Lawyer's character

Ding Dashan's intentional injury case finally came to court.

In the 11th Tribunal of the Intermediate People's Court, the presiding judge has banged the gavel, the trial has officially begun, and the prosecutor is reading out the indictment.

Ding Dashan was sitting in the defendant's box, his expression a little dull, and he didn't know what he was thinking. There were only a few people in the auditorium, and Ding Wanqiu was sitting among them.

"Defendant Ding Dashan, male, born on April 21, 1954, ID number.... On suspicion of intentional injury...

After accepting the case, this court informed the defendant of his right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment. He interrogated the defendant in accordance with the law and reviewed all case materials.

After legal review, it was found that:

The victim Zhou Long was the son-in-law of the defendant Ding Dashan. The defendant Ding Dashan had a dispute with the victim Zhou Long over the divorce of his daughter and son-in-law. The victim Zhou Long climbed over the wall and entered Ding Dashan's house. Then he tore with the defendant Ding Dashan in the courtyard with his bare hands. Ding was Dashan stabbed him in the chest with a knife, and the victim died on the way to the hospital for treatment. After identification, the victim Zhou Long died of acute massive blood loss due to the puncture of the aorta and right atrium.

Ding Dashan called the police after the incident and was arrested by the police at the crime scene. After arriving at the case, he truthfully confessed the crime.

The evidence to establish the above facts is as follows:

1. Household registration certificate, no criminal record certificate, etc.;

2. Defendant Ding Dashan’s confession and defense;

3. A sharp knife as a crime tool;

4. Autopsy report.

The above-mentioned evidence collection procedures are legal and the content is objective and true, which is sufficient to determine the facts of the accusation. The defendant Ding Dashan had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court held that the defendant Ding Dashan stabbed the victim Zhou Long with a sharp knife, causing his death. His behavior violated Article 234 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. It should be determined as intentional. He will be held criminally responsible for the crime of injury. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law.

Chief Judge, the indictment has been read out! " said the male prosecutor sitting opposite.

The indictment did not mention anything about excessive defense. Fang Yi finally understood that this was the plan to put Ding Dashan behind bars.

"Defendant Ding Dashan, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the charges and criminal facts charged in the indictment?" The presiding judge looked at Ding Dashan and asked.

"No objection!" Ding Dashan looked up at the presiding judge and said.

"The public prosecutor can interrogate the defendant regarding the criminal facts charged in the indictment," the presiding judge said.

"Okay, presiding judge. What are the defendant Ding Dashan and the victim Zhou Long, your son-in-law, doing at your house at night?" asked the male prosecutor.

"He wanted to find my daughter Ding Wanqiu. I told him that my daughter was working the night shift that night and was not at home." Ding Dashan said.

"Then what?" the male prosecutor asked.

"He didn't believe me and kicked the door of my house. When I didn't open the door, he climbed over the wall and entered my yard. I was afraid that he would hurt my family and snatch my children, so I went to the house and got a sharp knife.

Later, he jumped into the yard, grabbed me by the collar, and the two of us started fighting. I don’t know what happened, but the knife stabbed him in the chest. Later, he fell to the ground and I called the police..." Ding Dashan lowered his head and recounted the incident.

"Presiding judge, I'm done asking questions," the male prosecutor said.

"Does defendant Ding Dashan's defender need to ask questions to the defendant?" The presiding judge looked at Fang Yi.

"I need to ask a question." Fang Yi raised his head and said.

OK! The prosecutor did not ask any questions about the previous matter, and only focused on the intentional injury causing death. This intention is too obvious. It is obviously detrimental to the defendant Ding Dashan!

"Defendant Ding Dashan, did the victim Zhou Long come to your home before the incident?" Fang Yi asked.

"I've been here before. He came four times in total before the incident. Every time he came, he would make a big fuss. Once he made such a fuss that he broke several pieces of glass on the door and window of my house and almost hurt someone. I didn't dare to come back when he came again. Let him in again and call the police," Ding Dashan said.

"On the night of the incident, the victim Zhou Long came to your house again. Why did you go get a sharp knife?" Fang Yi asked.

"It was already past nine o'clock in the evening. He made a big fuss and kicked the door of my house. When I didn't open the door, he climbed up the wall, sat on the top of the wall and hit me with stones from the wall.

At that time, there were only my wife, me, and two children at home. I was afraid that Zhou Long would hurt my family, so I ran back to the house and got a sharp knife. "Ding Dashan said.

"Did you warn the victim when he kicked in the door and climbed the wall?" Fang Yi then asked.

