Lawyer's character

"The defendant Zeng Xueqin, male, born on February 1, 1970, ID number... was criminally detained by the Municipal Public Security Bureau on August 30, 2014 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:

On August 29, 2014, at around 5 pm, the defendant Zeng Xueqin had a quarrel with others because of his lover Yuan Fang. The victim Chen Zhihong stepped forward to dissuade her. Yuan Fang misunderstood him and the fight broke out. Later, the defendant Zeng Xueqin arrived. , seeing his lover fighting with Chen Zhihong, he rushed up and punched the victim Chen Zhihong on the chest and head.

Later, when Zeng Xueqin saw that Chen Zhihong was desperate, he ran away. During the pursuit of Zeng Xueqin, Chen Zhihong fell to the ground and died after treatment failed.

It was identified that the victim, Chen Zhihong, had a coronary heart disease and died suddenly due to a coronary heart attack caused by a variety of factors including being agitated during an argument, being hit on the chest, strenuous exercise, and drinking alcohol. The cardiac arrest was caused by tubular cerebral spasm.

Zeng Xueqin was arrested by the police after the incident. After arriving at the case, he truthfully confessed the crime.

The evidence to establish the above facts is as follows:

1. Household registration certificate and criminal record certificate;

2. The defendant Zeng Xueqin’s confession and defense;

3. Parking lot video;

4. Appraisal 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 Zeng Xueqin had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court held that the defendant Zeng Xueqin had a quarrel with his lover and the victim Chen Zhihong, so he hit Chen Zhihong on the chest out of revenge, causing his death. His behavior violated Article 234 of the Criminal Law of the People's Republic of China and was a crime. The facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for intentional 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! "Inspector Xiao finished reading and put down the indictment.

Fang Yi secretly calculated in his mind. It seemed that his previous speculation was correct. Seeing this, the sentence recommended by the procuratorate would not be less than ten years.

"Defendant Zeng Xueqin, 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 said coldly.

"No objection!" Zeng Xueqin raised his head 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 is the relationship between the defendant Zeng Xueqin and the victim Chen Zhihong and you?" Prosecutor Xiao asked.

"We both sell fruit in the market, so we have a normal relationship," Zeng Xueqin said.

"According to the transcript of the inquiry to the market management department, you two are the two largest fruit wholesale companies in the market. You are in a competitive relationship, and the relationship has never been very good. The defendant Zeng Xueqin, are these facts true?" Prosecutor Xiao the member asked.

"The situation is true. Although our relationship is not very good, we run the fruit company for money. There is no deep hatred, just envy and jealousy. This is normal. Whoever has money will not be envied and jealous by others. Our two families still do things very well. He is well-behaved and will not do dirty things, otherwise he would not be able to do such a big business." Zeng Xueqin said.

"Presiding Judge, I'm done asking." Inspector Xiao saw that the other party was not taking the trap, and there was no point in asking further, so he terminated the interrogation.

Inspector Xiao, what do you mean by this? Do you want to change intentional injury to intentional revenge killing? This was an attempt to mislead the judge. Fang Yi couldn't help but feel chills running down his spine. Thanks to Mr. Zeng's cleverness, he didn't go along with what he said.

"Does the defendant Zeng Xueqin'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, "The defendant Zeng Xueqin, did you know that Chen Zhihong had coronary heart disease before the incident?" Fang Yi asked.

"I don't know. We are both busy on our own and seldom communicate with each other." Zeng Xueqin said.

"What were you doing when the crime occurred and what did you see?" Fang Yi asked.

"Before the incident, my wife called me and told me that she was almost at the parking lot and asked me to go to the parking lot to find her. After I took care of my things, I went to the parking lot. When I was almost at the parking lot, When he saw someone fighting, he got close to them.

It turned out that my wife and Chen Zhihong were fighting. A grown man was hitting a woman. I was so angry that I went up and punched Chen Zhihong twice. Zeng Xueqin said.

"How many punches did you punch him in total?" Fang Yi then asked.

"I just punched him twice. I could smell the smell of alcohol all over him and his eyes were red. He must have just drank. Drinkers are not good at fighting. I didn't want to risk my life with him, so I ran away later." Zeng Xueqin said.

"Presiding judge, I'm done asking!" Fang Yi said.

