Lawyer's character

Since learning that Xu Wannian was married, the two had quarreled many times. Chen Qingqing thought that since Xu Wannian had slept with the other party, and Xu Wannian had a good job, a house and money, it would be better to occupy the magpie's nest and become a regular person.

After making up her mind, Chen Qingqing kept urging Xu Wannian to divorce his original wife, but Xu Wannian just wanted to have fun, not marry her, let alone abandon his wife and children.

Xu Wannian was so upset by Cui that she ran to a hotel for two days. During this period, the two had a fierce quarrel on WeChat again. Finally, Xu Wannian said that he wanted to break up with her and came back to get his clothes and move out.

Chen Qingqing was stimulated and immediately became excited. She got into trouble and shouted that it was okay to move out, but she wanted to end it. Xu Wannian asked her how she broke up, and she said that they were face to face, one stabbed the other, and then let you go. From now on, the two will not owe each other anything.

Xu Wannian thought she was talking angrily and ignored her. He returned to the house where he lived together the next morning and prepared to pack his clothes and move out.

When Xu Wannian came in, Chen Qingqing had just gotten up and was sitting by the window wiping tears. After that, the two had a fierce quarrel and pushed each other again.

Xu Wannian angrily slapped Chen Qingqing on the face, and the latter fell on the sofa. Then he also sat on the bed and smoked a cigarette sadly.

Chen Qingqing, who felt that she had been greatly wronged, saw a fruit knife on the coffee table, so she grabbed it, rushed to Xu Wannian in excitement, and shouted hysterically to Xu Wannian who was sitting on the bed and smoking: Come on! One person stabs the other, come on!

Xu Wannian's head was filled with anger, and he suddenly stood up and approached Chen Qingqing. Chen Qingqing's hand holding the knife was raised to his chest, with the tip of the knife facing forward.

Because the distance between the two of them was too close, and Xu Wannian's movements were too sudden, Chen Qingqing was in a state of excitement, clutching the fruit knife with great strength, and heard a "pop" sound as the fruit knife pierced Xu Wannian's left chest. , both of them were stunned.

When Chen Qingqing saw it, she was immediately dumbfounded. She trembled and backed away. When the fruit knife left Xu Wannian's chest, blood spread all over his chest. Xu Wannian suddenly felt weak and fell to the ground. Soon the ground was stained red with blood.

Chen Qingqing was so frightened that she shivered into a ball. She looked around and saw the mobile phone on the coffee table. She immediately rushed over to pick up the mobile phone and dialed the emergency number.

Soon Xu Wannian was sent to the hospital for rescue, and then Chen Qingqing called Yaoyaoling to call the police. After the police came to the hospital, they took her back to the Public Security Bureau for investigation.

More than an hour after Chen Qingqing was taken away by the police, Xu Wannian died after resuscitation failed. It was determined that Xu Wannian died from massive hemorrhage caused by stabbing his left chest with a single-edged stabbing instrument, which caused the upper lobe of the left lung and the left pulmonary artery to rupture.

The case was quickly sent to the procuratorate. Seeing that the case was simple, the procuratorate quickly filed a public prosecution in the court, accusing Chen Qingqing of intentional injury (causing death).

"I didn't mean it at the time, really!" Chen Qingqing said while crying.

"According to your statement, it was Xu Wannian who hit the fruit knife in your hand. Didn't you stab him on your own initiative?" Fang Yi asked.

"Yes, I was standing still and he bumped into me." Chen Qingqing said with tears in her eyes.

"What were you thinking at the time?" Fang Yi then asked.

"I was very desperate at the time. I just wanted to stab someone and die!" Chen Qingqing said.

"Do you have anything to ask?" Fang Yi said after a moment.

"How are my parents?" Chen Qingqing looked at Fang Yi and said.

"They are very good. Is there anything you need me to convey?" Fang Yi said.

Chen Qingqing shook her head, then bent down, shrugged her shoulders, and started crying.

After walking out of the detention center, Fang Yi stood by the car, took out a red plum and lit it, took a deep breath, then slowly spit it out, leaned against the car and looked at the sky in the distance: another woman trapped in love.

This case reminded him of a divorce case that Ma Yi had handled before. Ethics and morals can tell a woman across the board what kind of behavior can make a mark, and what kind of behavior can only be regarded as a bitch. But it’s really hard to distinguish right from wrong when it comes to relationships. In order to build a memorial arch, can we definitely be happy if we suppress our true feelings and suffer on our own? So how to explain the courage to love and hate?

Maybe women will praise the woman who set up the memorial arch, but when it's their turn, most women may prefer that they be the one who dares to love and hate, and live a free and unrestrained life. This world may be so contradictory. It makes sense to say that a person's mouth has two skins!

One morning one day later, Fang Yi met Chen Qingqing's father, Chen Daxing, in the conference room of the law firm.

"Lawyer Fang, the lawyer who received me before said that my family's Qingqing case might not constitute a crime.

The lawyer said that although my Qingqing had a fruit knife in her hand, she did not stab the man. The dead man knew that my Qingqing had a knife in his hand and suddenly got up and hit the tip of the knife. This was self-harm or even suicide. "Chen Daxing's eyes were full of expectation. He hoped to hear what he expected from Fang Yi.

Fang Yi looked at the gray-headed old man in his fifties who was about to retire, and felt a little unbearable, but reality is sometimes so cruel.

"The lawyer who took over the case only made a preliminary judgment based on your introduction to the case, but there was a gap in information. I have read the case file and went to the detention center to question your daughter Chen Qingqing, so I have a more comprehensive understanding of the entire case.

In this case, your daughter Chen Qingqing once clearly expressed her intention to "stab one person," but the victim Xu Wannian did not agree. At least, there is no indication of agreement from the WeChat records of their communication.

In judicial practice, valid consent requires the existence of tangible representation.

Of course, you can regard the victim Xu Wannian’s sudden standing up and approaching the fruit knife in Chen Qingqing’s hand as his implicit consent to give up his own legal rights, that is, committing suicide and self-mutilation.

However, from the perspective of evidence, the above conclusion is difficult to make clear and no corresponding evidence can be found. Therefore, the victim's suicide and self-mutilation cannot be used as the reason for your daughter Chen Qingqing's innocence.

Therefore, I can only provide a defense of misdemeanor for your daughter, but cannot provide a defense of innocence. "Fang Yi said.

Chen Daxing was silent. Although he couldn't quite understand the theoretical things Fang Yi just said, he understood the last sentence. Because of the evidence, the lawyer could not defend his daughter's innocence.

"Then how many years will my Qingqing be sentenced?" Chen Daxing raised his head and asked.

"According to Article 234 of the Criminal Law, anyone who intentionally injures another person's body and causes death shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death." Fang Yidao.

"Ah! Will my Qingqing be sentenced to death?" A flash of panic flashed in Chen Daxing's eyes.