Lawyer's character

(Paragraph 2 of Article 63 of the Criminal Law stipulates that although criminals do not have the mitigating circumstances stipulated in this law, according to the special circumstances of the case and with the approval of the Supreme People's Court, they may be sentenced to a penalty below the statutory penalty.)

“I think this clause is really not applicable in this case.

Li Daolin deliberately injured the victim's body by punching and kicking him, causing his death. There is no doubt that his behavior constituted the crime of intentional injury.

As for the cause of death of the victim... the forensic autopsy opinion issued by the Physical Evidence Appraisal Office of the Municipal Public Security Bureau submitted by the prosecutor at the first instance was an appraisal made in accordance with the law by appraisers with legal and valid appraisal qualifications. The appraisal process was objective and the procedures were legal.

If there is no contrary evidence, the above appraisal opinions can be used as the basis for finalizing the case. It is difficult to overturn the verdict based solely on a third-party review opinion. Moreover, the opinion letter issued by the third party was provided by the defendant’s family. Compared with the appraisal opinion issued by the Physical Evidence Appraisal Office of the Municipal Public Security Bureau, the court will definitely accept the appraisal opinion issued by the Physical Evidence Appraisal Office of the Municipal Public Security Bureau.

In addition, from the perspective of substantive elements, it is clear that Li Daolin violently hit the victim's head and face, and the evidence is indeed sufficient; from the identification conclusion, although the thickness of the blood vessel wall at the base of the victim's brain is uneven, some have vitreous degeneration. , but no malformation, aneurysm or rupture was found in the basilar artery ring with the naked eye; Li Daolin’s injurious behavior and the victim’s death were more directly and closely causally linked.

To put it bluntly, Li Daolin's blow to the victim's head was the main cause of the defendant's death. There is no way to apply the special circumstances specified in Paragraph 2 of Article 63 of the Criminal Law. "Fang Yi said.

Fang Yi talked a lot, and Liu Fang was confused. She rarely does criminal cases, and she only relies on her mouth to handle cases. Her professional ability is really weak, but she understood the final conclusion and wanted to impose a penalty below the statutory penalty. Can't do it.

"Then...this case is hopeless?" Liu Fang opened her mouth and finally said: "Lawyer Fang, you are a doctor of criminal law and have done so many criminal cases. You can count the innocence defense cases on both hands... ..., let’s do this, in addition to the commission your team gives you, I will give you another 50,000 privately, and you must have a way to reduce the defendant’s sentence by two years, how about that?”

"This... I really can't help you!" Fang Yi thought: You stole the donkey and asked me to pull out the prongs, how can such a good thing happen! The case was messed up, you slapped your ass and ran away, leaving me to take the blame, grandma! I'm not going to be fooled by you.

"Okay!" Seeing that Fang Yi didn't spit out his words, Liu Fang had no choice but to pack up the case files and go out.

Fang Yicai didn't care what she thought. She wasn't the one who paid her salary anyway, so do whatever you want!

Fang Yi returned to his work station with a relaxed expression. Seeing that he didn't have the case file in his hand, Xie Youhe smiled and said, "The case has been returned?"

"Well, I think that case is too risky. First, judging from the case file materials provided so far, it is unlikely that the second instance court will change the verdict; secondly, the defendant's family is very difficult to deal with. Once the second instance upholds the original verdict, the defendant There is a high probability that family members will come to make trouble," Fang Yi explained.

Now that Xie Youhe asked, Fang Yi felt that it was necessary to make it clear to him, lest Lao Xie think that he had a problem with Liu Fang and deliberately refused to accept the case given by her.

"Yes, I understand." Xie Youhe nodded.

He knew that if Fang Yi said that this case was hopeless, there was basically no room for overturning the case. Currently, Fang Yi was the best in the criminal field within the team, and Xie Youhe had no reason not to believe him.

When he got off work in the evening, Fang Yi felt uncomfortable all over and was going to take a bubble bath in Huihuang. As soon as he entered the gate, he caught up with Li Shuming and walked out.

"Old Fang, I was just trying to talk to you, so you came." Li Shuming said with a smile.

"What's wrong? Is something wrong?" Fang Yi was startled and looked at Li Shuming. Judging from his appearance, it should be a good thing.

"I'll go out first, you leave later, and we'll talk tonight." After Li Shuming finished speaking, he went out in a hurry.

After taking a bath, Fang Yi was lying on the sofa in the hall watching a movie. Li Shuming came back and found him in the office.

"How does it feel to be a lawyer in the city?" Li Shuming took out a cigarette and threw it to Fang Yi on the sofa.

"It's good. The salary is higher than in the county, and the commission on legal fees is also higher than in the county." After Fang Yi finished speaking, he lit the cigarette and pulled the glass ashtray on the big coffee table closer: "What's the matter?"

"I'll introduce you to a case. A supplier who delivered fruit to our Huihuang. His surname is Zeng Xueqin. He beat someone up some time ago." Li Shuming said.

"Oh, what was the result of the beating? Minor or minor injuries?" Fang Yi asked.

"People are dead!" Li Shuming said.

"Dead?! What happened?" Fang Yi was startled and asked.

"I'm not sure about the details. I'll ask his wife to find you later. Lao Zeng has been memorizing words in recent years. First, his wife was hit by a car and stayed in the hospital for more than half a month. As a result, his wife was just discharged from the hospital. , this happened to him again. Remember it!

Yesterday, Zeng’s wife came to me and asked me to help find a lawyer who specializes in criminal matters. The first thing I thought of was you. If you happen to come over today, let me tell you.

You can pay as much as you want for the lawyer's fees. You don't need to look at my face. Lao Zeng has always been in the fruit business and his family is not short of money. They only have two Mercedes-Benz cars. They just bought a three-bedroom apartment near the train station last year. If it weren't for the tight policies on buying houses in Beijing, I would have bought real estate in Beijing long ago. "Li Shuming said.

"Is the fruit business so profitable?" Fang Yi asked in surprise.

"What do you think? He is a wholesaler, not a small retail hawker. He has a stall in Xinfadi, Beijing, which is always managed by his brother-in-law. I heard that the purchase of goods depends on the carriage. How much money does it cost in a year? 100 million, of course the net profit is relatively low, only 3 to 5 million.

Many of the fruit stalls in our city get their products from him. He is a very friendly and righteous man, but he has one bad thing: he has a bad temper. A few years ago, in order to stand up for my brother, I beat him up. I spent a lot of money and was sentenced to six months in prison. Just a few years after I became stable, this happened again. Li Shuming said while leaning on his desk with a cigarette in his mouth.

"I didn't expect selling fruits could be so profitable." Fang Yi opened his mouth and exclaimed.

"The top scholar in the industry, I used to have a little brother who worked as a foreman in Huihuang. Later, his sister asked him to go to the capital to do business. It is said that he specializes in selling mushrooms.

After working for two years, he and his sister borrowed some money to buy a truck to wholesale mushrooms to counties in the outer suburbs of Beijing. Now that guy has bought a building in the capital and a two-bedroom apartment in the city. How awesome! "Li Shuming smiled.

"Wocao, that's okay!" Fang Yi was dumbfounded.

"I didn't have a loan. I bought it all with hard-earned money. In his words, there is no need to work for a bank." Li Shuming said.

Fang Yi was speechless and started smoking. It's hard work! Who doesn’t earn hard-earned money?