…

“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 the defendant Zeng Xueqin vented his anger on his lover Yuan Fang and punched the victim Chen Zhihong in the chest and head, which eventually caused Chen Zhihong to have a coronary heart attack. He fell to the ground while chasing the defendant Zeng Xueqin and died after treatment failed.

In addition, after investigation, Zeng Xueqin was sentenced to six months in prison for the crime of seeking an opportunity to cause trouble, but it has not been completed for five years. He constitutes a repeat offender and should be severely punished.

Zeng Xueqin’s behavior constitutes the crime of intentional injury, and we recommend that he be sentenced to twelve years in prison. "Inspector Xiao said.

After Inspector Xiao finished speaking, Fang Yi looked at Zeng Xueqin and saw that he was slightly surprised, then returned to his previous demeanor. This guy has a really good attitude.

"The defendant will now defend himself." the presiding judge said.

"Chen Zhihong and I are competitors, but I have never had any intention of harming him. I never knew that he had coronary heart disease before the accident. I am willing to take some responsibility for his death. But I think the prosecutor's office recommended The sentence is too harsh. I only punched him twice. Chen Zhihong died of coronary heart disease. The entire responsibility cannot be placed on me." Zeng Xueqin said unconvinced.

Two punches and twelve years in prison! No one would recognize him if he left him alone. It was normal for Zeng Xueqin to be dissatisfied.

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

"The defender believes that this case has certain special characteristics. Although the defendant Zeng Xueqin constitutes the crime of intentional injury, he should be sentenced to a fixed-term imprisonment below the statutory penalty. The reasons are as follows:

Defendant Zeng Xueqin's chest punching of the victim Chen Zhihong would not normally result in the death of the victim. However, the harmful behavior of the boxing, combined with the victim's emotional excitement, strenuous exercise, drinking and other factors, induced a coronary heart disease attack and led to the death. happened.

The victim suffered from coronary heart disease, and the defendant Zeng Xueqin did not know it beforehand. This was an accidental factor. There was an accidental causal relationship between his previous behavior of punching the victim and the victim's death.

According to the basic principle of 'criminal responsibility appropriate' in the Criminal Law, and in accordance with the provisions of Article 63, paragraph 2, of the Criminal Law: 'Although criminals do not have mitigating circumstances stipulated in this law, according to the special circumstances of the case, With the approval of the Supreme People's Court, a penalty below the statutory penalty may also be imposed. ’

The defender consulted the cases in which the Supreme People's Court approved sentencings below the statutory penalty in recent years. The "special circumstances" referred to in the above provisions can be summarized into the following two situations:

In the first case, the victim suffered from a special serious disease, which the defendant did not know about in advance, and it was an accidental factor; in the second case, the relationship between the defendant's harmful behavior and the victim's death was purely accidental and indirect factual causation, and the victim himself Factors such as disease have an immediate and direct and absolute causal power on the outcome of death.

This case is completely consistent with the above situation, so the defender believes that although the defendant Zeng Xueqin constituted the crime of intentional injury, his behavior of punching the victim was only one of the reasons that induced the victim's coronary heart disease, and was not the main reason. In addition, according to the evidence provided by the procuratorate, the defendant has obtained the understanding of the victim's family. Therefore, the defender recommends that your court sentenced you to a fixed-term imprisonment of less than the statutory penalty, with a recommended term of one year.

The case from the Supreme Court is attached! For the reference of the collegial bench. complete! "Fang Yi said.

Fang Yi knew that the court would most likely not issue a sentence according to his suggestions, but he still had to do what he had to do. The recommended one-year sentence was discussed with Mr. Zeng, and his wife Yuan Fang could accept it.

Soon the presiding judge banged the gavel, ending the trial, and adjourned for ten minutes until the collegial panel made a decision after deliberation. Fang Yi started to pack up the documents on the table. The work of the first instance was over. As for how the court would decide, he had no control over it. He could only wait quietly and hope for a good result.

…

More than ten minutes later, the three judges entered the court one after another, and the presiding judge banged the gavel.

“Now the court will continue and we ask the bailiff to bring the defendant Zeng Xueqin to court.

The collegial panel has reached a verdict after deliberation in this case. In response to the opinions of both the prosecution and the 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:

...The victim Chen Zhihong was suffering from coronary heart disease. The defendant Zeng Xueqin did not know it beforehand. There was an accidental causal relationship between his previous boxing behavior and the victim's death. The defendant's behavior and the victim's death had a causal relationship under criminal law.

