Lawyer's character

After Butcher Zheng and Shi Jinsuo came under the bridge, Butcher Zheng held a machete and gestured for a long time. He didn't know where to cut. He was good at killing pigs. It was really a big girl's first time to do this.

Shi Jinsuo had no idea, so he casually motioned for him to cut off his legs from the knees down to the ankles. Butcher Zheng, who had drank half a bottle of white wine to strengthen his courage, chopped off the two knives in fear. After finishing the work, he cut off Shi Jinsuo's feet shivering. He put it into a prepared plastic bag, threw the machete into the river under the bridge, and then drove away from the scene. On the way, Butcher Zheng discarded the two severed feet.

Shi Jinsuo called for help after Butcher Zheng left. He was spotted by the people passing by the bridge and called the police. Then Shi Jinsuo was sent to the hospital by Yaoyaoling policemen for rescue.

Afterwards, Shi Jinsuo reported the case to the public security organs and the insurance company, falsely claiming that his feet had been chopped off during a robbery by two masked men, and applied for an insurance claim.

Shortly after Shi Jinsuo applied for a claim from the insurance company, the public security agency found the vehicle involved through surveillance, and immediately solved the case and arrested Butcher Zheng. Butcher Zheng simply poured the beans into a bamboo tube and dumped them all.

After forensic identification and disability assessment, Shi Jinsuo's injuries were serious, and his disability was assessed as level three. He was hospitalized in the county hospital and city hospital for a total of 21 days, and spent a total of more than 10,000 yuan in medical expenses.

Butcher Zheng’s daughter-in-law, Gao Yulan, didn’t know these things at first. Butcher Zheng told her before she was arrested.

"You cut off your legs for more than 500,000 yuan in insurance compensation?" Fang Yi's eyes widened and he looked at Gao Yulan in surprise.

Gao Yulan nodded: "Our Zheng Zhen is a fool. He was asked to chop, but he did it. Now he has been arrested, and Shi Jinsuo's family came to my house to cause trouble again, threatening not to pay 500,000 yuan in compensation. This matter is not over yet." , I can’t live this life..."

Seeing Gao Yulan start to cry and scream again, Mei Xiaoting hurriedly sat next to Gao Yulan to comfort her.

Fang Yi tried to persuade the other party a few times but had no effect. He felt tired and said with a straight face: "Ms. Gao, if you keep crying like this, I have no choice but to go home from get off work. Let's make an appointment another day."

"What do you mean? I paid for the consultation." Upon hearing this, Ms. Gao immediately stopped crying, raised her eyebrows and asked, looking at her posture, she almost rolled up her arms and sleeves to fight.

"Yes, what we charge is a consultation fee, not a crying fee. If you cry for three days and three nights, will your father-in-law be brought back to tears, or will you be able to bring down the Great Wall?

So if you stop crying, let's get down to business. If you still want to cry, you can only make an appointment next time. what do you think? "Fang Yi asked without fear.

"I'm consulting, and I'm consulting now. Just tell me, I'm listening." Gao Yulan is not here to quarrel, but to consult and solve problems, so she is not stupid enough to understand clearly.

"Judging from what you just said, your husband is most likely guilty of intentional injury. The other party requires your family to compensate 500,000 yuan. I'm afraid the court will not fully support this. The court will determine the amount of compensation based on the degree of fault of both parties, but there is a high probability that it will not be the case. There will be such a high amount." Fang Yi said.

"I asked the county lawyer to go to the detention center to see my husband. The lawyer came back and said that my husband was suspected of insurance fraud and intentional injury. According to your opinion, my husband should not be guilty of insurance fraud?" In Gao Yulan's view, there is one more crime. Having one more crime will be detrimental to my husband. One crime is better than two, and my husband will spend less time in prison.

"Well, how should I put it? Each lawyer considers the case from a different perspective, and the results of the analysis will naturally be more or less surprising. It's just like going to two hospitals to see the same disease, and sometimes the diagnosis results will be different. same.

As far as your husband's case is concerned, I personally think that the intentional harm committed by your husband will most likely be regarded by the procuratorate as an accessory to the crime of insurance fraud. However, this does not mean that your husband must be charged with the crime of insurance fraud. Convicted and sentenced, and punished concurrently with the crime of intentional injury.

In fact, your husband only committed one act, which was to help Shi Jinsuo commit self-mutilation. Because this act has two different properties at the same time (that is, on the one hand, it intentionally harms the health of others, and on the other hand, it creates conditions for Shi Jinsuo to commit insurance fraud), it violates the crime of intentional injury and the crime of insurance fraud. This is an imaginary crime of competition.

According to the imaginary principle of punishing joint offenders from one felony to another, it is obvious that your husband should only be convicted of intentional injury, and should not be punished with intentional injury and insurance fraud.

Can you understand my explanation? Fang Yi asked, seeing Gao Yulan's eyes a little confused.

Gao Yulan shook her head in confusion.

"Well, what I just said was too professional. Let me put it bluntly. Although your husband's behavior may constitute an accessory to the crime of insurance fraud, he should still be punished according to the crime of intentional injury.

Because the subject of the crime of insurance fraud is a special subject, according to Article 198 of the Criminal Law, only the policy holder, the insured or the beneficiary is the subject of the crime of insurance fraud. If the policy holder or beneficiary intentionally causes the insured to become disabled and defrauds the insurance money, this constitutes the crime of intentional injury and the crime of insurance fraud, and shall be punished for both crimes.

Your husband is neither the policy holder nor the beneficiary, so I personally think he can only be guilty of intentional injury. "Fang Yi said.

"Oh, I understand this time. How many years will my husband be sentenced?" Gao Yulan continued.

"I can't say how many years the sentence will be. However, Shi Jinsuo was seriously injured. According to regulations, your husband's sentence should be between three years and less than ten years in prison. If you can obtain a letter of understanding from the other party, the court will consider it when sentencing." Fang Yi said.

"Letter of understanding! How much should my family compensate the other party? Although my family has some money, I can't stop the other party from opening his mouth!" Gao Yulan cried bitterly.

"It's really hard to say. It depends on the other party's expenses and division of responsibilities. I think if the court decides, it shouldn't be able to give you that much. But if you mention the letter of understanding to the other party, the other party will definitely take this opportunity to knock you down. One stroke." Fang Yi thought for a moment.

"Let's forget it. It's impossible to be acquitted after getting the letter of understanding anyway. I have to think about my children and my future life." Gao Yulan said after a moment of silence.

"Are you planning to entrust us to represent your husband in this case?" Fang Yi asked.

"Well, I want to think about it again." Gao Yulan said.

"Okay, please think about it and send us the letter as soon as possible." Fang Yi said.

"My husband really can't plead not guilty?" Gao Yulan asked before going out.

"This is difficult. I can only plead guilty to lesser crime." Fang Yi shook his head.

After Gao Yulan left, Mei Xiaoting muttered on the way back to her work station: "This woman is so cruel. Her husband is about to go to jail, and he is not willing to spend money to buy a letter of understanding."