Lawyer's character
Chapter 437 Chapter 467 468 469 (Three in One) Patricide Case
A few days later in the morning, Wan Kefa sat at the tea table, crossed his arms and looked at Huang Yuanchao opposite: "Old Huang, what kind of bad idea are you coming up with? Fang Yi came to me yesterday and said that he would not accept this kind of killing of relatives in the future. case."
"Don't worry, I didn't expect the results of these two cases to be so bad. As the saying goes, only three things come together. Let's try it again. I think it will work this time." Huang Yuanchao scratched his head and said.
At this moment, Wan Kefa's mobile phone beeped, and a WeChat message appeared on the screen. Wan Kefa looked at it and smiled: "A client appointed Fang Yi to take over the case. What case do you think it is?"
"Isn't this another murder case?" Huang Yuanchao blinked and asked.
"The defendant killed his father!" Wan Kefa glanced at him: "This is the third time."
To be honest, if the client hadn't asked Fang Yi to take over the case by name, and the legal fees were 50,000 yuan, he would never have taken on such a murder case again.
People are sometimes so contradictory. Most of the time what they want in their hearts and what they can get in reality are inconsistent. However, due to the pressure of life, they have to succumb to reality.
The case that Fang Yi took on this time was negotiated by Xie Youhe. The mother of the client asked Fang Yi to handle her son's case. After Xie Youhe learned about the situation, he transferred the case to the litigation department of Wanke Law Team.
Twenty minutes later, Fang Yi walked into the conference room.
In the conference room, a woman who looked to be in her sixties was sitting on a chair secretly wiping her tears. Her skin was rough and her face and neck were dark red. It was obvious that she had been exposed to the sun while working in the fields all year round.
The skin on her face and neck was loose and she looked very haggard and pitiful.
"Hello, are you Ms. Shi? I'm Fang Yi." Fang Yi sat across from her and said.
"Hello, Lawyer Fang." Ms. Shi recalled the photos on the website that her niece had shown her before, and thought to herself: Yes, this is Lawyer Fang.
"My colleague said that you want to entrust me with your son's criminal case. Is that true?" Fang Yi asked in a calm tone.
"Yes. My niece said that you are a well-known local criminal lawyer who has handled many criminal cases. She asked me to come to you. As long as you are willing to take my son's case, my son has hope to save his life." Ms. Shi's eyes widened. Looking at Fang Yi, he was a little excited.
Fang Yi was stunned: I'm not a god, how can I have so much energy!
"Don't worry! Can you tell me about the situation at the time of the crime?" Fang Yi comforted.
Ms. Shi nodded and recounted the painful experience that she didn't want to recall but had to recall: "Our family lives in the village. Although we are not very wealthy, we contract the fruit trees in the village and can earn a lot of money in a year." With some money, I won’t have to worry about food and drink..."
Ms. Shi's name is Shi Xiuzhen, her husband's surname is Xiao, Xiao Laiwang, and her son's name is Xiao Ke. The family has made a lot of money in the past few years contracting fruit trees in the village.
Xiao Laiwang people are very diligent and have a quick mind. Their only shortcoming is that they have a bad temper. They usually curse at their family members, especially after drinking.
Life has become easier and faster in the past few years, and the family has gained some stability. He can't eat without wine. After drinking, he loses his temper and beats and scolds his family members. Shi Xiuzhen and her son were both afraid of him.
Last year, because he disliked the taste of Shi Xiuzhen's cooking, Xiao Laiwang sent her to the hospital. She stayed in the hospital for more than half a month before she came out. His son Xiao Ke was often beaten by him, and bruises were often visible on his body. Seeing him was like a mouse seeing a cat.
Two months ago, a customer came to the orchard to pick. At noon, the customer treated him to dinner. Xiao Laiwang had two more drinks. When he returned home, he saw Shi Xiuzhen washing clothes in the yard. There were new quilt covers and pillowcases on the bed in the room. When installed, it looks a bit messy.
