Lawyer's character

Soon, Geng Di's murder case was heard in the Provincial High Court. The prosecution and defense had no dispute over the facts of the case, and the focus of the dispute was on sentencing.

After two rounds of debate between the prosecution and the defense in court, the presiding judge ended the trial. After a ten-minute adjournment, the presiding judge announced the verdict.

The Provincial High Court held that the defendant Geng Di in the original trial entered the victim's home for the purpose of making money and falsely claimed to borrow money. After being rejected, he committed an armed attack and used a porcelain teapot, a kitchen knife, etc. to smash and chop the victim's head, neck and other vital parts. For more than 20 years, he killed the victim and confiscated 3,200 yuan in cash and a gold necklace (valued at 1,800 yuan). Geng Di's behavior constituted the crime of robbery.

The facts found in the original judgment were clear and the evidence was reliable and sufficient, but the conviction was inappropriate. Although Geng Di, the defendant in the original trial, agreed to surrender under the persuasion of his relatives, he did not voluntarily surrender. Moreover, he gave a false name when he was arrested in order to avoid legal sanctions, so he cannot be considered to have surrendered.

The uncle of the defendant in the original trial reported the case to the public security organ, which was considered a righteous act of annihilation of relatives. The prosecution's grounds for protest were established. The final verdict of the Provincial High Court: 1. Revoke the first item of the Intermediate Court’s criminal judgment (that is, the defendant Geng Di was guilty of intentional homicide and sentenced to death, suspended for two years, and deprived of political rights for life); 2. The defendant Geng Di was guilty of robbery. crime, sentenced to death, deprived of political rights for life, and fined RMB 2,000.

After hearing the verdict of the Provincial High Court, Fang Yi and Zhou Ying at the defense table and the two prosecutors at the prosecutor's table were very surprised. Both sides believed that Geng Di was guilty of homicide. Both sides defended for more than an hour. As a result, the Provincial High Court ruled that Geng Di was guilty of robbery.

Both the prosecution and the defense felt that the argument was lonely. It turned out that they didn't listen to them at all and were just going through the procedures. But this is already the final verdict, and the death penalty is imposed. As long as it is reported to the Supreme Court and approved by the Supreme Court, the case will be considered settled.

The procuratorate didn't care. Anyway, they thought the first trial was lenient from the beginning, and the death penalty imposed by the High Court was in line with their estimated sentence.

However, the defense had other objections. Fang Yi believed that the case should not be decided in this way. The High Court's decision was beyond his understanding. Fang Yi at the defense table was stunned for a while before he came to his senses.

Although Fang Yi had vaccinated Geng Kunshan before, when Geng Kunshan in the auditorium heard the verdict, he still couldn't accept it and sat on his chair with blank eyes. Finally, he was helped out of the court by his younger brother Geng Kunshui.

Seeing that Fang Yi was not in a high mood, Zhou Ying did not dare to speak. She followed him silently, got into the car, started the car and drove to the law firm.

"Xiao Zhou, did Geng Kunshan call?" Fang Yi walked into the law firm listlessly early the next morning and asked when he met Zhou Ying.

"No, but when we came out of the High Court yesterday, I saw his brother supporting him, and then an ambulance drove in." Zhou Ying was not in a high mood. She wanted to feel the sense of accomplishment again and satisfy herself. vanity, but the result is...

"Xiao Zhou, victory or defeat is a common matter for military officers, don't get too entangled." Fang Yi advised her when he saw that she was not in a high mood.

Zhou Ying nodded and thought to herself: I hope you won’t be too entangled.

"The scope of Geng Kunshan's entrustment includes the Supreme Court's death penalty review process. After the verdict is handed down, I will submit a written defense opinion to the Supreme People's Court. Keep an eye on Geng Di's case. When the results come out, remember to notify Me." Fang Yi said.

Fang Yi submitted a written defense opinion to the Supreme Court, not because he felt sorry for Geng Di, but because this clause was included in the client's entrustment. The most important thing was that Fang Yi felt that the provincial high court's judgment was problematic and had no basis in law. Even if Geng Kunshan does not entrust it, he will suggest it to the parties concerned.

"Okay." Zhou Ying agreed.

Looking at Fang Yi's leaving figure, she originally wanted to ask him if there was any point in doing so since he was already in the death penalty review process. But in the end she still didn't ask. Perhaps this was the lawyer's final stubbornness.

(The Supreme Court issued the "Measures on Hearing Opinions of Defense Lawyers in Handling Death Penalty Review Cases" (Fa [2014] No. 346, effective February 1, 2015). Article 2 of the Measures stipulates that lawyers accept the opinions of defendants and recent defendants. If a lawyer is entrusted by a relative or assigned by a legal aid agency to serve as a defense lawyer in a death penalty review case, he or she must submit relevant procedures to the relevant tribunal of the Supreme People's Court within three working days from the date of acceptance of the entrustment or assignment.

The defense lawyer shall submit defense opinions within one and a half months from the date of acceptance of the entrustment or assignment.

The above measures clarify the work content of lawyers in the death penalty review process. Although the role of lawyers may be minimal, procedural justice is still necessary. )

When she was about to get off work in the evening, Sister Lan called Fang Yi, invited him to dinner in the evening, and told him that she had something to consult. Fang Yi nodded and went downstairs and drove away.

In a private room of a private restaurant in the city, Sister Lan was admonishing a forty-year-old woman with a sad face. It can be seen from her clothes that the conditions at home are relatively good.

"Sister Lan, I'm sorry I'm late." After Fang Yi entered the private room and saw Sister Lan inside, he thought he was late and said smoothly.

"Brother, don't be so polite. It's because we came early. We came half an hour early and have been chatting for a while.

Let me introduce to you, this is Luo Jie, my neighbor. We have such a good relationship that we eat and drink together. Luo Jie, this is Lawyer Fang. My brother, we are all our own people. If you have anything to say, you don’t have to hide it. "Sister Lan said carelessly.

"Hello, Lawyer Fang, this is my business card." Luo Jie stood up, took out a business card and handed it over.

After Fang Yi exchanged business cards with the other party, he took a look at the information on the business card. Luo Jie was the general manager of a jade company. Judging from her aura, she should be a veteran who has been in the society for many years.

"Brother, I asked you out this time because I have something I want to consult with you. Luo Jie, please tell me." Sister Lan said.

"Lawyer Fang, I won't hide it from you. My husband was sentenced to eight years for fraud and has served more than four years in prison. Originally, I thought he would learn from it, but he ended up in prison. We've done something wrong again." Luo Jie said with a frown.

"What happened?" Fang Yi asked curiously.

"He defrauded a death row prisoner of 100,000 yuan," Luo Jie said.

"Ah?!" Fang Yi's eyes widened in an instant. Such a talented person, he can really deceive people wherever he goes.

"How did he lie?" Fang Yi asked.

“He told a prisoner who was sentenced to a suspended death sentence that he could reduce his sentence, and then the two of them didn’t know how they discussed it. The prisoner who was sentenced to a suspended death sentence really believed it.

When relatives visited the prison, the prisoner asked his relatives to transfer 100,000 yuan to the bank account designated by my husband. As time went by, the death row inmate realized something was wrong and the prison did not commute his sentence at all, so he reported my husband to the prison.

In this way, my husband's case was transferred to the court.

Lawyer Fang, how many years do you think my husband will be sentenced to this time? Luo Jie asked.