Lawyer's character

"Okay, let's discuss this issue here first. It's good for everyone to express their opinions. Let's discuss the next question: The defendant Zhou Yue'e injected pesticides into the loofahs grown in the victim's vegetable garden. How should this behavior be characterized?" Hua Liancheng didn't want everyone to dwell on the first question anymore, so he directly changed the topic to the second question.

"As usual, let me first talk about the results of our internal discussions. Basically, we have two opinions:

First opinion: The defendant poisoned and killed someone to vent his personal anger. The object of the infringement was a specific object, and the object of the infringement was the specific victim Wang Xiuqin’s right to life and health. Therefore, the crime in this case should be classified as intentional homicide.

Second opinion: The defendant injected pesticides into the loofahs grown in the victim's vegetable garden. Although the defendant initially only aimed to kill the victim, because the loofahs grew outdoors, they were very likely to be picked and eaten by his relatives, friends or other villagers, resulting in an unspecified majority. Therefore, the defendant's behavior threatened public safety and should be convicted according to the crime of releasing dangerous substances.

I agree with the first opinion, which is to classify the crime according to the crime of intentional homicide (attempted). "Lawyer Zhao said. Such a characterization is undoubtedly the most beneficial to the parties involved, and it is also Lawyer Zhao's defense plan.

"I support the second opinion. Because the vegetable gardens of every household in the village are open, it is very common for villagers to pick vegetables from each other's gardens. Therefore, the defendant's poisoning behavior imperceptibly threatened the life safety of unspecified people and should be It is classified as a crime of releasing dangerous substances," Lawyer Xing said.

Everyone could see that Lawyer Zhao and Lawyer Xing had diametrically opposed opinions. Fang Yi was curious whether they would argue when they met each other.

"Let me tell you my opinion first. According to the provisions of Articles 1 and 2 of the "Amendment to the Criminal Law of the People's Republic of China (3)", the so-called crime of releasing dangerous substances refers to the intentional release of poisonous, radioactive and infectious pathogens. and other substances, endangering public safety.

Regarding this case..., Lawyer Fang, what do you think? "Professor Shang kicked the ball to Fang Yi.

Don't wait for this, just say what you say, why are you pushing it on me? What does this mean? Fang Yi looked at Professor Shang with a puzzled expression.

"What I mean is that you have rich practical experience as lawyers, unlike us who spend all day doing theoretical research in school, so I want to hear your opinion." A trace of embarrassment flashed in Professor Shang's eyes.

"So what..., in judicial practice, the characterization of some cases where dangerous substances are released for the purpose of killing a specific few people is indeed easily controversial. I think this is the case in this case."

Fang Yi hated Professor Shang in his heart, and thought to himself: Professor Shang, you are underestimating your talents in theoretical research. You should be engaged in football. You are playing football so excitingly.

“I think if the act of releasing dangerous substances, in addition to the specific purpose (killing a specific few people), may also threaten or endanger the lives and health of other unspecified people, and the perpetrator is aware of this, it means that the perpetrator If there is a mentality of allowing consequences that endanger public safety to occur, then the perpetrator's behavior of throwing dangerous substances is an imaginary crime of the crime of (indirect intentional) dropping of dangerous substances and (direct intentional) intentional homicide. According to the imaginary crime, he will be punished from the first level. In accordance with the principle of "break", he should be punished for the crime of releasing dangerous substances.

The defendant and the victim in this case have been neighbors for many years. I come from the countryside. The village where the crime occurred is not far from my hometown. Villagers in the village generally have frequent exchanges with each other. Each family places a vegetable next to their private land or homestead outdoors. On the ground, some fruits and vegetables are planted. Although they are mainly used for home consumption, the possibility of being picked and eaten by neighbors or used to entertain visitors is not ruled out. This is also a local custom.

The defendant has lived in the village for many years and cannot be ignorant of the local customs and habits. She should be very clear about the possible harmful consequences of poisoning. Therefore, before the defendant injected pesticide into the loofah, she was already aware of the possibility of poisonous loofah being poisoned. Other unspecified people have corresponding knowledge about consumption.

Therefore, in addition to the direct intention to kill the victim, the defendant also had the indirect intention to allow consequences that endanger public safety to occur. Therefore, this case should be classified as a crime of throwing dangerous substances. "Fang Yi said.

Half an hour later, the seminar ended and Fang Yi returned to his workstation. Wan Kefa hummed a little tune and returned to the office, and Hua Liancheng chased after him soon.

"Lao Hua, what do you think? Our lawyer Fang can do it!" Wan Kefa sat on the sofa with his legs crossed and said proudly.

"Lao Wan, where did you buy Lawyer Fang? Give it to me! You also know that the criminal department of our team is relatively weak and not as strong as yours..." Hua Liancheng said with a smile.

"It's not easy! Lao Hua, I finally gave in! Lawyer Fang was the one you gave me as a gift when your team merged with Gu Datong's non-litigation team at Jinshi Law Firm. The lawyers were full, and you had to fight to the death. He and two other lawyers gave it to me, and now he wants to go back, but there is no way, so I have to keep him to atone for his sins." Wan Kefa said proudly.

"Then I can take back what I said before. It's okay! I didn't have a place at the beginning, but now I have a place in my team." Hua Liancheng said cheatingly.

"Estoppel, don't you understand?" Wan Kefa said with a straight face.

"You can do it!... You're cruel! Lawyer Zhao may not lose the case just now, just wait and see the result!" Hua Liancheng said.

"Okay, I'll wait! I won't give it away!" Wanke Fapi said with a smile.

On Saturday morning, Cao Xiaohui sat in front of the dressing table and looked at herself in the mirror, as if she were seeing a stranger. Several days of insomnia and anxiety had caused her skin to lose its former luster and her eyes to become dull. The bags under his eyes became more and more obvious, and his hair fell out in handfuls.

The negotiation with the state-owned enterprise failed. The other party initially lowered the price for acquiring the equity. After constant negotiations (making compromises), Mr. Jin finally agreed to sell the company's equity at a low price. However, the day before signing the agreement, the higher-ups issued a statement. The transaction was terminated.

This sudden change made Cao Xiaohui feel uneasy. Is this a sign that a storm is coming? She is the financial director and knows the company's financial situation well. The company's bad debt rate is extremely high now. She sees people coming in and going out prosperously, but in fact, she has already been unable to make ends meet, and she has begun to demolish one wall to pay for the other.

Although Mr. Jin kept telling her that he had found an investor and was negotiating with her, Cao Xiaohui knew that given the company's current situation, no one would invest or take over. With nine lids and ten jars, there will always be a day when it can't be covered, and Cao Xiaohui speculates that that day is not far away.