Xiao Laiwang, who was dizzy from drinking, suddenly became angry. He ran into the courtyard and kicked Shi Xiuzhen, who was washing clothes, to the ground. Then he pointed at her nose and cursed loudly.
Shi Xiuzhen didn't dare to offend him, so she hid in her son's bedroom. In the past, Xiao Laiwang scolded him for a while and then passed away. But today, I don't know what happened. Xiao Laiwang kept scolding him, and the more he scolded, the more energetic he got. , chased her son into his bedroom and beat and scolded Shi Xiuzhen.
At this time, Xiao Ke just came back from the orchard and hurriedly entered the house to persuade his father Xiao Laiwang. This was a good advice. Xiao Laiwang scolded him even more vigorously. He picked up the broom at hand and chased the two of them in the house. While beating him, he shouted that he wanted to kill the two of them.
After the beating was not enough, he ran to the kitchen to get a kitchen knife. When Xiao Ke saw Xiao Laiwang coming in without waiting, he hurried over and grabbed the kitchen knife.
When Xiao Laiwang saw that the kitchen knife was taken away, he beat and scolded his son. Because his legs and feet were not as flexible as his son's and he couldn't catch up, he returned to his son's bedroom and continued to beat Shi Xiuzhen.
Xiao Ke heard his mother's cry for help and hurriedly came into the bedroom. He saw his father grabbing his mother's hair and banging it against the wall. Her mother's head was bleeding.
When Xiao Ke saw his mother's miserable state, he suddenly felt angry and evil. He swung the kitchen knife in his hand and slashed at Xiao Laiwang. The anger he had accumulated for many years suddenly burst out.
Xiao Laiwang fell in a pool of blood. His head, neck, shoulders and other places were chopped with kitchen knives. Blood was left on the ground and dyed Xiao Laiwang's shirt red.
The kitchen knife fell to the ground, and Xiao Ke stood aside dumbly.
The mother regained her composure and hurriedly urged Xiao Ke to call the emergency phone. The latter two sent Xiao Laiwang to the hospital for treatment. The next day, under the persuasion of his mother, Xiao Ke surrendered to the public security organ. That night, Xiao Laiwang died of hemorrhagic shock.
Afterwards, the prosecutor's office filed a lawsuit with the Intermediate People's Court for intentional injury.
"Lawyer Fang, my son cut his father to save me. I am willing to sacrifice my life for another life. I just want to save my son's life." Shi Xiuzhen touched the tears on her face and said .
"Don't get excited, I don't think your son may be sentenced to death." Fang Yi said.
"Really?" Shi Xiuzhen looked at Fang Yi blankly.
"But I need your cooperation." Fang Yi thought for a while and said.
"You said, I will definitely cooperate." Women are weak by nature, but mothers are strong. Now Shi Xiuzhen is determined to save her son, and she is willing to go to the nail board and bankrupt her family.
"Can you tell the village and ask the village committee to issue a certificate proving that your husband Xiao Laiwang's usual evil deeds and that your mother and son often suffer from domestic violence? Then, you also need to issue a letter of understanding to forgive Xiao Ke What he did." Fang Yi thought for a moment and said.
"How to write a letter of understanding? The village will provide proof...Lawyer Fang, can you go with me to the village to talk to the village chief? I'm afraid I can't explain it clearly, and they don't know how to write it." Shi Xiuzhen said.
"Well, no problem, let's go after lunch." Fang Yi looked at the time and it was already eleven-thirty. He had no plans for today, and there was nothing wrong with going to the village.
Shi Xiuzhen's family lives in a remote village with mostly mountainous terrain and few flats. There are fruit trees growing on the mountains. In recent years, with the vigorous development of the e-commerce economy, the lives of the people in the village have become better and better, and the adobe houses in the village have gradually improved. Replaced by brick building.
In the afternoon, Fang Yi drove to the village committee under the guidance of Shi Xiuzhen. The director of the village committee, whose surname was also Xiao, was in his forties and very handsome. Hearing that Fang Yi was here to learn about Xiao Laiwang's family situation, he received him warmly.
