Lawyer's character

With nothing to do at home, Li Zhiguo's greatest pleasure after having a full meal every day was to go to the east end of the village under the north wall to bask in the sun with a group of villagers and chat about the mountains. It was during the chat on the mountains that things happened.

There is a man named Wu Jianguo in the village, who is now forty-six years old. He usually has some conflicts with Li Zhiguo and looks down on each other. As long as the two of them meet together, Sesame Mung Bean will get into a fight over anything big.

On the day of the incident, Li Zhiguo went to the base of the north wall to bask in the sun and chat about mountains, and happened to meet Wu Jianguo. The two quarreled again because of the beautiful country's election, and it got more and more heated. I don't know who started it. Grandma Zuzu started to curse, and everyone was dumbfounded.

It should be said that Li Zhiguo and Wu Jianguo are also a pair of people who only eat carrots and worry about nothing. They are not full yet, but they actually worry about other people's affairs. They really regard the north wall of their village as the United Nations!

Seeing that the two of them were about to start a fight, everyone hurriedly went up and pulled them apart. They were all from the same village. It was not worth it to have their arms and sleeves rolled up to fight for an election in a foreign place!

Whether it's worth it or not is not decided by the villagers. Li Zhiguo didn't compete with Wu Jianguo, and he was scolded again, feeling very angry. Seeing Wu Jianguo arrogant like a big rooster, Li Zhiguo became furious. After returning home, he picked up a kitchen knife and went straight to the north wall at the east end of the village. He wanted to settle old and new grudges together.

As a result, Li Zhiguo slashed Wu Jianguo several times with a kitchen knife. The knife was bloody and Wu Jianguo was injured in many places. Wu Jianguo was also brave. During the fight, he picked up a stone from the ground and hit Li Zhiguo. Li Zhiguo was also hit several times by Wu Jianguo. His body was bruised and his head was bleeding. Later, Li Zhiguo fled the scene.

Things happened so fast. When everyone saw that the two of them were getting serious, the fight was already over before they could react. Someone took out his cell phone and hurriedly called the emergency number. Someone stepped forward to help Wu Jianguo, who was covered in blood, and bandaged him to stop the bleeding.

After Wu Jianguo's family called the police, the police arrested him in Li Zhiguo's home. The case was quickly transferred to the procuratorate. After the procuratorate reviewed the prosecution, the case file was transferred to the county court.

After forensic identification, Wu Jianguo's physical injuries were assessed as minor injuries level two, and Li Zhiguo's physical injuries were assessed as minor injuries.

After the incident, Li Zhiguo's wife followed the lawyer's advice and bought a lot of gifts. She went to the Wu family to apologize and paid the Wu family 20,000 yuan in compensation. Because the Wu family was angry, they did not issue a letter of understanding.

"We have gone to the procuratorate to communicate with the prosecutor responsible for handling the case. Since Li Zhiguo truthfully confessed his crime after being brought to justice and was able to actively compensate the victim for part of his economic losses after the incident, the prosecutor will consider recommending that the court give a lighter punishment.

In view of the fact that the defendant and the victim harmed each other, we now have two opinions. The first opinion is that the victim Wu Jianguo had certain faults in this case, and the defendant's civil liability for compensation can be reduced by 20% according to law.

The second opinion holds that the occurrence of the case was entirely caused by the defendant Li Zhiguo, so the defendant should compensate the victim for all losses.

Lawyer Fang, what do you think? "Lawyer Zhao said.

All the lawyers in the firm know that Fang Yi is an expert in criminal matters and is easy to deal with, so if they encounter problems in criminal cases and are undecided, they will listen to his opinions. They may not necessarily adopt all of them, but at least they can open up new areas. Think about it.

"I understand that what Lawyer Zhao just said is about the division of responsibilities in the case. The division of responsibilities in the civil aspect is different from the division of responsibilities in the criminal aspect. If it can be determined that the victim also has a certain degree of responsibility, the court will also decide on the sentencing. It will be considered. There will also be some reduction in civil compensation.

In this case, I agree with the second opinion. "Fang Yi said.

"Lawyer Fang, I think that although the defendant Li Zhiguo stabbed Wu Jianguo with a kitchen knife, because Wu Jianguo failed to calmly handle the dispute between the two parties at the scene, and he also slightly injured Li Zhiguo during the fight, Wu Jianguo should be found guilty in this case. There is a certain degree of fault." Lawyer Gao, who Fang Yi had met before, said.

After Lawyer Gao finished speaking, everyone looked at Fang Yi.

Fang Yi thought for a moment and said: "I will give you my opinion, which may not be entirely correct. It is for your reference. I think the evidence in the case is not enough to determine that the victim Wu Jianguo was at fault. The reasons are as follows:

It is very common in cases where the victim is at fault. If I remember correctly, Article 131 of the General Principles of the Civil Code (which will expire after the promulgation of the Civil Code) stipulates that if the victim is at fault for the damage, the civil liability of the offender can be reduced. In criminal cases, if the victim has certain faults, it will also affect the defendant's sentencing.

However, the victim's fault in criminal cases is different from the fault we talk about in ordinary daily life, and has its own specific meaning.

Victim's fault in the sense of criminal law means that the victim commits wrong or inappropriate behavior due to subjective fault, and the behavior violates the law or social order, good customs, ethical norms, etc., and infringes upon the defendant's legitimate rights and interests or other legitimate interests. , objectively inspired the occurrence of criminal behavior.

In judicial practice, to determine whether the victim is at fault in the sense of criminal law, the following aspects are generally considered:

1. The person who commits the wrongful act must be the victim.

2. The victim should be subjectively at fault. That is, the victim's subjective state of mind is intentional or negligent and should be condemned legally or morally. If it is other behavior that cannot be attributed to the victim, it cannot be determined as the victim's fault.

3. The victim’s behavior violated legal provisions, or violated social order, good customs, and ethical norms, and should be negatively evaluated by society.

4. There is a causal relationship and correlation between the victim's faulty behavior and the occurrence of the defendant's criminal behavior.

Back to this case, based on the evidence on record, we know the following:

First, Wu Jianguo’s statement and witness testimony both confirmed that the quarrels between defendant Li Zhiguo and Wu Jianguo were all initiated by Li Zhiguo.

Second, both Wu Jianguo and witnesses confirmed that it was Li Zhiguo who first stabbed someone with a knife when the incident occurred, and then Wu Jianguo picked up a stone and hit Li Zhiguo. It was the defendant Li Zhiguo who struck first.

Although Wu Jianguo caused minor injuries to Li Zhiguo when he picked up a stone to hit Li Zhiguo, this was caused by Li Zhiguo's prior violation. There is no causality between Wu Jianguo's behavior and Li Zhiguo's criminal behavior, so Wu Jianguo's behavior is not a wrongful act in the sense of criminal law.

Therefore, I believe that Wu Jianguo’s behavior was in the nature of self-defense and there was no fault in this case. Li Zhiguo should pay full compensation to the victim Wu Jianguo.

The above is my opinion. "Fang Yi said.