Lawyer's character
Chapter 556 Does it count as surrender?
As soon as Fang Yi returned to the office, Zhou Ying sent the case file over.
"Lawyer Fang, this is from the case negotiation team, saying that it is a criminal case that the client has designated you to handle. The client is upstairs, and the case lawyer has just finished the negotiation." Zhou Ying said.
"Well, let's go upstairs and have a look." Fang Yi picked up the case files, flipped through them, and walked out. Zhou Ying followed closely.
In the conference room upstairs, a man in his fifties with gray hair and ordinary clothes listened to Xie Youhe's consolation with a complicated expression.
"Mr. Geng, this is Lawyer Fang Yi, a partner of our law firm.
Lawyer Fang, this is Mr. Geng Kunshan. Mr. Geng’s son was suspected of intentional homicide and was sentenced to a suspended death sentence in the first instance. However, the procuratorate was dissatisfied and has filed a protest. The case has reached the Provincial High Court. "Xie Youhe introduced Fang Yi when he came in.
After the introduction, Xie Youhe left the conference room.
"Hello, Mr. Geng, please tell me what you know. The content in the case record is not too detailed." Fang Yi took out a copy of the first-instance judgment and said.
"Hey, it's my fault for not raising a godfather. Speaking of which, it's all my fault. In order to get the mobile red flag, our team worked hard day and night. We finally took a break from work to pick up the child for my wife, but the result was not Got it." Geng Kunshan said with a guilty look on his face.
"Didn't receive it? Why?" Zhou Ying asked in surprise.
"The child was already in first grade at the time. I thought he was in kindergarten." Geng Kunshan said awkwardly.
After a while, Geng Kunshan continued: "The state has regulations that only allow one child to be born. After my wife gave birth to my son Geng Di, she doted on him very much. In order to give him the best life, the two of us lived frugally... "
After Geng Kunshan's son Geng Di graduated from junior high school, he knew he would not be able to go to college, so he went directly to a technical school. In those years, reforms were everywhere, and technical schools were allotted on a merit-based basis.
After Geng Di spent three years in a technical school, he relied on his father Geng Kunshan's connections to find a job in the factory. However, because he was free and undisciplined, he couldn't do anything and had nothing to eat, so no team was willing to take him. In the end, the factory assigned him to the logistics department. After a year of working there, the contract expired and the factory did not renew his contract.
Geng Kunshan knew what his son was like and was too embarrassed to intercede with the factory, so he set up a stall for him to sell pancakes. Geng Di felt that selling pancakes was embarrassing and he didn't work for a whole day, so he sold the pancake stall for a few dollars, and then wandered around on the street all day long.
In mid-July this year, Geng Di ran out of money, so he asked his parents for money. His mother was willing to give him some, but his father Geng Kunshan refused. The father and son had a big quarrel, and Geng Di left home.
Relatives and friends at home all knew Geng Di’s virtues, but no one was willing to lend him money. In desperation, Geng Di thought of his father's apprentice in the factory, Xie Liang. Jie Liang often came to visit Geng Kunshan at home during holidays, and his relationship with him was not bad.
Early the next morning, Geng Di went to Xie Liang's home in Linxian County. It happened that Xie Liang was at home after work, and he was the only one at home.
Geng Di came to the county to do business on the pretext of having breakfast. When he was having breakfast at a breakfast stall, he bumped into two young men at the next table. As a result, the two young men started fighting. He went on a killing spree and beat the other two to pieces. Later, the police came. Let him compensate the other party for his medical expenses. He had no money in his hand, so he came to ask Xie Liang to borrow 5,000 yuan to compensate others.
Jie Liang was almost angry. The Geng Di in front of him was neatly dressed, his hair was combed and shiny, and there was no mess at all. There was no injury on his face. How could one person hit two? A peerless master! Xie Liang knew at a glance that Geng Di was lying.
Jie Liang has an upright personality and immediately takes Geng Di to the police station to verify the situation. Geng Di is furious when he sees it, saying that Jie Liang has no conscience and will not save him until he dies. Xie Liang also lost his temper and blamed him for talking nonsense.
The two quarreled and started to fight. Jie Liang didn't want to do anything to Geng Di for the sake of his master, so he just kicked him out. But Geng Di didn't think so and felt that Jie Liang had insulted him. Show no mercy at all.
During the fight, Geng Di picked up the porcelain teapot on the table and smashed Xie Liang's head, causing Xie Liang to become dizzy. At this time, Geng Di was already furious. He rushed into the kitchen and took a kitchen knife. When he came back, he slashed at Xie Liang's head and neck. Xie Liang was caught off guard and was hacked to death on the spot.
Seeing that someone had been killed, Geng Di panicked. Then he rummaged around the house for a while, but only found 3,200 yuan and a gold necklace (worth 1,800 yuan). He then fled the scene and ran to his residence. At the home of my uncle Geng Kunshui in the county.
Uncle Geng Kunshui saw that he looked strange, and after questioning, he found out that his nephew Geng Di had killed someone and came to avoid disaster. During dinner that night, Uncle Geng Di persuaded him to surrender. Geng Di knew that he would be caught sooner or later if he kept running like this, so he nodded in agreement.
The uncle was afraid that Geng Di would run away again, so he called the public security organ to report the case while going to the bathroom. Soon after, the public security organs came to the home and arrested Geng Di.
Geng Di confessed to the crime after he was brought to justice. Soon after, the Procuratorate transferred Geng Di's case to the Intermediate People's Court for intentional homicide.
After trial, the Intermediate Court held that the defendant Geng Di had a quarrel and fight with the victim because he failed to borrow money, and killed the victim Xie Liang during the fight. His behavior constituted the crime of intentional homicide and should be severely punished according to law.
Since the defendant Geng Di was able to surrender under the persuasion of his relatives after committing the crime, he may be given a lighter punishment according to law. The Intermediate Court ruled that the defendant Geng Di was guilty of intentional homicide and was sentenced to death with a two-year suspended sentence and deprived of political rights for life.
After the verdict of the first instance was announced, the Procuratorate believed that the defendant Geng Di was arrested after his uncle Geng Kunshui reported it to the public security organs. The defendant himself did not take the initiative to surrender, and Geng Di gave a false name when he was arrested by the public security organs and did not have the true intention of surrendering. Therefore, his behavior cannot be regarded as surrender.
The Procuratorate lodged a protest with the Provincial High Court on the grounds that Geng Di’s murder method was cruel, caused great harm to society, and the original sentence was unusually light.
The original defense lawyer felt that there was no chance in this case, and Geng Di might be sentenced to death in the second trial, so he gave up on the idea and found a reason to refuse the commission of the second trial. Geng Kunshan had no choice but to find another lawyer. He found Fang Yi's introduction on the Internet, so he came to Wanhua United Law Firm and wanted to entrust the case to Fang Yi.
"Lawyer Fang, I understand the principle of murder for life, but... now the procuratorate has filed a protest, saying that the court's sentence of suspended death for my son is too lenient, and my son does not surrender.
Although it was my brother who reported the crime, my brother had already asked my son before reporting the crime, and my son Geng Di agreed to surrender to the public security organ..." Geng Kunshan looked at Fang Yi, hoping that he would say something he wanted to say. Listen to the words.
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