"Lawyer Fang, let me tell you the truth, Xiao Laiwang is famous for his bad temper in the village. Before he got married, he was detained by the police for drinking and beating someone.
After so many years, I originally thought that he was already in his sixties and his temper would be tempered, but I didn't expect that he would still be like that. No one in the village would dare to provoke him.
Sister-in-law Xiuzhen is an honest person. She has never had a quiet day since she married into the old Xiao family. Xiao Laiwang cursed her every now and then. Even when she was pregnant with her Xiao Ke, Xiao Laiwang's mouth was not idle.
Why! Sister-in-law Xiuzhen has suffered a lot these years, it’s not easy! Xiao Ke has such a 'good' father, and he doesn't know what evil he did in his previous life. Director Xiao said indignantly.
"Director Xiao, Lawyer Fang came here this time to ask our village to provide some kind of certificate to my son Xiao Ke." Shi Xiuzhen said and looked at Fang Yi.
"Director Xiao, can the village issue a description of Xiao Laiwang's daily behavior and whether there is any domestic violence? The village can write it realistically. The main reason is to let the judge understand Xiao Laiwang's virtue in the village." Fang Yi explained road.
"Domestic violence?" Director Xiao frowned and asked.
"It's like a couple fighting and Xiao Laiwang beating his children and wife." Fang Yi said.
"Oh, I understand. When it comes to domestic violence in Xiao Laiwang, there must be some. Ever since Xiuzhen's sister-in-law came into their house and was beaten, it has never stopped. Everyone in the village knows about this, which proves that there is something wrong in our village. As long as we can It will be helpful to Xiao Ke's case, and we will do anything you ask us to do." Director Xiao said with integrity.
Now that Xiao Laiwang is gone, the people in the village already have a bad impression of him. There is no need to offend a living person over a dead person. Besides, they are still a family. This proves that he will not offend anyone and can still be a favor. You can't see it when you look down, so why not do it. Director Xiao thought clearly.
Director Xiao got up and called the assistant director (a college student village official who had just arrived in the village, and he usually left all writing and calculation matters to him) and asked him to take Shi Xiuzhen to write the certificate. Shi Xiuzhen had signed the letter of understanding before at the law firm, and Fang Yi asked her to send the letter of understanding and the village's certificate to the court before the court session.
After Shi Xiuzhen went out, Director Xiao chatted with Fang Yi and said, "Hey! Xiao Laiwang can be considered a capable person in the village. He has a good way of growing fruit trees, but his temper is too bad and he will catch fire.
A few years ago, a fortune teller came to the village. He stood on the slope and pointed at Xiao Laiwang's graveyard and said that the graveyard was not chosen well because it would cause brothers to harm each other and father and son to harm each other.
After Xiao Laiwang heard about it, he chased the fortune teller all over the village with a kitchen knife. If the old village chief hadn't stopped him, someone would have died.
At that time, we all guessed that the fortune teller must have wanted to scare Xiao Laiwang and defraud his family of two dollars. Unexpectedly, we met an unbeliever. Now it seems that what they said is right, that fortune teller is an expert! "Director Xiao said seriously.
After a while, Shi Xiuzhen came back and brought back a certificate stamped with the official seal of the village for Fang Yi to see. The proof was written very objectively and contained all the required content. Fang Yi asked Shi Xiuzhen to put the proof away.
On the way back by car, Fang Yi kept thinking about what was going on recently and why all the cases he received were related to murder. It was really a headache.
Early the next morning, Fang Yi went to the detention center to meet Xiao Ke. Xiao Ke has good features, short hair, and big eyes. He looks very honest. At this time, his expression was a little dull, and he had not yet come out of the shadow of killing his father.
What Xiao Ke said was similar to what Shi Xiuzhen said, and Fang Yi recorded them one by one.
"Lawyer Fang, I heard people inside say that if I kill someone, I might be shot. Is it true?" Xiao Ke's eyes flickered, more than confusion, there was fear.
