Lawyer's character

Just when Zhou Ying ran into Fang Yi's office with a document, Wu Qinghui also followed.

"What are you doing with a teapot?" Zhou Ying turned around and saw Wu Qinghui following behind him carrying a glass teapot.

"Ah...it's okay. Let me see if there is water in Lawyer Fang's tea cup." Wu Qinghui was stunned and followed him to Fang Yi's desk.

"Xiao Zhou, what's the good news?" Fang Yi asked.

"Do you still remember the Yang Rongwei robbery case I told you about last time?" Zhou Ying said excitedly.

"Yang Rongwei?" Fang Yi looked at Zhou Ying doubtfully.

"It was a legal aid case in which the victim was severely injured during a home invasion and robbery. The first-instance court sentenced the defendant to a suspended death sentence, but the second-instance sentence was changed to death penalty and immediate execution, and the Supreme Court conducted a review of the death penalty." Zhou Ying said.

"Remember, the Supreme Court's death penalty review result for that case has come down?" Fang Yi asked.

“It’s down, the Supreme Court has changed the verdict, this is the Supreme Court’s verdict.

After review, the Supreme Court held that the defendant Yang Rongwei used violent means to enter homes and rob other people's property. His behavior constituted the crime of robbery. The criminal methods were cruel and the circumstances were egregious, causing serious consequences to the victim, and he should be punished in accordance with the law.

The facts identified in the first- and second-instance judgments were clear, the evidence was reliable and sufficient, the convictions were accurate, and the trial procedures were legal. However, given that the defendant Yang Rongwei was a first-time offender and the consequences of the crime were not particularly serious, and he had a good attitude of pleading guilty after being brought to justice, he was sentenced to death but did not need to be executed immediately.

The first-instance judgment and sentencing were appropriate, but the second-instance revision was inappropriate and should be corrected. The verdict is as follows:

1. Revoke the sentencing part of the criminal judgment of the Provincial Higher People’s Court against defendant Yang Rongwei;

2. Defendant Yang Rongwei was convicted of robbery and sentenced to death with a two-year suspended sentence. He was deprived of political rights for life and all personal property was confiscated. "After Zhou Ying read the Supreme Court's judgment eloquently, she handed the judgment to Fang Yi.

"Wocao, the robbery victim was seriously injured and was sentenced to a suspended death sentence. Why are you so happy? Shouldn't you be punished severely?" Wu Qinghui said with a sense of justice.

"As a common man, there is nothing wrong with you saying this, but as a legal person, it is a bit inappropriate for you to say this. Any crime must have a certain degree of harm. If it is not a heinous crime, it cannot be sentenced to death. Do you understand? "Zhou Ying said in an old-fashioned way.

"Understood, I'll write it down in a notebook when I get back soon." Wu Qinghui said in a very silly manner.

"Lawyer Fang, I'm going back first." After Zhou Ying finished speaking, she turned around and walked out with bold steps.

"Hey! Stop looking, there's no one around." Fang Yi smiled and looked at Wu Qinghui to remind him. The latter was standing aside, stretching his neck and looking out the door, as if his soul had been taken away by Zhou Ying.

Wu Qinghui looked embarrassed and chuckled, "I mainly want to give you some tea."

"Forget it, your tea is black tea, mine is green tea..." Fang Yi smiled.

Gu Changfu's case finally went to trial. Although Wu Qinghui could not sit at the defense table, he could apply to observe. Gu Changfu's wife and Lu Zhengfeng were also in the gallery.

Sitting side by side with the two female prosecutors was a lawyer representing the criminal incidental civil litigation. The family of the victim in this case entrusted the lawyer to claim compensation of 500,000 yuan from the defendant.

Fang Yi sat at the defense table and listened to the prosecutor read out the indictment, while looking at a copy of the indictment.

"...This court believes that the defendant Gu Changfu had a grudge with the victim Li Tao in the bathroom of the barbecue restaurant, and the two of them fought each other in the barbecue restaurant, which eventually led to the victim being stabbed to death by a broken wine bottle he was holding.

The defendant's behavior violated Article 234 of the Criminal Law of the People's Republic of China. The criminal facts were clear and the evidence was reliable and sufficient. He should be held criminally responsible for the crime of intentional injury.

In view of the fact that the defendant Gu Changfu pleaded guilty and accepted punishment, and the victim had certain faults, according to the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China, leniency can be given. 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.

The indictment has been read out. "The female prosecutor read out with an upright look.

"Defendant Gu Changfu, did you hear clearly the indictment just read out by the prosecutor? What crime are you accused of committing? Do you have any objection to the criminal facts accused of you in the indictment?" The presiding judge is a man in his forties with a reserved A middle-aged female judge with short hair.

“I heard clearly, I have objections to the charges, I think I did not commit a crime and my actions were self-defense.

When there was an argument in the bathroom, I didn't urinate on Li Tao's shoes at all. He was the one who wanted to hit me, but he was persuaded to leave. After that, when I arrived at the lobby, Li Tao came to me with two more people, and he was the one who made the move first..." Gu Changfu defended.

When Fang Yi met him before, he analyzed the case. At that time, Gu Changfu obtained the qualification to study abroad by studying hard on his own, and he also obtained a Ph.D., so his brain was definitely sufficient. He knew that if he admitted it, his life would probably be ruined and he would become a victim of competition between companies.

So when Fang Yi left the detention center, he immediately made a decision.

After listening to Gu Changfu's defense, the two female prosecutors sitting in the prosecutor's seat immediately stared with frost on their faces. When he was in the detention center, Gu Changfu confessed his crime and accepted the punishment, but he immediately changed his mind when he went to court. This is so damn dishonest.

"The public prosecutor can question the defendant about the criminal facts charged in the indictment." The presiding judge glanced at the prosecutor and said.

"Defendant Gu Changfu, did you notice anyone next to you when you were in the bathroom?" the female prosecutor asked coldly.

"I noticed it, but there was a certain distance between me and the other person, and I didn't turn around. It was impossible for me to spill urine on his shoes." Gu Changfu explained.

"If it wasn't sprinkled, why did the victim hit you instead of others?" the female prosecutor asked.

"I said that the victim was just looking for trouble, do you believe it? I didn't do anything, how could I know why he wanted to trouble me?" Gu Changfu felt very unhappy.

"Why did you guys start fighting in the hall?" The female prosecutor was even more upset than him, and her tone was even colder.

"It was because of what happened in the bathroom that he brought two people over to make trouble and demanded 10,000 yuan in compensation from me," Gu Changfu said.

"What were you thinking at the time?" the female prosecutor asked.

"I thought it would be better to do less than to do more, but the victim wanted 10,000 yuan in compensation. It was a robbery, and they were blackmailing. My classmates wanted to call the police, and they rushed to grab the mobile phone, and the two sides started fighting." Gu Changfu said truthfully.

"Defendant, who made the first move between you and the victim?" the female prosecutor asked.

"He made the first move." Gu Changfu said.

"What did he do? What actions did you take?" the female prosecutor asked.