Lawyer's character

On this day, Fang Yi had just returned from the detention center meeting when the legal assistant of the litigation department sent him a message. A client came from the law firm and asked Fang Yi to handle her husband's case by name. It was said to be an intentional homicide case.

The lawyer negotiating the case with the client negotiated a legal fee of 100,000 yuan, but the other party had to negotiate with Fang Yi before signing the contract. The lawyer negotiating the case had to contact the paralegal and ask Fang Yi to meet the client in the conference room.

Sitting in the conference room was a woman in her forties, wearing ordinary clothes. Her cheeks were red, her skin was rough, and her body was strong. It was obvious from a glance that she often worked in the fields. Her name is Wu Caiying, and she is the person Fang Yi wants to meet.

"Hello, Ms. Wu, I'm Fang Yi." Fang Yi sat down and looked at Wu Caiying: "My colleague said you want to entrust me with a case?"

"Yes. Lawyer Fang, my husband killed someone and is now being held in a detention center. The procuratorate has accused my husband of intentional injury..." Wu Caiying was anxious and spoke even faster.

"Ms. Wu, please speak slowly, don't be impatient. How did you find me here?" Fang Yi had to control the rhythm of the conversation, otherwise he would be incomprehensible and waste time by just letting the other party move around with a hammer and a stick.

Zhou Ying took a pen and paper and sat aside to take notes.

"I'm sorry, Lawyer Fang. I'm too anxious. I came here after seeing reports about you on the Internet. Let me tell you from the beginning..." Wu Caiying picked up the paper cup in front of her and took a sip of tea. After calming down, he told the story of the incident.

Wu Caiying's husband is named Shan Guangquan. The couple contracted an orchard near the village. The old couple is responsible for the management of the orchard, and the son is responsible for online sales. The family is smart and good at business, selling online and offline at the same time. The business has been doing well in the past four or five years. It was very popular and made some money. The year before last, the couple bought a three-bedroom house for their son in the county with full payment for their wedding.

On weekdays, Shan Guangquan and his wife live in the orchard. Firstly, it is convenient to take care of the orchard; secondly, they are used to living outside the village and feel clean and unwilling to return to the village.

One night in September last year, around nine o'clock in the evening, after Shan Guangquan and his wife fell asleep, they suddenly heard a dog barking in the orchard. Then the dog screamed, as if it had been beaten.

Shan Guangquan was just about to get up and go out to check when he heard someone calling their couple's names outside the house. Shan Guangquan didn't agree, so he hurriedly put on his clothes and went to the outhouse to check. He saw a figure standing in front of the door, tearing open the screen on the window and reaching in to open the window.

In desperation, Shan Guangquan picked up the pole used to push up the door, went up and hit him, but because of nervousness, he smashed the window against the window, scaring the other party away.

When Wu Caiying in the back room heard the noise, she ran out wearing clothes and holding scissors. By the time Shan Guangquan chased her out of the house with the door bar in hand, she had already disappeared.

Because the orchard is relatively remote and the mobile phone signal is intermittent, it is impossible to call the police. For safety reasons, Shan Guangquan went back to the house and brought a homemade dagger. After locking the door with his wife Wu Caiying, he went to the village director's house for help and called the police. Then the village director called someone to prepare to go to the orchard site.

Wu Caiying and her husband Shan Guangquan returned to the orchard first. When the couple arrived at the gate of their orchard, they noticed a dark shadow shaking in the orchard.

Shan Guangquan drew out his dagger and walked ahead into the orchard. He saw a figure dangling in front of his house door. This person was Yan Jianshun who was called by the village director. Because he was relatively close to the orchard, he arrived at the orchard first. Seeing that the gate of the orchard was unlocked, he came in and waited in front of the house door for Shan Guangquan to come back.

Because it was dark and there were no lights on in the orchard, Shan Guangquan failed to recognize Yan Jianshun and mistakenly thought he was the criminal who had just arrived. Seeing him walking towards him, Shan Guangquan mistakenly thought that the other party was about to take action. Without waiting for the other party to speak, he took a few steps quickly and stabbed the approaching Yan Jianshun in the chest with the dagger in his hand.

Yan Jianshun fell to the ground after being stabbed. At this time, the village director arrived with people. When he saw Yan Jianshun lying on the ground, he was shocked and told Shan Guangquan that he had called Yan Jianshun for help. At this time, Shan Guangquan was also dumbfounded.

By the time everyone rushed Yan Jianshun to the county hospital, he had stopped breathing due to hemorrhagic shock.

"According to your statement, your husband Shan Guangquan stabbed the victim Yan Jianshun because he mistook him for the person who tried to break into your home before?" Fang Yi looked at him.

"Yes, it was cloudy that night and there was no moon. Both of us were very nervous, so my husband accidentally killed Yan Jianshun. During this time, I had already negotiated with the Yan family and gave them the house in the county as compensation. This The trouble made our family unable to survive. People in the village persuaded me that it was fate and my husband should suffer this fate.

I asked several lawyers, and some said that defense can be used as a defense, while others said that it was intentional injury, because if someone dies, they are likely to be sentenced to more than ten years in prison, or even life imprisonment or death.

Lawyer Fang, do you think my husband will be sentenced to life or death? "There were faint tears in Wu Caiying's eyes.

"I haven't seen the case file so far, so it's hard to make a judgment. According to what you just said, your husband must have committed a crime. Since the procuratorate has transferred the case to the Intermediate People's Court, the recommended sentence should be more than ten years. I feel that the court sentenced The chances of your husband being sentenced to life imprisonment or receiving the death penalty are not very high.

Of course, the premise is that everything you tell is true and you do not hide the truth. Fang Yi thought for a moment and said.

"Lawyer Fang, there is no lie in what I say. Every word is the truth. I know that you are an expert in criminal matters, and my husband's case will trouble you. You must help me, otherwise our family will be doomed." Wu Caiying's voice had a crying tone, and it was obvious that she was really anxious.

Early the next morning, Fang Yi and Zhou Ying went to the detention center to meet Shan Guangquan. Shan Guangquan was a tall man with a loyal face. Maybe it was because he had been managing the orchard all year round. The skin on his neck and face was a little dark and red, and his skin was rough.

Shan Guangquan's description of the facts of the case was consistent with that of his wife Wu Caiying. He took the first step and stabbed Yan Jianshun to death out of fear.

Then Fang Yi and Zhou Ying went to the Intermediate Court to review their papers.

In the office, Zhou Ying frowned and looked seriously at the key information about Shan Guang's case written on the whiteboard. She scratched her head and looked at Fang Yi: "Lawyer Fang, can we defend from the perspective of excessive defense?"

"Tell me your reasons." Fang Yi put down the teacup and looked at her.

"This is what I understand. On the night of the incident, unknown people did come to Shan Guang's family and tried to break into his house.

When Shan Guangquan and his wife went out to seek help and returned to the orchard, they found someone wandering in front of their house. It was pitch black at the time and they couldn't see clearly who the person was. Out of panic, in order to protect their property and personal safety , Shan Guangquan chose to strike first and accidentally killed Yan Jianshun.

Although the defendant Shan Guangquan had intentional intentions, he did so to protect his legitimate interests. Does this explanation make sense to you? "Zhou Ying came to Fang Yi, added some water to Fang Yi's cup, and asked.