"Your case has been transferred to the Intermediate People's Court, which means that the procuratorate believes that your behavior is very harmful to society, and you may be sentenced to more than ten years in prison, or even life imprisonment or death.
But from what I understand about the case, it is certain that you committed the crime of intentional injury, but you cut your father to save your mother, which led to your father's death. So I personally think that the court may not necessarily sentence you to death.
I will go to the court in the afternoon to review the file, and the day after tomorrow I will go to the procuratorate to communicate with the prosecutor in charge of the case. After I have finished formulating the defense plan, I will come to see you again. "Fang Yi said.
When Fang Yi went to the procuratorate to communicate with Inspector Zhou, who was in charge of the case, he got a piece of news. The media was paying close attention to this case. It was said that in order to promote the law, the court had approved media reporters to enter the scene and report on the case.
Sure enough, a few days later, the court called and told Fang Yishaoke that his case would be heard in public and that there would be on-site interviews by media reporters, asking him to pay attention to his words and deeds and to wear a lawyer's robe on the day of the trial.
"Old Fang, why don't you leave after get off work?" Huang Yuanchao put on his down jacket and was carrying his bag when he was about to go home. When he saw Fang Yi still writing at his desk, he walked up to him.
"There is a case of intentional injury. The trial will be held next week. I am preparing a defense opinion. You go first, and I will check the information." Fang Yi said.
"Okay, I'm going home first. Take care of yourself and don't work too hard." After Huang Yuanchao finished speaking, he turned and left.
Fang Yi stood up and stretched, looking at the back of Huang Yuanchao who was walking away, he smiled bitterly in his heart: The word "go home" is so familiar to me, yet so strange. The warm home I once had is no longer there. Can not go back. Take one step at a time!
As long as a person is alive, he should have a leader, and Fang Yi's leader is his son Fang Anzhi.
On the day of the trial, the auditorium of the court was full of people, including Shi Xiuzhen. There were many people sitting in the first row with cameras in their hands, who should be reporters.
There was a camera at the front, and a tall man standing behind him was adjusting the position of the camera.
The moment the gavel struck, the trial began.
After completing the previous fixed procedures, the presiding judge asked the prosecutor to read out the indictment. The short, fat man sitting at the head of the prosecutor's seat is Inspector Zhou, who had previously communicated with Fang Yi about the case.
"...The defendant Xiao Ke used a kitchen knife to chop the victim's head, neck, shoulders and other parts. The victim was sent to the hospital for treatment and died of hemorrhagic shock at 7 pm the next day.
This court held that the defendant Xiao Ke’s behavior violated the provisions of Article 234 of the Criminal Law of the People’s Republic of China. The criminal facts were clear and the evidence was reliable and sufficient. He should be held criminally responsible for the crime of intentional injury.
In view of the fact that the defendant Xiao Ke has surrendered, and has obtained the understanding of his family, pleaded guilty and accepted punishment, in accordance with the provisions of Article 67 of the Criminal Law and Article 15 of the Criminal Procedure Law of the People's Republic of China, he may be given a lighter or reduced punishment. .
In accordance with the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, this court initiated a public prosecution and requested that the person be sentenced in accordance with the law. complete. "After Prosecutor Zhou read out the indictment, he looked at the judge.
"Defendant, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges charged against you in the indictment?" asked the presiding judge.
"I have no objection." Xiao Ke looked nervous, and in fact, he was on the verge of collapse.
"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 Xiao Ke and the victim Xiao Laiwang and you?" Prosecutor Zhou asked.
"He is my father." Xiao Ke said.
"Who inflicted the injuries on the victim Xiao Laiwang?" Prosecutor Zhou asked.
"I chopped it with a kitchen knife." Xiao Ke said with his head lowered.
"On the day of the incident, why did you chop your father with a kitchen knife?" Inspector Zhou asked.
"Because he beat my mother." Xiao Ke said.
"How did he beat your mother?" Inspector Zhou continued to ask.
"He grabbed my mother's hair and hit it against the wall." Xiao Ke said, wiping his tears.