"I warned him, but he didn't listen and even called me an old man." Ding Dashan said.

"Presiding judge, I'm done asking!" Fang Yi looked at the judge and said.

"The following is the presentation of evidence and cross-examination..." the presiding judge said.

Fang Yi had no objection to the evidence provided by the prosecutor, and neither did Ding Dashan. It is a fact to injure someone with a knife and cause death. There is nothing to defend. Fang Yi focused his defense on over-defense. Only over-defense could spare Ding Dashan a few years of punishment.

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "The chief judge said.

"...The prosecutor believes that based on the relationship between Ding Dashan and Zhou Long and the specific circumstances of the case, Zhou Long's illegal behavior has not yet reached the level that Ding Dashan must defend and stop by stabbing with a knife. Ding Dashan's behavior is not defensive in nature and does not belong to Overly defensive.

Ding Dashan truthfully confessed the main criminal facts after voluntarily surrendering. He surrendered and could be given a lighter punishment in accordance with the law. Ding Dashan's behavior constituted the crime of intentional injury. We recommend that he be sentenced to fifteen years in prison. "The male prosecutor said.

It can be seen that he had expected that Fang Yi would raise the reason of excessive defense and ask the court to reduce the punishment of Ding Dashan, so he denied the reason of excessive defense in advance and blocked Fang Yi's defense opinion.

When he heard the prosecutor recommend that he be sentenced to fifteen years in prison, Ding Dashan's eyes were a little straightened, and he thought to himself: It seems that was not what he said at the beginning, why did he change his mind temporarily? So unkind.

"The defendant defends himself," the presiding judge said.

"I stabbed Zhou Long, and his death had something to do with me, but I did it to protect my family..." Ding Dashan was a little incoherent at the end and was stopped by the presiding judge.

"The defender expressed his defense opinion," the presiding judge said.

"The defender believes that defendant Ding Dashan's behavior was excessive defense. The reasons are as follows:

First, the victim Zhou Long’s behavior was an ongoing illegal infringement.

Ding Wanqiu, the daughter of the defendant Ding Dashan, was married to the victim Zhou Long. Because Zhou Long was addicted to gambling, Ding Wanqiu had no choice but to request a divorce and took her child back to live with her parents.

At about nine o'clock on the night of the incident, the victim Zhou Long came to Ding's house. His behavior clearly did not belong to the time and manner of visiting his children. Therefore, after Ding Dashan refused to allow him to enter the hospital, he climbed up the wall and jumped into the hospital. His behavior was illegal trespassing. Residential.

After that, Zhou Long first threw stones from the wall at the defendant, and then jumped into the courtyard and started tearing up the defendant Ding Dashan. His behavior violated Ding Dashan's personal rights. It can be seen that Zhou Long's behavior is an ongoing illegal infringement.

Second, defendant Ding Dashan’s behavior was justified in defense.

The victim Zhou Long's behavior showed an escalating trend from making noise to intruding into the house and violating the person's body, which is dangerous to a certain extent. Zhou Long committed the infringement at about 9 p.m., and his behavior had a certain degree of urgency. Zhou Long had gone to the defendant Ding Dashan's house many times to cause trouble before. Ding Dashan called the police for help but never intended to fight with Zhou Long. At the time of the incident, Ding Dashan prepared the sharp knife in advance for the purpose of defense, so his counterattack was justified in defense.

Third, Ding Dashan's defensive behavior exceeded the necessary limit and caused the death of the victim, which was excessive defense.

The victim Zhou Long came to the house to cause trouble because he did not want to divorce and hoped to continue living with Ding Dashan's daughter. This is very different from the possible revenge after divorce.

The victim Zhou Long rode on the wall and threw stones, and then jumped into the courtyard to fight with the defendant. However, the overall situation was still within the scope of the riot. The violation of Ding Dashan's personal rights was still minor and did not endanger Ding Dashan and his family. Obvious danger to health or life.

Ding Dashan had room to continue to deal with, comfort, and wait, but he chose to use a knife and directly stabbed Zhou Long's vital parts during the tearing process, which ultimately caused Zhou Long's death from serious injuries.

To sum up, there is a clear gap between Ding Dashan's defensive behavior in terms of defense results and the rights protected, and his behavior should be deemed as excessive defense.

According to the second paragraph of Article 20 of the Criminal Law of the People's Republic of China, if legitimate defense clearly exceeds the necessary limit and causes serious damage, the person shall bear criminal responsibility, but the punishment shall be reduced or exempted. Ask the court to reduce the punishment of the defendant in accordance with the law. complete. "Fang Yi said.

