Lawyer's character

"Lawyer Fang, will I be sentenced? I still have a three-year-old child to take care of." Chen Laidi said, wiping away tears.

"From what you said, your husband has committed domestic violence against you. Do the neighbors know about your family's situation?" Fang Yi asked.

"I know, the village has mediated several times, called the police, and the police from the police station have also come, but Li Shuangxi still beat me," Chen Laidi said.

"Well, although Li Shuangxi said he wanted to chop off your feet, when you chopped him with a knife, he had nothing in his hand. Although you chopped him with a knife out of defensiveness, you chopped him into pieces after all. You were seriously injured, but you were only slightly injured, and your defense exceeded the necessary limit. So the police said that you committed intentional injury and did not unjustly accuse you. You did commit the crime of intentional injury." Fang Yidao.

After hearing what Fang Yi said, Chen Laidi immediately started crying.

"Don't worry, your case is different from other intentional injury cases, and it's not without any chance. First of all, Li Shuangxi committed domestic violence against you.

Have you ever been to the hospital to see your injuries? "Fang Yi asked.

"I went to see him. One time he was severely beaten. I lay on the kang for more than half a month before I got off the ground. By the way, I have the hospital's medical notebook, which is in the drawer of my wardrobe at home." Chen Laidi said.

"Well, did the police say that you surrendered?" Fang Yi asked.

"I told you. I surrendered," Chen Laidi said, wiping her tears.

"Well, you have surrendered. Even if you go to court, the judge will take it into consideration when sentencing. He will not give you a harsh sentence. Don't worry. I went to the procuratorate in the afternoon to review the case, and I happened to talk to the prosecutor. I would try to give you a lighter punishment. I suggest The sentence is suspended and you don't have to go to jail." Fang Yi comforted her.

Chen Laidi wiped her tears and nodded: "Yes!"

"Do you have anything to ask?" Fang Yi asked.

"How is my child?" Chen Laidi looked at Fang Yi persistently.

"The child is fine. Your mother is taking care of him. Don't worry!" Fang Yi said.

After lunch, Fang Yi went to the procuratorate.

After reading the papers, Fang Yi communicated with Prosecutor Chen who was in charge of the case.

"Lawyer Fang, I agree with your opinion that Chen Laidi's defense was excessive.

Facing real and imminent personal danger, Chen Laidi took out a knife to fight back, which constituted self-defense. Although the knife was prepared in advance, it did not affect the nature of defense.

Li Shuangxi beat Chen Laidi with his bare hands and committed an act of general violence. Although he claimed to chop her with a kitchen knife, before using tools or high-intensity methods that could endanger life or cause serious injury, Chen Laidi used a knife to chop Li Shuangxi. His defensive methods And the consequences of damage are obviously out of balance with the unlawful infringement, which constitutes excessive defense.

We agree with you on this. "Prosecutor Chen said.

"According to the "Opinions on Handling Domestic Violence Crime Cases in accordance with the Law" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice (Fafa [2015] No. 4)

In order to protect the personal rights of oneself or others from illegal infringement, actions taken to stop ongoing domestic violence comply with the provisions of Article 20, Paragraph 1 of the Criminal Law, and shall be deemed as legitimate defense. If the defensive behavior obviously exceeds the necessary limit and causes serious injury or death to the perpetrator, it is deemed as excessive defense and shall bear criminal responsibility, but the punishment shall be reduced or exempted.

You see, although Chen Laidi was guilty of intentional injury, she had excessive defense, and her family's economic conditions were very poor. I went to Li Shuangxi's house once before.

There are three members of Li Shuangxi's family. Now he is seriously injured and Chen Laidi is locked up inside. Li Shuangxi's parents are old and sick and have no ability to work.

Li Shuangxi used to work as a laborer in a local construction team, which was enough to support his family. After being chopped, his family had no income and no one to take care of his children. The village applied for subsistence allowance subsidy for his family. Now subsistence allowance is the main source of income for his family. Economic sources.

In order to demonstrate the humanistic care of the judiciary, soothe the trauma of the soul, avoid "poverty due to the case" and "return to poverty due to the case", and promote the harmony and stability of the family and society." Fang Yi had just finished speaking, Prosecutor Chen interrupted him.

"Lawyer Fang, I understand what you mean. In fact, after getting the case file, my assistant and I went to the village twice and visited the villagers and the village committee. According to the certificate issued by the village committee and the villagers' reactions, Li Shuangxi did indeed He often committed domestic violence against Chen Laidi after drinking, and beat his relatives, friends and neighbors many times.

The village committee, villagers, and Li Shuangxi's parents all believe that Chen Laidi's behavior was against domestic violence and hope that we will treat her lightly.

Since this case was triggered by family conflicts, Chen Laidi has surrendered, and Li Shuangxi’s parents have forgiven Chen Laidi, we will give a lighter punishment and may not prosecute. A decision will be made after the meeting next week. "Prosecutor Chen said.

"Thank you. I want to thank you on behalf of the client. It's really hard for Chen Laidi's family. They have no income and no one to take care of their children. Do you think you can apply for bail pending trial first?" Fang Yi said and handed the bail pending trial application to Prosecutor Chen. member.

"Let's study it and I think it's not a big problem. You can go back and wait for notification." Inspector Chen said after taking the application.

On Friday, Fang Yi suddenly discovered that he had been busy doing business to make money and had not returned to his hometown for a long time. He planned to go back to his hometown on the weekend to visit.

Originally, he planned to take his son Xiaozhi back with him, just to let his son mediate so that he could relax, but his ex-wife Cao Xiaohui hired a tutor for Xiaozhi, and they had classes on Saturday morning and afternoon. Studying was a good thing, and Fang Yi had no reason not to let him. The son took extra lessons and returned to the village alone.

The situation in the village can best be described by a lyric: The stars are still the same stars, the moon is still the same moon, the mountains are still the same mountains, the beams are still the same beams, the rollers are rollers, the vats are vats, and the father is still the same. Father is like mother, mother is mother. In short, it’s still the same, just one more bachelor!

Fang Yi still brought a lot of supplements to his father, but in the opinion of his father Fang Youcai, the supplements that Fang Yi brought back with foreign codes on them were not as real as eggs.

"Dad, I saw a lot of white paper money on the road in the village. Has someone passed away?" After dinner, Fang Yi cleaned up the dishes and sat on the bench and smoked the flue.

Fang Youcai sat on the steps at the door of the main house, sucking on the brass pipe mouthpiece. After exhaling a mouthful of smoke, he sighed and said lightly: "It's Old Li Tou from the west end of the village, your second uncle Li."

"Second Uncle Li? Isn't his body usually quite strong? Why is it gone?" Fang Yi said in surprise.

"It's hard to tell about this man! Lao Gupao (the nickname of an old man in the village) next door to Lao Li Tou has been gasping for breath five years ago, as if he is about to die. Everyone says he won't survive the Spring Festival, but after so many years, he still can't. That way.

Lao Li Tou was usually as strong as an ox, and he was very agile when working in the fields, but no one expected that he would leave first. Not even a sign. There are fewer and fewer old men in the village every year! "Only you can make money.

"When did it happen?" Fang Yi asked.

"What happened last Sunday? He had been dead for several days when he was found. If it weren't for the stench coming from his house, people in the village wouldn't have known about it." Fang Youcaidao.

"Ah! What about Uncle Li's family?" Fang Yi asked.

Because the content I wrote before contains violations, I re-wrote a story and updated it. Please forgive me.