Lawyer's character

“From the perspective of the development process of the entire case, the victim was the main fault party in the cause of the case and the intensification of conflicts.

According to the evidence in the case, from the occurrence of the conflict between the two parties to the defendant's attack on the victims Ma Wanping and Nie Xiaoqin, the defendant had repeatedly approached the wet market management department and the public security bureau to report the problem and asked for a solution, but did not receive effective help. .

When the relevant departments asked both parties to self-injure themselves first and then negotiate a solution, the victim Ma Wanping first led others to beat the defendant. After that, he repeatedly asked the defendant to take the victim Nie Xiaoqin to the hospital for examination, and repeatedly pestered and unreasonably forced him to do so.

The defendant Feng Yongtong felt fear and resentment when he saw that his wife's injuries could not receive better treatment and that he was forced to treat the injuries of the victim. When the victim pestered the defendant again, the defendant's anger and resentment broke out, resulting in the death of one victim and serious injuries to the other.

In addition, the village committee of the defendant's village issued certification documents proving that the defendant had always abided by the law, had good conduct, did not steal or rob after being laid off, and was self-reliant, and requested leniency for the defendant. The wet market management department and dozens of merchants also jointly issued documents requesting that the defendant be treated leniently.

It can be seen that the defendant is not a vicious person. He just wants to work honestly and diligently to make money and improve his family's living conditions. The reason why he commits murder is completely out of necessity.

The defender believes that this case is significantly different from other intentional homicide cases that have occurred in society and seriously endanger social security. Regardless of the subjective malice of the defendant or the degree of harm to society, it is weaker than ordinary intentional homicide cases.

To sum up, although the defendant Feng Yongtong committed a murder with cruel means and extremely serious consequences, the defender reminded the court that the victim was mainly at fault during the occurrence of this case. The defendant committed the murder entirely because the victim repeatedly and unreasonably forced the defendant to see a doctor. Demanding high compensation and intensifying conflicts.

In view of the fact that the defendant Feng Yongtong confessed truthfully after returning to the case, pleaded guilty and accepted punishment, the defender recommended that he be sentenced to death with a two-year suspension of execution. complete. "After Fang Yi finished expressing his defense opinions, he looked at the defendant Feng Yongtong with sympathy, and the latter stretched out his hand to wipe the tears on his face.

Fang Yi had previously discussed the defense plan with Feng Yongtong and Yuan Qingxiu. Because it involved intentional homicide and one death and one serious injury, Fang Yi believed that the court would not accept the recommended sentence of life imprisonment. However, if the other party was at fault, the collegial panel might accept a suspended death sentence. sentencing recommendations. This is the best result that Fang Yi can achieve for Feng Yongtong.

Yuan Qingxiu knew that the crime her husband had committed this time was too big. The other party had died. She understood the principle of killing someone to pay for life. It was good to be able to save her husband's life, so she didn't have too many extravagances.

Feng Yongtong believed that he was dead this time, so he had no objection to Fang Yi's defense plan. Who would want to die if he could survive, but he doubted whether Fang Yi could really save his life.

…

After the adjournment, the collegial panel reviewed the case, and then the presiding judge pronounced the verdict in court.

The Municipal Intermediate Court held that the defendant Feng Yongtong committed an attack with a knife, killing one person and seriously injuring another. His behavior constituted intentional homicide. The murder was atrocious and the method was cruel, and should have been severely punished in accordance with the law.

However, there was a cause in this case, and the victim had some fault for the occurrence of the case and the intensification of the conflict. After the defendant was brought to justice, his attitude towards pleading guilty was quite good and he showed remorse. In accordance with the provisions of Article 232, Paragraph 1 of Article 48 and Paragraph 1 of Article 57 of the Criminal Law, the verdict is that the defendant Feng Yongtong is guilty of intentional homicide and sentenced to death with a suspended sentence of two years. Deprived of political rights for life.

After hearing the verdict, Feng Yongtong was stunned for a moment, and then tears instantly flowed down. He did not expect that he could survive. In the auditorium, Yuan Qingxiu also covered her face and cried.

Although everyone who came to listen felt that Feng Yongtong was a little unjust, after all, he killed someone, and the court spared his life and gave him a suspended death sentence. Everyone felt that the sentence was fair.

After the adjournment, everyone began to exit the court in an orderly manner. Wu Qinghui gently touched Zhou Ying with his arm and whispered in a voice that only two people could hear: "One is dead and the other is seriously injured. I thought I was going to collapse!"

"The lawyer in this case only has the other party's fault to rely on, and it is difficult to defend. There is too little room for lawyers to play. The defendant is indeed pitiful." Zhou Ying said in a low voice with complicated eyes.

In the corridor outside the court, Fang Yi saw Yuan Qingxiu who was wiping her tears. Beside her were two women in their forties who were trying to persuade her. When Feng Yongtong was taken out of the court by the bailiff just now, she burst into tears and passed out. It was the two women beside her who helped her out of the court.

"Lawyer Fang..." After seeing Fang Yi, Yuan Qingxiu wanted to say something, but before she could finish her sentence, tears flowed out again.

"Go back! You can go see him after the verdict takes effect." Seeing Yuan Qingxiu like this, Fang Yi couldn't bear it, but he didn't know how to persuade her.

On the eighth day after the criminal verdict was issued, Fang Yi called the court to ask whether the procuratorate would protest in Feng Yongtong's case. The judge's assistant told him that the Municipal Procuratorate filed a protest in Feng Yongtong's case. The reason for the protest was that the defendant killed someone in a public place with cruel means, serious consequences, and extremely bad social impact. He should be sentenced to death according to law and executed immediately.

In addition, the judge's assistant told Fang Yi another news that surprised him. The defendant Feng Yongtong was dissatisfied with the first-instance judgment and had filed an appeal.

After hanging up the phone, Fang Yi was a little distracted. The procuratorate protested and the defendant appealed, but Yuan Qingxiu did not contact him. This was a bit strange! Could it be that Yuan Qingxiu was dissatisfied with her work and entrusted the second trial to other lawyers?

At this time, in a medium-sized law firm in the city, Xia Jun looked at Yuan Qingxiu opposite with a serious face: "Ms. Yuan, don't worry, I don't think the problem is big. Attorney Fang's defense opinions are too conservative, so the court ruled Your husband's death is suspended.

I think that after the conflict between your two families, the other party came to your home many times to beat and insult your husband, and later blackmailed you and your wife. However, the court of first instance found that the other party was at fault. I think this is because the court found the facts unclear and the other party's responsibility was It should account for at least fifty percent. I think this is the direct reason for your husband's murder. If we work hard, it is very likely that the second trial sentence will be reduced. "

Yuan Qingxiu looked at him and said doubtfully: "But last time Lawyer Fang said..."

"Don't always say what Lawyer Fang said. He is not a judge, so his words must be accurate? Okay, you can go back and wait for my news." Xia Jun said feeling a little unhappy.

Since the verdict was announced in the first instance, Xia Jun has been eyeing Yuan Qingxiu.