Lawyer's character

Ning Guoyi's case was a legal aid case. The first and second trials were handled by Wang Deyou. When he received the case, he had already foreseen that the defendant in this case would most likely be sentenced to death. However, he was dissatisfied with the Provincial High Court's decision. He had some objections to the verdict, so after he went to get the criminal verdict in this case in the morning, he came to Fang Yi's office and wanted to ask for advice.

"Lawyer Fang, does the explosion carried out by the defendant Ning Guoyi with the purpose of killing Zhu Qianhong constitute the crime of intentional homicide or the crime of explosion? What do you think?" Wang Deyou asked.

After reading the judgments of the Intermediate People's Court and the Provincial High Court, Fang Yi pondered for a moment and said: "I believe that the explosion carried out by the defendant Ning Guoyi in this case for the purpose of killing should constitute the crime of explosion."

"Why?" Wang Deyou asked.

"This starts with the difference between the two crimes. The crime of explosion is a crime that endangers public safety. It refers to the behavior of the perpetrator deliberately detonating explosives, killing or injuring an unspecified number of people or damaging public or private property, endangering public safety.

Intentional homicide refers to the act of intentionally and illegally depriving others of their lives, and is a crime that infringes on citizens' personal rights.

There are eight major felonies in the Criminal Code: intentional homicide, intentional injury (must result in serious injury or death), rape, robbery, arson, drug trafficking, placing dangerous substances and explosion.

Although both crimes are serious crimes, the crime of explosion is more harmful to society than the crime of intentional homicide.

In this case, Ning Guoyi was very familiar with the place where the crime was committed, that is, the environment around Lao Zhu's house, and knew that there were other residents of the village living near Zhu Qianhong's house.

Moreover, Ning Guoyi once worked in a stone quarry. He often used explosives to break up mountains and blast rocks, and he also knew how to make explosives. At the time of the incident, in order to increase the destructive power of the explosion, he deliberately tied two explosive packages together and threw them into the room through the back window of Zhu's house. From this, it can be seen that he should be very clear about the consequences of the explosion.

His purpose was very clear, which was to blow up the house of Lao Zhu's family and kill Zhu Qianhong. He had a laissez-faire attitude towards whether the explosion would endanger the safety of other people in the Zhu family and whether it would affect the surrounding neighbors.

Subjectively, Ning Guoyi had the intention to endanger the lives and property of an unspecified number of people; objectively, Ning Guoyi's behavior caused serious consequences of damaging Lao Zhu's house and causing one death and three injuries, and also caused varying degrees of damage to surrounding houses. .

Ning Guoyi's behavior has endangered public safety, so his behavior constitutes the crime of explosion rather than intentional homicide.

In practice, if the perpetrator uses explosions as a means to kill specific people, his behavior constitutes intentional homicide as long as it does not endanger public safety. If the perpetrator kills a specific person by means of explosion, and the explosion endangers public safety, and he pursues or indulges in the consequences of endangering public safety, his behavior constitutes the crime of explosion.

In addition, this case is a crime of competing legal provisions. The defendant Ning Guoyi committed an explosion based on one criminal intention and committed two crimes of explosion and intentional homicide at the same time.

When convicting and punishing offenders with conflicting legal provisions, the principle that special laws are superior to common laws and that heavy laws are better than light laws should be adhered to. As far as this case is concerned, the Provincial High Court followed the principle of handling competing crimes under the law and convicted and punished the crime of explosion. I think it is correct. "Fang Yi said.

"A doctor of law is a doctor of law. It is much better than me who became a monk halfway. You can answer any question in your mouth. I admire you! I am convinced!

Come on, I'll treat you to lunch. "Wang Deyou didn't expect that Fang Yi's theory and practice were so strong. It seems that Fang Yi's doctorate is really not just a diploma, but he does have real talent and practical knowledge.

After lunch, Fang Yi returned to the office to tidy up, and then drove to Shengfeng Group.

"Sister Lan, are you calling me here so urgently? Is there an important case?" Fang Yi walked into Sister Lan's office carrying his briefcase.

"Brother, I will introduce you to a friend in a moment. His surname is Shi, and his name is Shi Guangyong. He is one of our partners, who specializes in providing cement to our engineering company. He is the owner of a small cement factory.

His son was arrested some time ago. The lawyer he found was not good enough and asked him for 100,000 yuan. As a result, the case was not settled. He called me last night and asked me to introduce him to a criminal lawyer, and I thought of you. I’ll let Lao Shi tell you about the specific case later. "Sister Lan said carelessly.

While the two were talking, a burly, bald man in his fifties, wearing a leather jacket, knocked on the door and walked in: "Mr. Gao, are you busy?"

"Oh, say Cao Cao, Cao Cao will be here. I just mentioned you, and you are here. Come and sit down with Mr. Shi." Sister Lan stood up and greeted.

"Who is this?" Shi Guangyong looked at Fang Yi and asked.

"This is Lawyer Fang who I recommended to you, and he is also my brother. Lawyer Fang is a partner of Wanhua United Law Firm, specializing in criminal litigation. He has known me for many years and is now the legal advisor of our group. Specialized in criminal matters." Sister Lan introduced.

"Hello, Mr. Shi." Fang Yi stood up and said with a smile.

"Hello. Lawyer Fang, I heard Mr. Gao mention you before, but I didn't expect you to be so young." Shi Guangyong looked Fang Yi up and down and said.

"Although my brother is young, he has handled many major and important cases. There is an introduction to him on the Internet. Ask your secretary to check it for you, and he will come out in a hundred degrees." Sister Lan said.

"My secretary? Let's forget it." Shi Guangyong curled his lips and said.

"What's wrong?" Sister Lan asked.

"I was fired by my wife. She was said to be too young, unstable and not suitable to be a secretary." Shi Guangyong said helplessly.

"Okay, I'll have someone print out an introduction to Lawyer Fang for you in a moment. You guys talk first, and I'll make arrangements." Sister Lan found an excuse and left the office, leaving the place for Shi Guangyong and Fang Yi.

"Mr. Shi, drink tea." Fang Yi picked up the teapot, brewed another pot of tea, and poured a cup for the other party.

"Lawyer Fang, to be honest, something happened to my son and he was arrested. I want to ask you for advice and see if there is anything we can do." As he said this, Shi Guangyong took out a criminal verdict from his bag and handed it to him. Fang Yi.

"This is the verdict. Take a look at it. The old man said that beauty is the source of disaster. This is not true at all..." Shi Guangyong introduced the incident.

At the beginning of the year, Shi Guangyong's son Shi Ling got married to his girlfriend Jiang Yu, whom he had been dating for more than half a year. After their honeymoon, Shi Ling has been busy with the family business. Jiang Yu has become a rich wife, and her main daily job is to go shopping. purchase.

One afternoon in June, the defendant Shi Ling was invited to the hotel to meet with customers to discuss the business of supplying cement. Just when he was about to go back after discussing business, he passed by the hotel lobby and accidentally saw his wife Jiang Yu sitting in the hotel lobby, as if waiting for someone.