The defendant was a repeat offender who had studied diligently and should be severely punished in accordance with the law. The verdict of this court is as follows. The defendant Zeng Xueqin committed the crime of intentional injury and was sentenced to five years in prison below the statutory penalty. The verdict of this case will be submitted to the Supreme People's Court for approval step by step in accordance with the law..." the chief judge said.

Zeng Xueqin was sentenced to five years! Fang Yi felt that if Mr. Zeng was not a recidivist, he would probably have been sentenced to two or three years, but five years would be fine, but the premise was that the procuratorate would not protest and Mr. Zeng would accept it.

Thinking of this, Fang Yi looked at Mr. Zeng and saw a relaxed look on his face. He seemed quite satisfied with the result. Five years was more than half the twelve-year sentence recommended by the procuratorate.

Prosecutor Xiao, who was sitting opposite the prosecutor's seat, seemed to be in a good mood and was not hesitant about whether to protest. Of course, this was only superficial. Whether the procuratorate would agree to the content of the verdict would have to wait another ten days until the verdict came into effect.

After the court session, Fang Yi walked out of the court and called Li Shuming to tell him the verdict. Li Shuming asked him to take a bath when he was free to relieve his fatigue.

As expected, Mr. Zeng was satisfied with the verdict, and Yuanfang did not bother to appeal. Ten days later, the procuratorate did not file a protest, and the verdict came into effect.

What Fang Yi didn't expect was that a few days after the verdict came into effect, Yuan Fang actually sent Fang Yi a banner. Of course, just sending a banner was not enough. She also had ten boxes of fruit brought to Fang Yi as a token of appreciation. grateful.

Previously, Fang Yi said that Mr. Zeng’s case might be sentenced to a few years less. Yuan Fang was still a little doubtful of his ability. Now it seems that Fang Yi is still very reliable. So Yuanfang is determined to have a good relationship with him.

It is inevitable to encounter problems when doing business. Having a reliable lawyer by your side can save you a lot of trouble. This is something that Mr. Zeng specifically asked his wife to do.

In the afternoon, Wang Deyou returned to the institute wearing a thick down jacket and carrying his briefcase.

"Old Wang, are you going to court?" Fang Yi asked, seeing his tired face.

"Today this case was opened happily. A girl saved an old man who fell on the roadside. After the old man was sent to the hospital for rescue, his family members surrounded the girl and asked her to compensate for the old man's medical expenses.

The girl repeatedly stated that she was willing to help others, but her family members just didn't believe it. They complained about why she was the only one willing to help others when there were so many people on the road, and why others didn't care. It was obvious that the little girl bumped into the old man and felt guilty! "As he said this, Wang Deyou took out half a bottle of mineral water from his bag and drank it all in one gulp.

"What happened next?" Fang Yi asked. Xie Youhe on the side also looked at him holding a big tea cup.

"The girl is a high school student. Her parents were laid off from their jobs selling breakfast. They can't make much money in a month. She definitely won't do such a boring job. The girl's parents called the police, and the police came to wipe the mud on both sides, and finally let both parties go to the court to resolve it. That's it, old man The family took the girl to court." Wang Deyou said.

"I know the girl's parents. They always sell pancakes outside my neighborhood. I often buy their pancakes, so I'm familiar with them.

When I bought pancakes some time ago, the couple told me about their family affairs. I wanted to help them, so I took the case and assigned it to Lawyer Wang. The legal fees were very low, only 3,000 yuan in total. Xie Youhe took the conversation and said, "Lawyer Wang, how is the court session going?" "

“During the court session, the other party was so arrogant that they would not let them live a good life unless they paid compensation. Finally, God opened their eyes. There was a camera where the old man fell. I applied to the court and went to the traffic police brigade to have the video recorded.

The video showed clearly that the old man fell by himself, and then the girl ran over from behind, checked the situation, and called the police.

At that time, the judge asked the other party to cross-examine, but the other party refused to admit it, saying that the video was incomplete. He shamelessly asked the girl to pay for it. The judge's face was as cold as ice. In the end, the judge dismissed all the other party's claims on the spot and reprimanded them. It is estimated that the other party will have to appeal. "Wang Deyou said.