"Presiding judge, the prosecutor has finished asking questions." Prosecutor Zhou said.
In Fang Yi's opinion, Prosecutor Zhou was avoiding the important and trivial. He had no reason for issuing the proposal, nor the origin of the kitchen knife. He wanted the people in the gallery and the judge to think that Xiao Ke killed someone impulsively and it was a crime of passion. But this is not what Fang Yi wants everyone to see.
"Does the defendant's defender need to ask questions to the defendant?" the presiding judge asked.
"Yes, I need to ask a question." Fang Yi looked at the outline of the question, and then said: "Defendant Xiao Ke, where did the kitchen knife you used to chop the victim Xiao Laiwang come from?"
"I took it from my father." Xiao Ke said.
"That is to say, the kitchen knife in your hand belongs to your father Xiao Laiwang, right?" Fang Yi repeated it deliberately. His purpose was to deepen the impression of the kitchen knife on the judge and the on-site observers.
"Yes!" Xiao Ke said.
"What is your father doing with the kitchen knife?" Fang Yi continued to ask.
"He wanted to chop me and my mother with a kitchen knife."
As soon as Xiao Ke said this, everyone in the auditorium was immediately shocked. The reporters sitting in the front row immediately focused on the lawyer's questions as if sharks smelled blood.
"Did the victim Xiao Laiwang say that, or was it your guess?" Fang Yi asked.
"He beat me and my mother in the bedroom before. Then he got angry and shouted that he wanted to kill us both. He went to the kitchen to get a kitchen knife. I was afraid that he would hurt my mother, so I ran out and grabbed the kitchen knife." Xiao Ke said.
"Since the kitchen knife has been taken away and he no longer poses a threat to your mother, why do you still want to chop him?" Fang Yi asked.
yes! Why? The reporters in the gallery also had this question in mind.
"I didn't want to chop him at the time, but when I heard my mother's cry for help, I..." Xiao Ke choked up as he spoke: "I didn't want to, I really didn't want to..."
At this time, Fang Yi couldn't ask any more questions. He could only wait for the defendant Xiao Ke to calm down before continuing to ask.
"Defendant Xiao Ke, please control your emotions. It is trial time now. We will not wrongly accuse a good person, nor let a bad person go..." the presiding judge reassured.
"Does the defendant's defender continue to ask questions?" After a while, the presiding judge saw that Xiao Ke's mood had stabilized a little and looked at Fang Yidao.
"Yes, we need to continue asking questions." Fang Yi said and thought for a while: "Defendant Xiao Ke, I know you feel very sad, but this is a court, and we need to know the truth of the matter so that the judge can make a fair judgment. , please control your emotions."
"Well, well..." Xiao Ke raised his hand to wipe his tears and nodded in agreement.
"What did you do after you heard your mother's cry for help?" Fang Yi asked.
"I ran into the house and saw my father, Xiao Laiwang, grabbing my mother's hair and banging it against the wall. My mother's head was covered in blood. I couldn't control it, so I chopped him with the kitchen knife in my hand. ." Xiao Ke said.
After crying, the pressure in his heart was relieved a lot and his mood became much more stable.
"What did you do after your father was chopped down?" Fang Yi continued to ask.
"My mother asked me to call an ambulance, and then we sent him to the hospital for rescue. Under my mother's persuasion, I went to the police station to surrender," Xiao Ke said.
"Presiding judge, the defender has finished asking questions." Fang Yi said.
There was nothing to say during the evidence and cross-examination session. The prosecutor provided evidence such as on-site inspection records, defendant’s confessions, crime tools, and autopsy reports.
Defendant Xiao Ke and defender Fang Yi both recognized the above evidence. Subsequently, Fang Yi produced a letter of understanding from the defendant's mother Shi Xiuzhen, a certificate issued by the village committee and hospital cases, proving that the defendant Xiao Laiwang often treated her at home. The defendant and his mother Shi Xiuzhen engaged in domestic violence, and there are cases in the hospital as evidence.
