Lawyer's character

"What were you thinking when you poisoned me?" Fang Yi asked.

"I want to poison Cheng Huixia to death. If she hadn't encouraged her son Sun Changwang to beat me behind the scenes, I wouldn't have had a miscarriage and lost the child in my belly..." Nie Shengping's eyes were a little dull, and there was a trace of emotion in her big, empty eyes. There are tears of hatred.

"When you put rat poison in medicine pots, porridge and teapots, did you ever think that it would poison other people?" Fang Yi asked.

Nie Shengping shook her head: "I misremembered the medicine jar. The teapot belonged to my mother-in-law Cheng Huixia. She only uses it. When I was cooking porridge, no one else was at home. I cooked it for her. I never thought of harming anyone else... …”

After coming out of the detention center, Fang Yi has been thinking about the breakthrough of the case.

After Zhou Ying got in the car, she started the car, held the steering wheel and said, "I was thinking yesterday that a woman who could be so cruel must have sharp teeth and a mean face, but today I saw that she is an ordinary woman who cannot be more ordinary. "

"Hey! Poor people must be hateful; hateful people must be miserable. Nie Shengwei is right, a slap can't make a difference, we should look at this case objectively." Fang Yi feels that this case is basically There is no room for lawyers.

"Is there hope for this case?" Zhou Ying turned her head and looked at Fang Yi in the passenger seat.

"What do you think?" Fang Yi asked.

"Difficult! Unless you catch up with the amnesty." Zhou Ying said.

"But I think there are some problems with the charges charged by the procuratorate. It may not constitute a crime of poisoning." Fang Yi thought for a while and said.

"I just know that you must have a way. Is there hope..." Zhou Ying looked at Fang Yi with surprise.

"There is little hope. It's just a different crime. Two people died and seven were injured. How is it possible?

Although the verdict may be the same, we still have to say what we should say if the prosecutor's accusations are wrong. This is our job. "Fang Yi interrupted Zhou Ying.

Not long after the fifteenth day of the first lunar month, Nie Shengping's case came to court. In the 12th Courtroom of the Intermediate People's Court, there were several people sitting in the auditorium, presumably family members of the victims. A few seats away from them, Nie Shengwei sat in the corner and listened to the prosecutor read out the indictment with complicated eyes.

Nie Shengping's eyes were dull in the dock. She didn't know what she was thinking, or maybe she was not thinking about anything at all. She was just waiting for the verdict.

The three male judges sitting in the courtroom looked like three diamonds, expressionless, either quietly listening to the prosecutor read out the indictment, or looking through the case files.

"...This court believes that the defendant Nie Shengping used poisoning to kill people because of a conflict with her mother-in-law Cheng Huixia. His behavior violated Article 115 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence It is true and sufficient that he should be held criminally responsible for the crime of poisoning.

In view of the number of defendant Nie Shengping's criminal acts, which resulted in the death of two people and the serious consequences of poisoning and injury to seven others, the method was cruel and the crime was extremely serious, it is recommended that he be sentenced to death. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law.

Presiding Judge, the indictment has been read out. "The male prosecutor put down the indictment and looked at the presiding judge.

"Defendant Nie Shengping, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges charged against you in the indictment?" The presiding judge looked at Nie Shengping in the dock with his eyes burning.

"No objection. I poisoned my mother-in-law, Cheng Huixia, and harmed other people..." Nie Shengping lowered her head and kept wiping her tears with the back of her hand.

Next, the prosecutor interrogated the defendant Nie Shengping on the facts of the case. Nie Shengping truthfully told the story of the conflict between the two parties and how she poisoned her mother-in-law Cheng Huixia. What she said was not much different from what Qian Yi knew, and was basically consistent.

Next, the defense attorney Fang Yi asked questions.

"The defendant Nie Shengping poisoned him three times. Who is your target? In other words, who do you want to poison?" Fang Yi looked at the defendant's seat.

"I want to poison Cheng Huixia to death because I hate her." Nie Shengping said bitterly with tears in her eyes.

"How did you put in the rat poison to achieve your goal?" Fang Yi then asked.

"The first time I put it in the medicine pot, the second time I put it in the porridge she asked me to cook, and the third time I put it in the teapot she often drinks from." Nie Shengping looked at Fang Yi.

"After several poisonings, did you ever think that you would poison others?" Fang Yi asked.

"I never thought about it. My mother-in-law and my father-in-law had one medicine pot. Unfortunately, I misremembered the location that time and put the poison into my father-in-law's medicine pot. Otherwise, nothing would have happened later.