Ding Dashan's behavior clearly exceeded the necessary limit of legitimate defense, and the innocence defense will definitely not be accepted by the court. If Fang Yi blindly avoids the important and takes the easy, it is likely to arouse the judge's resentment, and it will not be conducive to the judge's sentencing of Ding Dashan.

In this case, it is better to seek truth from facts and rely on defense. Maybe Ding Dashan can be sentenced to a few years less. This is Fang Yi's true thoughts.

…

"Now the court session will continue and we will ask the bailiff to bring the defendant Ding Dashan to court. This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

… Ding Dashan’s act of stabbing Zhou Long with a sharp knife, resulting in his death, was not defensive in nature and did not constitute excessive defense; Ding Dashan truthfully confessed the main criminal facts after voluntarily surrendering, which was a surrender and could be given a lighter punishment in accordance with the law. Ding Dashan committed the crime For the crime of intentional injury, he was sentenced to fifteen years in prison and deprived of political rights for five years..." the presiding judge said.

Fang Yi felt a chill in his heart. The collegial court did not accept his defense opinion. He was sentenced to fifteen years in prison. Ding Dashan might never come out again if he goes in this time. No! There is still a chance to appeal, and appeal is the last chance.

After hearing the verdict, Ding Wanqiu in the auditorium slumped down in his chair, heartbroken, and burst into tears.

She didn't even know how she walked out of the court, and all she could think about was "fifteen years."

Fang Yi had strong objections to the first-instance verdict.

Although he is a lawyer, he disagrees with some provisions of the criminal law. Take this case as an example. Excessive pursuit of the legitimacy of the behavior will inevitably ignore the protection of personal property rights. Is it illegal to invade a residence? The master can only make feeble verbal protests, but can't he fight back?

As the old saying goes: There is no good way to fight with others. Once you fight back, who can control it if you really get angry? If it exceeds the "degree" of what you do, it will constitute excessive defense (or it will be directly deemed as intentional injury), and you will be punished. Fang Yi didn't believe that anyone could control his behavior under such circumstances.

Fang Yi was dissatisfied with the first-instance verdict from the bottom of his heart. Did he really wait until Zhou Long grabbed the sharp knife and injured a whole family before talking about self-defense? The law is lagging behind, but stopping the development of illegal activities and protecting personal safety and property safety should be the first priority.

In the conference room of the law firm, Fang Yi looked at the sluggish Ding Wanqiu opposite him and didn't know how to comfort her.

"Lawyer Fang, you just said you would appeal. Can you win the appeal?" Ding Wanqiu looked at Fang Yi expectantly.

"Appeal is the only way out. I can't promise you anything, but I will try my best. I don't believe that the judges of the High Court will rule like this." Fang Yi was unconvinced. This case can obviously be handled as excessive defense, why not recognize. He was also holding back the energy in his heart and wanted to appeal and overturn the verdict.

"Well, let's give it a try. What about the legal fees?" Ding Wanqiu said feebly.

To be honest, Ding Wanqiu's trust in Fang Yi has been compromised in her heart. Before, she felt that if Fang Yi acted, her father would not be sentenced for too long even if he was sentenced. But now that the first trial has lasted fifteen years, if the second trial upholds the original verdict, Her old father was already sixty-eight years old, and if he had to squat for another fifteen years..., she did not dare to think about it any more, and accepted Fang Yi's suggestion with the attitude of treating a dead horse as a live doctor.

"The second-instance lawyer's fee is 10,000 yuan. Just pay it before the trial." Fang Yi said.

He wanted to test whether his judgment was correct. He needed the judgment of the second instance to support his judgment and support his confidence. So even if Ding Wanqiu bargained with him and asked for a reduction in legal fees, Fang Yi would agree. He is also under great pressure, which comes from his professional sense of responsibility.

Xie Youhe once said that a lawyer without a sense of responsibility will not become a good lawyer, but it does not necessarily mean that he will not make money.

"Okay." Ding Wanqiu didn't say much. After signing the entrustment procedures, he left the law firm.

On the third day after Fang Yi got the court judgment, Fang Yi met with Ding Dashan with the appeal petition. Ding Dashan acted relatively calmly. The court had already ruled and he had nothing to say. Appealing was his only hope. So he quickly agreed to Fang Yi's plan.

After coming out of the detention center, Fang Yi went to the Intermediate Court, submitted an appeal, and then waited for notification from the High Court.

Today I will write another 10,000 words, full of sincerity! Please ask for monthly votes, recommendation votes, and collections!