Lawyer's character

"What did you do on the day of the incident? Why was the victim at your home?" the prosecutor asked.

"I went to the school gate to find him, tricked him into coming home for dinner, and asked him to send a message to his sister Lian Yu. He was a little reluctant, so I forcibly took him home and tied him up with a rope." Dalin said.

"What did you do after you took the victim home?" the prosecutor asked.

"I called the Lian family and asked them to prepare 200,000 yuan to send over. Otherwise, I will kill Lian Zhen." Sun Dalin said.

"Why did you do this? What was your purpose?" the prosecutor asked.

"I spent 180,000 yuan to marry his sister Lian Yu. The famine has not paid off even now. Even my family encouraged Lian Yu to divorce me. I want all the money back." Sun Dalin said.

"You said Lian's family encouraged Lian Yu to divorce you. How did you know?" the prosecutor asked.

"My guess is that Lian Yu and I are living well. Why did she file for divorce as soon as she returned to her parents' home? It must be her family's fault." Sun Dalin said.

He claimed that Lian's family encouraged Lian Yu to divorce, but he couldn't provide any evidence. It was all based on his thoughts and guesses. Fang Yi had asked him this question before, but he couldn't find any evidence and even his family members denied it, so he had to give up.

"Why did your daughter-in-law Lian Yu return to her parents' home?" the prosecutor asked.

"I...I beat her." Sun Dalin hesitated.

"How many times have you been beaten?" the prosecutor asked.

"I beat...I can't remember it either." Sun Dalin was a little confused.

"Isn't it 180,000? Why do you want 200,000? What's the extra 20,000?" asked the prosecutor.

"That's my compensation." Sun Dalin said.

"Have you received the money?" the prosecutor then asked.

"No. Lian's family called the police. In order to retaliate against the Lian family, I stabbed Lian Zhen with a knife." Sun Dalin said.

"Who caused the injuries to the victim?" the prosecutor asked.

"It's me. I did it with a knife." Sun Dalin said.

"Presiding Judge, the prosecutor has finished asking questions," the prosecutor said.

"Does defendant Sun Dalin's defender need to ask questions to the defendant?" the presiding judge asked.

"The defender needs to ask questions." After Fang Yi finished speaking, he looked at Sun Dalin in the dock: "Defendant Sun Dalin, have you been to Lian's house before the case?"

"Been there." Sun Dalin said.

"What to do?" Fang Yi said.

"Go find Lian Yu and ask her to go home." Sun Dalin said.

"Did she agree?" Fang Yi asked.

"No, Lian Xicai, my father-in-law, wouldn't let me see her. Later, I blocked him outside her house and wanted to tell her about going home, but Lian Xicai wouldn't let me talk to her. , and even called the police. So I hate Lian Xicai and my family. If they hadn't encouraged Lian Yu to divorce, I wouldn't be here today." Sun Dalin said. His eyes were full of resentment.

"Presiding judge, the defender has finished asking questions." Sun Dalin has a rather eccentric personality and likes to get into trouble. Fang Yi can only ask questions to the end. If he asks more questions, he doesn't know what Sun Dalin will say that is not conducive to his own side. Such words Just passive.

"The following is the presentation of evidence and cross-examination. Do the prosecution and defense parties and the defendant have any new evidence to submit?" the presiding judge asked.

"No." All three parties said.

Sun Dalin recognized all the evidence presented by the prosecutor. Facts speak louder than words. The police arrested Sun Dalin on the spot, and Fang Yi could not defend him.

“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, judge: The defendant Sun Dalin killed the kidnapped person during the kidnapping process, causing him serious injury. His behavior has constituted the crime of intentional injury and kidnapping, and should be severely punished in accordance with the law. In accordance with Article 233 of the Criminal Law of the People's Republic of China In accordance with the provisions of Article 14 and Article 239, we recommend that the defendant Sun Dalin be sentenced to death. Over." said the prosecutor.

Lian Xicai in the auditorium felt very comfortable after hearing the prosecutor's suggestion. He wished that Sun Dalin would belch immediately.

"The defendant Sun Dalin will defend himself," the presiding judge said.

"It was Lian's family who encouraged Lian Yu to divorce and defrauded me of the money first, so I tied up Lian Zhen..." Sun Dalin said.

"Defendant Sun Dalin's defender expressed his defense opinion," the presiding judge said.

"Presiding judge, judge: The defender believes that Sun Dalin only constitutes the crime of kidnapping and not the crime of intentional injury. In addition, there is no situation in this case that caused the death of the kidnapped person or killed the kidnapped person. Sun Dalin should not be sentenced to death. The defender recommended that defendant Sun Dalin be sentenced to life imprisonment for the following reasons:

1. In this case, multiple crimes should not be punished at the same time.

The defender believes that during the kidnapping process or during the continuation of the kidnapping situation, if the kidnapper commits another act of harming (not causing death) or killing (attempting) the kidnapped person, if the harming or killing of the kidnapped person has not caused particularly serious consequences, , if the crime should be sentenced to life imprisonment or less, it should be punished as kidnapping. Because the "killing" and "injury" at this time are included in the "violent means" constituent elements of the crime of kidnapping.

In this case, the defendant Sun Dalin deliberately inflicted repeated shocks on the victim while the kidnapping situation continued. Although the victim was seriously injured, it did not cause serious disability to the victim. According to Article 234 of the Criminal Law, those who are seriously injured due to consecutive earthquakes shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

At this time, defendant Sun Dalin's harmful behavior has been included in the "violent means" of the crime of kidnapping, so there is no need to evaluate it separately. Therefore, he should be punished as the crime of kidnapping.

2. The death penalty should not be applied in this case.

This case occurred in September 2015. At that time, Amendment (9) to the Criminal Law had not yet been implemented. The provisions of the old Criminal Law on the crime of kidnapping should be applied in accordance with the principle of both old and lenient criminal law.

(On November 1, 2015, Amendment (9) to the Criminal Law of the People's Republic of China was implemented. The amendment amended the second paragraph of Article 239 of the Criminal Law to read: "Whoever commits the crime of the preceding paragraph and kills the kidnapped person, or Anyone who intentionally harms a kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and his property shall be confiscated.”

Article 239 of the "Criminal Law" before the amendment stipulates that anyone who causes the death of a kidnapped person or kills a kidnapped person shall be sentenced to death and his property shall be confiscated.

If according to the above amendment, Sun Dalin caused serious injuries to the victim and used cruel methods, the court can sentence him to death in accordance with the law, and there is nothing wrong with it)

According to Article 239 of the old "Criminal Law", whoever commits the crime of kidnapping and causes the death of the kidnapped person or kills the kidnapped person shall be sentenced to death.

This provision means that when the perpetrator commits the crime of kidnapping, the death penalty can only be applied if the kidnapper is killed or killed during the kidnapping. The aforementioned situation does not exist in this case.

The defender recommended that Sun Dalin be sentenced to life imprisonment. "Fang Yi said.