The second time, my mother-in-law wanted to drink porridge. There was no one else at home, so I cooked the porridge for her. Unfortunately, the porridge was too hot. She only had a few mouthfuls before being asked away by the neighbor.

The third time I put rat poison in her commonly used teapot, no one in the family would touch her teapot, but I didn’t expect that she would give the tea in the teapot to the neighbors who came to drink..." Nie Shengping said in a very serious tone cold.

Fang Yi could tell that she had some regrets, not for committing the crime, but for missing out again and not poisoning her mother-in-law. The resentment in her heart was too heavy and could not be resolved at all.

There were people in the auditorium whispering to each other.

…

“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. "After the presiding judge finished speaking, he looked at the prosecutor's box.

"...Defendant Nie Shengping had a mother-in-law conflict with Cheng Huixia, so she had the evil intention to kill Cheng Huixia. She killed Cheng Huixia three times by releasing highly toxic rat poison containing fluoroacetamide. His criminal behavior has endangered unspecified people and caused two deaths. One person died and seven others were poisoned and injured. The method was cruel and the crime was extremely serious. It constituted the crime of poisoning. It is recommended that the death penalty be imposed! Over." The prosecutor's tone was very firm, as if he were pronouncing a sentence.

The presiding judge asked the defendant to defend himself, and Nie Shengping recounted his unfair treatment at the Sun family. Maybe it was because he had known his fate for a long time, or maybe he had been numb for a long time, but Nie Shengping acted very calmly, as if he was telling someone else's story.

"The defender expressed his opinion." After Nie Shengping finished speaking, the presiding judge looked at Fang Yi.

"Presiding Judge, Judge: The defender believes that the defendant Nie Shengping does not constitute the crime of poisoning. He targeted Cheng Huixia and poisoned two people multiple times, causing the death of two people and injuring many others. This should constitute the crime of intentional homicide for the following reasons:

1. The defendant’s poisoning target in this case was a specific person, Cheng Huixia.

The crime of poisoning is a type of crime that endangers public safety. It violates public safety, that is, the safety of life, health, and property of an unspecified majority of people.

The crime of intentional homicide is a crime that infringes on the personal rights of citizens, that is, the personal rights of specific citizens.

In other words, the crime of poisoning targets an unspecified majority of people, while the crime of intentional homicide targets specific people. In this case, the defendant's target of poisoning has always been Cheng Huixia, and his target belongs to a specific person.

2. The defendant has no subjective intention to endanger public safety.

The perpetrator of the crime of poisoning must have the intention to endanger public safety, that is, the life, health, and property safety of an unspecified majority of people, while the perpetrator of the crime of intentional homicide must only have the intention to deprive the life of a specific person.

In judicial practice, when the perpetrator attempts to kill a specific person by poisoning without endangering public safety, it should be deemed as intentional homicide.

In this case, the person Nie Shengping wanted to poison subjectively was Cheng Huixia, not an unspecified majority. Nie Shengping dropped rat poison several times at Cheng Huixia's home, not in public places. Rat poison was only put into the tableware, tea sets, and traditional Chinese medicine used by the victim Cheng Huixia, and not into the utensils used by the public.

Although many people accidentally ate and drank the traditional Chinese medicine, food and tea that Nie Shengping had injected with rat poison, these victims were not the unspecified targets that Nie Shengping pursued to kill. Therefore, the defender believes that Nie Shengping's act of illegally depriving others of their lives by poisoning constitutes intentional homicide.

In view of the fact that the defendant had the intention to kill because he was treated unfairly at home, and he truthfully confessed after being brought to trial, pleaded guilty and accepted punishment, and had a good attitude in pleading guilty, it is recommended that the court give a lighter punishment and sentence the defendant to death with a two-year suspended sentence. complete. "

Fang Yi knew that the defense opinion asking the court for a lighter punishment was somewhat weak and weak. Based on what the defendant had done and the bad consequences it had caused, his performance after being brought to justice was not enough to give him a lighter punishment, but as a defender he had to do something.

…

After the trial, there was a ten-minute adjournment. After the collegial panel deliberated, the presiding judge announced the verdict in court.

The collegial panel held that the defendant Nie Shengping used poisoning to kill people because of a conflict with her mother-in-law Cheng Huixia. His behavior constituted the crime of intentional homicide. His criminal behavior was numerous and caused serious consequences such as the death of two people and the serious consequences of poisoning and injury to seven people. Cruel and extremely serious crime. In accordance with the provisions of Article 232 and Article 57 Paragraph 1 of the Criminal Law of the People's Republic of China, the verdict is that the defendant Nie Shengping is guilty of intentional homicide and sentenced to death and deprived of political rights for life.

