Lawyer's character

"According to what you said, there should be no problem with the facts identified in this criminal judgment and the applicable laws. But I feel that the sentencing is a bit too harsh." Fang Yi said.

"Lawyer Fang, our Gao Shengyang just threw a few clods of dirt, but she didn't hit Guo Yuxiang. She accidentally fell off the ladder. Does she have to be sentenced?" Zhao Lan felt that her husband was wronged.

"Although the soil and stones thrown by Gao Shengyang did not hit Guo Yuxiang, Guo Yuxiang fell from the ladder to avoid the soil and stones thrown by Gao Shengyang. There is a causal relationship between the two in criminal law. So. Gao Shengyang committed the crime of intentional injury," Fang Yi explained.

Although Zhao Lan didn't understand what causation was in criminal law, the court ruled and the lawyer in front of her said that her husband had committed a crime, so she could only accept it.

"When did you get this criminal judgment?" Fang Yi asked.

"I went to the court to pick it up the day before yesterday." Zhao Land said.

"Well, the appeal period is only ten days, so you have to hurry up. Did you sign all the entrustment procedures?" Fang Yi asked while looking through the entrustment procedures.

"I signed them all." Zhao Lan nodded.

One day later, at 8:55 in the morning, Fang Yi appeared in front of the gate of the detention center. The northwest wind was blowing fiercely, and all the lawyers waiting in line to enter the detention center for a meeting were so cold that their faces turned red and they couldn't help but stamp their feet.

The big iron door creaked open, and Fang Yi and others walked in one after another.

Gao Shengyang is about 1.8 meters tall, has a pair of thick eyebrows, a pair of big leopard eyes, a straight nose and a wide mouth, and has a good face. Fang Yi suddenly found that he couldn't help but look at the other person's face when he met. Could it be that he had the potential to set up a stall on the street? Forget it, the urban management is too powerful.

As the saying goes, face comes from the heart, and the face can reveal a person's character and inner world, at least this is true for most people. Of course, it is difficult to express the phrase "face comes from the heart" by plastic surgery.

"Hello, I am lawyer Fang Yi from Wanhua United Law Firm. Do you know Zhao Lan?" Fang Yi spoke first.

"We know her, she is my wife." Gao Shengyang said with a wooden face.

"This is my entrustment procedure. Take a look. If you agree with me to be your defense lawyer, please sign it." Fang Yi handed over the entrustment procedure, and then said: "Please give me the details of the case." Please introduce me so that I can analyze the case.”

Gao Shengyang nodded and recounted the incident intermittently. Perhaps because he had been locked in there for a long time, and because he was under great mental pressure after being tried for ten years, the narration of the incident was a bit confusing. If Fang Yi had never heard Zhao Lan describe the incident before, he would really not understand what he meant.

In fact, many criminal suspects are very clear-headed when they are not arrested, and they can tell the story of the crime clearly and in many details. Once they are arrested and imprisoned in the detention center, their brains immediately become confused. Although they can explain the facts clearly, Many details will be missed, and criminal suspects with poor mental tolerance will directly collapse and their logic will be confused.

"This is the appeal I drafted. Take a look at it. If there are no problems, sign it." Fang Yi knew that his logical thinking ability was relatively poor now, and it would be useless to ask more questions, so he took out the prepared appeal. shape.

"Do you have anything you want me to tell your lover Zhao Lan?" Fang Yi asked.

"I'm afraid my life won't be short when I get in. Let her find a good man and remarry! Don't wait for me." Gao Shengyang said with tears falling.

Fang Yi is so angry in his heart, you are a big man, you are a man of five or six, can you stop crying without saying a few words, acting like you are parting from life or death?

"Your case is not hopeless at all. I will go to the court in the afternoon to review the files. If possible, I will plead for a lesser crime for you.

Even if you are really sentenced to ten years, as long as you perform well inside, you can get a reduced sentence. You will be able to get out in less than ten years. Don't be too pessimistic. "Fang Yi comforted.

"Really?! Then ask my wife to save some money for me. I don't have any money to buy toilet paper." Gao Shengyang wiped his tears and looked at Fang Yi.

After taking a short break after lunch, Fang Yi went to the Intermediate Court to submit the appeal and entrustment procedures. The next step is to wait for the court of second instance to notify the hearing.

The second instance of Gao Shengyang's case was heard by the Provincial High Court. On the day of the trial, snowflakes were flying in the sky. Although the wind was light, it was as strong as a knife. It hurt his face and the weather was very cold.

There was plenty of warm air in the courtroom, and in the auditorium sat relatives of Gao Shengyang's family and his daughter-in-law Zhao Lan. The victim Guo Yuxiang's family did not come to attend the hearing again because they received compensation.

Both the prosecution and the defense, as well as the appellant Gao Shengyang, had no objections to the facts and charges found in the first trial, but they had major disputes over the sentencing.

The prosecutor believes that the appellant Gao Shengyang has committed the crime of intentional injury and does not have statutory mitigating circumstances. However, considering that he is not harmful to society and has little subjective malice, it is appropriate to sentence him to ten years in prison in the first instance. It is recommended that The court dismissed the appellant's appeal.

Fang Yi's defense opinion is very simple, based on the principle of proportionality of crime and punishment, and the criminal justice policy of combining leniency with severity. Although the appellant has committed the crime of intentional injury and does not have any statutory mitigating circumstances, the appellant Gao Shengyang has no criminal record, has relatively low subjective malignancy, average means of injury, minor criminal circumstances, and little social harm. According to the provisions of Article 63, paragraph 2, of the Criminal Law, it is recommended that the court impose a penalty below the statutory penalty. The recommended sentence is one year in prison.

Perhaps the collegial panel felt that the focus of the dispute in this case was sentencing, and the reasons given by both parties were relatively clear, so after the prosecution and defense had expressed their defense opinions, they asked the appellant to make a final statement and ended the trial.

The Provincial High Court pronounced the verdict in court. The court found that the appellant Gao Shengyang was guilty of intentional injury and was sentenced to three years in prison below the statutory penalty. It was submitted to this court for approval in accordance with the law.

After hearing the verdict, Zhao Lan in the gallery stared at her husband's back and shed tears. Gao Shengyang was also relieved. Ten years was changed to three years. Three years is neither long nor short. But for the Gao family, there is one less labor force in the family, and their two children have to spend money to go to school. If it were not for the previous savings, As for my family's financial situation, my family lives in a rural area and has little expenses. I'm afraid it's really hard to live this life.

After Gao Shengyang was taken away, Zhao Lan found Fang Yi: "Lawyer Fang, thank you! Is my husband's case over?"

"Although the case has been sentenced, it still needs to go through the review process, because it is a three-year prison sentence that is less than the legal penalty (term imprisonment of more than ten years, life imprisonment, death penalty). After review by the Provincial High Court, it still needs to be reported to the Supreme Court for review. ." Fang Yi explained.

Shortly thereafter, after reports were filed step by step, the Supreme Court formed a collegial panel in accordance with the law, reviewed the case, and approved the second-instance judgment. At this point, the case of Gao Shengyang's intentional injury causing death has been closed.