Lawyer's character

“In addition, from the victim’s behavior of picking up an empty beer bottle, smashing the bottle and then using the broken bottle to ask for money from the defendant, it can also be seen that the victim’s true purpose was to retaliate against the defendant, which constituted provoking trouble.

After that, the victim Li Tao said that he wanted to "bleed" the defendant, and stabbed Gu Changfu in the face with a broken wine bottle. Gu Changfu failed to dodge and was stabbed on the left side of his neck and face.

The victim's behavior was essentially a situation where one party suddenly attacked after the fighting stopped. At this time, there was no fighting between the two parties. The victim brought someone to cause trouble with the purpose of beating the defendant to vent his anger. However, the defendant Gu Changfu had no intention of fighting and was only forced to defend himself when the victim committed the crime. Therefore, the victim Li Tao was unlawfully assaulted. people.

After the defendant Gu Changfu was stabbed by the victim, in order to prevent the victim from continuing to unlawfully assault him, he adopted a defensive method of hugging the victim Li Tao's waist. Later, due to the slippery ground, the two fell down.

The defendant Gu Changfu stopped the victim Li Tao from committing illegal infringement with a broken wine bottle for the purpose of defense. The defendant's behavior complied with the conditions of legitimate defense stipulated in the Criminal Law, and the defensive behavior did not exceed the necessary limit. Gu Changfu himself could not have expected that the victim Li Tao was stabbed to death by a broken wine bottle he was holding.

To sum up, after the dispute between the defendant Gu Changfu and the victim in the bathroom ended, the defendant's actions to stop the sudden attack by the victim Li Tao were legitimate defense. The defendant shall not bear criminal liability or civil liability for the consequences of defensive behavior. complete. "After Fang Yi finished speaking, he put down the written defense opinion in his hand.

(Note: The Supreme People's Procuratorate and the Ministry of Public Security's "Guiding Opinions on Properly Handling Minor Injury Cases in accordance with the Law", Gao Jian Fa Ban Zi [2022] No. 167, clearly requires the accurate distinction between legitimate defense and mutual assault-type intentional injuries. And lists typical examples case.

The guidance points out that when disputes arise over trivial matters, neither party can maintain restraint and a fight breaks out. The wrong party strikes first and the means are obviously excessive, or one party strikes first and continues to infringe even though the other party is trying to avoid the conflict, and the other party fights back, causing the other party Injury shall generally be deemed as legitimate defense.

However, in this article, in addition to the relatively clear restrictions on taking action first, the definition of the remaining words such as "obvious" and "excessive" is too vague. It still depends on the presiding judge to grasp it, which will test the judge's daily life experience and professionalism. level.

However, in the opinion of the author, the introduction of this guidance is an advancement of the legal system. Legal regulations are closer to reality and more down-to-earth. Interested book friends can check it out)

…

The most nervous person in the courtroom was the defendant Gu Changfu. Because the verdict of this case will determine whether he can continue to engage in his beloved research and development work in the future, and it may also completely change the direction of the second half of his life.

After a brief adjournment, everyone in the dock, auditorium and defense table looked at the presiding judge with anxiety.

The court held that the victim Li Tao’s behavior of injuring the defendant Gu Changfu with a broken wine bottle was an unlawful infringement. When the defendant Gu Changfu was stabbed on the left neck and face by Li Tao, in order to prevent Li Tao from continuing to commit harm, he hid behind Li Tao and hugged Li Tao's waist. Then the two slipped and fell, causing Li Tao to be stabbed by a broken wine bottle he was holding. The injury resulted in death.

Defendant Gu Changfu's actions to stop the illegal infringement in order to protect himself from ongoing illegal infringement were legitimate defense, and he was not criminally responsible for the damage caused to the illegal intruder, nor was he liable for civil compensation. Judgment: The defendant Gu Changfu is not guilty and does not bear civil liability for compensation.

The case was decided, and the defendant Gu Changfu was released in court.

Wu Qinghui, who was in the auditorium, really experienced Fang Yi's professionalism. The feeling of sitting in the defense table and "talking with the scholars" made him enjoy it.

Gu Changfu and his family are extremely grateful to Fang Yi.

Some were happy and some were sad. A few days later, after receiving the verdict, the victim's family filed an appeal against the first-instance verdict. The procuratorate also filed a protest on the grounds that the defendant's behavior was intentional injury to others during a fight, which constituted the crime of intentional injury and was not self-defense.

Gu Changfu and his wife approached Fang Yi again and went through the entrustment procedures for the second trial. Fang Yi collected another 100,000 yuan in legal fees. Of course, the cost will still be borne by Fahrenheit Group.

However, the second instance has not yet begun. After reviewing the protest opinions, the Municipal Procuratorate withdrew its protest against the case. This surprised Fang Yi. It seemed that the Municipal Procuratorate was still at a high level.

After hearing the case, the Intermediate People's Court made a ruling, allowing the Municipal Procuratorate to withdraw its protest and rejecting the appeal of the plaintiff in the attached civil lawsuit. At this point, Gu Changfu’s intentional injury case has been closed.

The day after receiving the second-instance ruling, Lu Zhengfeng came to Wanhua United Law Firm, and Fang Yi handed him the ruling in the conference room.

"Mr. Lu, what's going on with Mr. Gu's case? Do you have any clues?" Fang Yi asked casually during the chat.

"There is a result. In fact, this is not a secret. The company has already taken care of it, so it doesn't hurt to tell you..." Lu Zhengfeng told the story with a relaxed look.

In fact, when Lu Zhengfeng and Fang Yi were dealing with the case, Zhang Jun had already sent people to investigate the relevant situation privately. Later, after Fang Yi told Lu Zhengfeng what he had learned, Zhang Jun was more sure of his suspicions.

Gu Changfu is the general manager of the group's R\u0026D department, leading the research and development of new projects. Fahrenheit Group attaches great importance to the protection of company secrets. It spends tens of millions on protecting trade secrets every year, and there has never been any problem. Zhang Jun I feel that the problem with Gu Changfu this time must lie within the company.

After investigation, the suspect was finally identified as Ge Hong, the vice president of the R\u0026D department. Vice president Ge was the earliest senior engineer recruited by the group from the research institute.

Later, because his business capabilities could not meet the group's requirements, Zhang Jun hired Gu Changfu. As soon as he arrived, Mr. Gu took the lead in several major projects, and Ge Hong was overshadowed by the limelight. Seeing that there was no hope of promotion, Ge Hong felt jealous, so he planned to sell some information to make some extra money.

As a result, he was targeted by a competitor of the Fahrenheit Group. After buying several data from Ge Hong, the competitor discovered that Gu Changfu was leading people to develop new projects, and planned to let Ge Hong steal some project data.

Ge Hong had his own plan. He negotiated terms with the other party. He could steal data, but he had to put Mr. Gu down so that he would not be able to participate in research and development for at least half a year.

Ge Hong's purpose is very simple. After ousting Mr. Gu, Fahrenheit Group will not be able to find a suitable candidate for a while, and there is a high probability that he will be re-employed. He can then use Mr. Gu's research data and team to benefit himself. , consolidate their position, and at the same time gain access to more new project information.