After the verdict was announced, the defendant Nie Shengping did not appeal, the procuratorate did not file a protest, and the criminal verdict came into effect. The Intermediate Court then submitted the case to the Supreme People's Court for approval in accordance with the law. After review, the Supreme Court approved the death penalty.

On this day, Zhou Ying knocked on the door and walked into Fang Yi's office.

"Lawyer Fang, the closing summary of Nie Shengping's case has been sent to you. Please check if it needs to be revised." Zhou Ying reminded Fang Yi when she saw Fang Yi sitting on a chair and looking out the window in a daze.

"Okay, I'll take a look at it later." Fang Yi came back to his senses and looked at Zhou Ying: "The case of Nie Shengping reminds me of the public trial at the threshing floor in the village when I was a child."

"Public trial?" Zhou Ying looked at Fang Yi doubtfully, obviously not understanding what he meant by public trial.

"When I was a child, people would go to the village to show movies every week. Whenever a movie was shown, the villagers would take benches and chairs to the threshing floor of the production team. It was like watching a concert now. Once it gets dark, When the movie started airing, both young and old watched it with great interest.

Of course, movies are also shown in the village now, but there are fewer people watching them. Only older people go to watch them, and the movies shown are all old-fashioned operas and old movies.

I remember one year, everyone in the village ran to the threshing floor. I thought there was going to be a movie again, so I followed them. The result was a public trial.

On the platform, two police officers were escorting a young woman. Next to them, someone from the court held a microphone and read out the verdict in front of the villagers.

I remember that the woman also put rat poison in her mother-in-law's rice because of the bad relationship between her mother-in-law and daughter-in-law, and was later sentenced to death. At that time, the villagers looked at the woman on the stage. Some scolded her, some hated her, and some made sarcastic remarks. It is said that the woman and her mother-in-law are both very domineering in the village, and they are at odds with each other. "

"Lawyer Fang, do you often hold public trials?" Zhou Ying asked with a wink.

"It sounds like someone commits a crime every day in our village." Fang Yi looked at Zhou Ying with a dissatisfied look on his face.

"No, that's not what I meant..." Zhou Ying looked embarrassed.

"The cases that can be brought to the village for public trial are all cases that have a particularly great impact on the local area. They don't happen every year. If they happen every year, that would be great!" Fang Yi said with a smile.

"Oh, that's right." Zhou Ying nodded.

"When will your trainee lawyer certificate expire?" Fang Yicha changed the subject.

"It's coming soon. It's due in April this year, and then I can apply for a red book (lawyer certificate)." Zhou Ying looked excited when she mentioned the matter of becoming a full-time lawyer.

"How's it going? Have all the conditions for becoming a regular employee been met?" Fang Yi asked.

"No problem. I did a lot of cases last year, and they were all handled by real lawyers, not in name. I heard that some trainee lawyers at other law firms worked for a year, but they didn't get a few cases. Some internships The lawyer is just a name, he has never been to the court or done any non-litigation projects." Zhou Ying said with a proud look on her face.

"This is just the first step. It's not easy to get involved in the lawyer world. It's up to you to get the master to practice. From now on, it's up to you.

In fact, it is better for you to handle a hundred cases with your master than to handle one case by yourself. Only when you handle a case by yourself can you truly complete the transformation of your role and grow rapidly.

So let me give you a suggestion: after you get your lawyer's license, do more cases and do it yourself. If you don't understand something, you can ask us, but you must think independently before asking. "Fang Yi said solemnly.

"Well, don't worry, I have already thought about it. After I get my lawyer's license, I will work as a legal aid for a while to practice my skills, and then I will find some simple cases to work on and take my time.

Lawyer Huang said that being a lawyer is like learning to drive. The more you practice, the more time you will get. "Zhou Ying smiled.

After the first month of the new year, the team gradually had more cases. Three lawyers from the litigation department of the Wanke Law team left. Two were due to lack of professional ability, and one was due to poor conduct and extra fees were charged to the client.

Wan Kefa was not in a hurry to recruit lawyers. Fang Yi guessed that he was waiting for the trainee lawyers to become full-time lawyers and wanted to choose from this group of trainee lawyers.

After finishing Nie Shengping's case, Fang Yi took on two more interview jobs and earned some pocket money.