…
“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.
"Presiding judge, we believe that the defendant Xiao Ke impulsively chopped the victim Xiao Laiwang when his mother was being beaten, causing the victim's death.
Although the defendant Xiao Ke injured someone for the purpose of rescuing his mother Shi Xiuzhen, from the analysis that Xiao Ke stabbed Xiao Laiwang with a kitchen knife, causing multiple injuries and causing her death due to hemorrhagic shock, although his behavior was justified For the purpose of defense, the victim Xiao Ke’s behavior obviously exceeded the necessary limit and caused serious consequences of the victim’s death. Therefore, it can be determined that Xiao Ke’s behavior constituted excessive defense.
In view of the fact that his behavior was excessive self-defense, he surrendered, and he pleaded guilty and accepted punishment, we recommend that the court sentenced him to ten years in prison. complete. "Inspector Zhou said.
Xiao Ke then defended himself. Xiao Ke had limited education and didn't have many words in his heart. He always talked back and forth with a few words. Finally, the presiding judge interrupted his self-defense.
"Defendant Xiao Ke's defender expressed his defense opinion," the presiding judge said.
"Presiding Judge, Judge: The defender believes that the defendant constituted excessive defense and should be punished under criminal law, but his punishment should be mitigated. The reasons are as follows:
1. The defendant has the right to engage in legitimate defense
In this case, the victim Xiao Laiwang has been engaging in domestic violence against the defendant Xiao Ke and his mother. The defendant's mother was beaten to the hospital several times.
On the day of the incident, the victim Xiao Laiwang went home after drinking and cursed the defendant's mother over trivial matters. The defendant later returned home to dissuade her.
During the beating and scolding, the victim Xiao Laiwang threatened to kill the defendant and his mother, and went to the kitchen to get a kitchen knife. In order to avoid the tragedy, the defendant Xiao Ke took the kitchen knife from the hands of the victim Xiao Laiwang.
However, the victim Xiao Laiwang’s illegal assault on the defendant’s mother Shi Xiuzhen continues. Although it is not the defendant who is beaten, but considering that the victim often engages in serious domestic violence after drinking, the possibility of more serious consequences of his violent behavior cannot be ruled out. . Therefore, the defendant Xiao Ke has the right to conduct legitimate defense in response to the ongoing domestic violence against the victim Xiao Laiwang.
2. The defendant’s behavior was excessive in defense.
Judging from the analysis that the defendant Xiao Ke slashed the victim with a kitchen knife and caused multiple injuries, causing him to die from hemorrhagic shock, his behavior was indeed not equivalent to the means and severity of the victim’s unarmed domestic violence. Therefore, Xiao Ke’s behavior constitutes excessive defense.
3. The defendant has lenient and mitigating circumstances
First, Xiao Laiwang’s village committee issued a certificate proving that the victim Xiao Laiwang had a history of domestic violence, and requested that the defendant Xiao Ke be given a lighter sentence.
Secondly, after the incident, the defendant Xiao Ke immediately sent the chopped Xiao Laiwang to the hospital for treatment, and voluntarily surrendered to the public security organ, and received the forgiveness of his mother. There are mitigating circumstances.
Finally, the victim in this case was at fault for the occurrence of the case. The defendant Xiao Ke's eagerness to save his mother caused the serious consequences of the victim's death. His social harm was relatively small and it was an excessive defense. Please ask the court to reduce the punishment of the defendant in accordance with the law.
To sum up, the defender recommended that defendant Xiao Ke be given a suspended sentence. complete. "Fang Yi said.
Fang Yi's defense opinions caused a commotion in the auditorium. Some people thought it was impossible to apply for probation for killing someone. Others sympathized with Xiao Ke and felt that the sentence suggested by Fang Yi was reasonable.
Fang Yi suggested that the court apply a suspended sentence to the defendant Xiao Ke. This was not a slap on the head, but a sentencing suggestion based on the opinions of courts in various places on this type of cases in recent years. Although local courts may not apply, there is always no harm in giving advice.
…
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