about the late return of the victim Ren Mengyuan on the day of the incident.

(3) The third confession of Miao Province was that Lan Yongfei provided him with the access control cards for the community and unit doors, and arranged for him to lurk in the stairwell waiting for opportunities to commit crimes. Because the unit door on site was closed, it would be difficult for Miao Shengsan to enter the community and unit door without Lan Yongfei providing an access card. Moreover, the surveillance video of the community also showed that Miao Shengsan entered the unit door alone, not when other people were coming in and out.

(4) The third confession of Miao Province stated that Lan Yongfei provided him with the circumstances of the driver taking the victim Ren Mengyuan upstairs and the order in which the driver and the victim Ren Mengyuan walked, and asked him to attack the victim Ren Mengyuan who was walking behind after the driver passed by.

The fact that the driver escorted the victim Ren Mengyuan was a new situation that occurred after Miao Shengsan missed his first crime. In particular, the walking sequence of the driver and the victim Ren Mengyuan would have been difficult for Miao Shengsan to grasp unless Lan Yongfei provided it.

The above various confessions of Miao Shengsan described in detail and completely the fact that Lan Yongfei hired him to kill, indicating that Lan Yongfei was the link between him and the murder of the victim Ren Mengyuan. "Zhou Ying explained.

"But this is Miao Shengsan's unilateral confession after all. It's hard to find the defendant Lan Yongfei guilty based on this alone, right?" Yun Qiao tilted her head and thought for a while before saying.

"Well, if it's just these pieces of evidence, I can take this case and give it a try.

However, the corroborating relationship between Lan Yongfei's previous guilty confession and other evidence can further confirm that the three families of Miao Province were employed by Lan Yongfei to commit murders. The specific performance is:

1. Lan Yongfei’s guilty confession is consistent with Miao Shengsan’s confession and other evidence in some details.

Lan Yongfei made two guilty confessions in the early stages of the investigation. In some iconic details, they can be mutually corroborated with Miao Shengsan's confession, and they are highly credible. The specific performance is:

1. Lan Yongfei’s confession that he instructed Miao Shengsan to take away the victim’s bag and pretend to commit robbery and murder after committing the crime is consistent with Miao Shengsan’s confession.

2. Lan Yongfei’s confession that he and Miao Shengsan visited places near the scene two days before the crime is consistent with Miao Shengsan’s confession and the surveillance video around the scene.

2. Lan Yongfei’s guilty confession contains details of the crime that are difficult for outsiders to grasp, and all of them are confessions first and evidence later, which has strong probative power. Specifically:

1. Lan Yongfei’s motive for committing the crime was first revealed by himself, and was later confirmed by the evidence in the case. Miao Shengsan did not know the real reason why Lan Yongfei hired him to kill the victim Ren Mengyuan, and the public security organs did not know the specific reasons why Lan Yongfei committed the crime. "When Zhou Ying said this, Yun Qiao interrupted her.

"Then what was the defendant's real motive for committing the crime? Wasn't it because he was in love with someone else? What a hatred!" Yun Qiao asked curiously.