Lawyer's character

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

"Okay, presiding judge." The prosecutor looked at Feng Yongtong in the dock and asked, "Defendant Feng Yongtong, do you know the victims Ma Wanping and Nie Xiaoqin?"

"We know each other, we both sell meat in the vegetable market, and our two meat stalls are next to each other." Feng Yongtong said, looking at the floor in front of him with dull eyes.

"On the day of the crime, the victim asked you to take Nie Xiaoqin to see a doctor. What did you do?" the prosecutor looked at the defendant and asked.

…

The prosecutor conducted an interrogation around the incident, but did not ask why the victim came to the Fengjia Meat Stall to find the defendant Feng Yongtong.

Fang Yi listened quietly and frowned slowly. The prosecutor's interrogation could easily lead an unknown third party to believe that the defendant and the victim had a dispute over selling mutton, and then fought each other. Then the victim asked the defendant to take him there. He was offered medical treatment at the hospital, but the defendant refused. The two parties became violent in their words for a while, and the defendant killed the victim with a knife.

The prosecutor's questioning neither reflected the victim's repeated entanglement nor the defendant's helplessness, which was very unfavorable to the defendant's sentencing.

"Does the defendant's defender need to ask questions to the defendant?" the presiding judge looked at Fang Yi and asked.

"I need to ask a question." After finishing speaking, Fang Yi looked at Feng Yongtong and asked: "Defendant Feng Yongtong, on the day of the crime, why did the victim come to the meat stall to see you in the hospital?"

"My wife Yuan Qingxiu and Nie Xiaoqin had a fight before because they were selling mutton, and my wife injured her." Feng Yongtong's expression was still dull, but his eyes flickered slightly.

"Do you know how injured the victim Nie Xiaoqin was? During the fight, was your lover also injured?" Fang Yi asked.

"Nie Xiaoqin only had scratches and bruises, minor injuries. My wife was also injured, and her condition was similar to hers." Feng Yongtong looked up at Fang Yi and said.

"How did you know?" Fang Yi asked.

"The police gave them two appraisals. Later I took Nie Xiaoqin to the People's Hospital for examination." Feng Yongtong answered mechanically.

"What are the results of the examination? How many times have you been to the hospital?" Fang Yi continued to chase.

"I went to the People's Hospital twice, and the doctor said that Nie Xiaoqin's body is normal." Feng Yongtong replied, with tears in his eyes.

"You took the victim to the hospital twice before. This time the victim asked you to go to the hospital again. Why didn't you go?" Fang Yi asked.

"Because I know they are deliberately looking for trouble. They just don't want me to run the meat stall in a down-to-earth manner. They want to mess up my business and take revenge on me." Feng Yongtong's eyes suddenly became sharp and he said through gritted teeth. .

"How did you know that the victim was deliberately looking for trouble?" Fang Yi then asked.

"I took Nie Xiaoqin to the hospital twice and spent several thousand yuan for a full-body examination. The results of both examinations were normal, but they still wanted to take her to the hospital. Isn't this looking for trouble?

I asked Ma Wanping if it was still over, and he told me that if I wanted to solve the problem, I had to give him 200,000 yuan. If I gave him the money, he would not trouble me, otherwise he would keep pestering me and prevent me from doing business.

Two hundred thousand! How much money can I make in a year? I have an old man in his sixties and a child in junior high school. He is going to kill me! You said... let you tell me what should I do? "Feng Yongtong's eyes were red and he was shouting.

"Have you ever thought about calling the police or going to court to sue the victim?" Fang Yi asked after being silent for a moment.

"Haha, is it useful to call the police? I went to the police station next to the vegetable market, and the police asked me to go to the court, but they couldn't solve it.

It costs money and time to go to court and take several months. In the end, the court can only give me a piece of paper. Can that piece of paper solve the real problem? Should I start a business these few months? I have a family to support! "Feng Yongtong was a little excited and looked at Fang Yi with tears in his eyes.

Seeing that the defendant's emotions were released, Fang Yi did not continue to ask questions, but turned to look at the presiding judge: "President, the defender has finished asking questions."

"We are now conducting evidence and cross-examination. Do the prosecutors, defenders and defendants have any new evidence that they need to provide?" the presiding judge asked.

"There is no new evidence," the three parties replied.

The evidence submitted by the prosecutor includes on-site inspection records, the defendant's return to justice, the defendant's confession, the murder weapon boning knife, autopsy report, etc.

Both the defendant and Fang Yi agreed with the evidence provided by the prosecutor.

Fang Yi previously applied to the court to obtain the victim's medical records from the People's Hospital to support the defendant's statement. The prosecutor did not dispute this evidence.

The court then presented a letter from the village and the market management department requesting the court for a lighter punishment, as well as documents jointly issued by the merchants certifying the circumstances before and after the incident. The prosecutor believes that the above documents cannot become legal evidence for conviction and sentencing in this case.

“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. "The presiding judge said expressionlessly.

"Presiding judge, judge: ... the public prosecutor believes that although the victim had certain faults, the defendant Feng Yongtong used criminal means to deprive others of their lives to retaliate against the victim, committed an attack with a knife, killed one person and seriously injured another person. His behavior constituted the crime of intentional homicide. .

In view of the fact that the defendant committed a murder in a public place, the circumstances were abominable, the method was cruel, and the social impact was extremely bad, we recommend that he be sentenced to death and executed immediately. complete. "The prosecutor said coldly.

The prosecutor's sentencing recommendation was similar to Fang Yi's guess. One death and one serious injury. Whether it was out of duty or caution, the prosecutor's office would recommend a stricter sentence.

…

"The defendant's defender made a defense statement," the presiding judge said.

Fang Yi picked up the prepared defense opinion and said: "Presiding Judge, Judge: Before issuing the defense opinion, please allow me to express my deep condolences to the victim in this case, Ma Wanping, and my great sympathy and condolences to the victim's relatives. .

The defender did not object to the prosecution's charge that the defendant was guilty of intentional injury. The defender believes that the public prosecutor's characterization of this case is accurate and the application of the law is correct. However, there are some special circumstances in this case, which should be fully considered by the collegial panel when convicting and sentencing.

The defender believed that the victims Ma Wanping and Nie Xiaoqin had certain faults for the occurrence of this case, and the defendants should not be sentenced to death and should be executed immediately. The reasons are as follows:

This case is an intentional homicide case caused by the intensification of conflicts in production and life. There was no conflict between the defendant Feng Yongtong and the victims Ma Wanping and Nie Xiaoqin. They only had disputes due to competition. The two parties failed to handle the conflict in time, which led to the intensification of the conflict, and then the evil incidents of killing and wounding occurred. "