Lawyer's character

After Qi Chunli howled for a while, she reported the case to the public security agency and falsely claimed that the deceased in the west wing was her husband, Zhu Yongqiu. She planned to obtain the death certificate from the public security agency and then defraud the insurance company to obtain the insurance money.

Burning someone to death in a fire is a serious matter, and the public security organs take it very seriously. After on-site investigation and autopsy, the public security organs discovered that there was something strange about this case. There was no soot in the respiratory tract of the deceased. He should have died before the fire broke out. The deceased was not burned to death. Subsequent DNA comparisons revealed that the deceased was not Zhu Yongqiu at all.

The public security organ immediately summoned Qi Chunli. In the face of a large amount of evidence, Qi Chunli finally revealed that she and her husband had conspired to defraud insurance money, but she did not confess that her husband killed Huang Zhanhong.

Later, the public security organs arrested Zhu Yongqiu from another province and found Huang Zhanhong's body. According to forensic identification, Huang Zhanhong was hit on the head with a blunt instrument, causing a comminuted skull fracture and severe brain injury.

According to the criminal technical appraisal, Er Fool died of mechanical asphyxia due to someone covering his mouth and nose with soft objects and pressing his neck.

Subsequently, the public security organ transferred the case to the Procuratorate, which prosecuted the defendants Zhu Yongqiu and Qi Chunli for intentional homicide and insurance fraud to the Municipal Intermediate People's Court.

After trial, the Municipal Intermediate Court held that the defendant Zhu Yongqiu killed Huang Zhanhong and robbed property in order to buy life insurance, and also conspired with the defendant Qi Chunli to kill Li Yu (the name of the second fool) in order to defraud the insurance money, and his actions constituted separate crimes. Robbery and intentional homicide; in order to help Zhu Yongqiu defraud insurance money, the defendant Qi Chunli and Zhu Yongqiu jointly planned and killed Li Yu, and his behavior constituted intentional homicide. The two defendants' criminal methods were vicious and cruel. Their crimes were extremely serious and should be severely punished.

After Zhu Yongqiu returned to the case, he voluntarily confessed the facts of his crime of killing Huang Zhanhong and robbing property that the judicial authorities had not yet grasped. He should be deemed to have surrendered, and he could be given a lighter punishment for the crime of robbery he committed.

The procuratorial organ accused the two defendants of committing insurance fraud, but the characterization was inaccurate and would not be supported. The Intermediate Court’s decision:

1. The defendant Zhu Yongqiu was sentenced to death for intentional homicide and deprived of political rights for life; for robbery, he was sentenced to death and suspended for two years, deprived of political rights for life, and all personal property was confiscated. It was decided to execute the death penalty and deprived of political rights for life. , and all personal property shall be confiscated.

2. The defendant Qi Chunli was convicted of intentional homicide and sentenced to death and deprived of political rights for life.

This case is a criminal litigation incidental to civil litigation. The Intermediate Court ruled that the defendant Zhu Yongqiu should pay compensation to the plaintiff Zou Rong (Huang Zhanhong’s wife). The victim Li Yu (Second Idiot) had no one at home and no one claimed compensation, so the court did not award compensation.

Although there was a court ruling, Zhu Yongqiu's family had no money at all and no property available for execution. The property in the village belonged to his parents. Since his marriage, his parents had been living in his younger brother's house, so the victim's family basically just took the money. A piece of paper was received, but the defendant was sentenced to death, which was a relief for the victim's family.

After the verdict of the first instance was announced, the defendants Zhu Yongqiu and Qi Chunli refused to accept the verdict. They both appealed on the grounds that the killing of Li Yu (the second fool) was committed by Zhu Yongqiu alone and Qi Chunli did not participate.

"Lawyer Fang, I'm a little confused about the characterization of this case. The purpose of the defendants Zhu Yongqiu and Qi Chunli's murder was to defraud insurance money, but why did the Intermediate People's Court not adopt the opinions of the procuratorate and instead characterized the actions of the two defendants as robbery? Crime and intentional homicide?

Is there something wrong with the Intermediate People's Court's judgment, as it omitted the crime of insurance fraud? "Zhou Ying looked at Fang Yi doubtfully.

After Fang Yi put down the tea cup, he looked at Yun Qiao: "Yun Qiao, tell me your opinion. What do you think of the issue that Lawyer Zhou just mentioned?"

Fang Yi asked Yun Qiao to express her views on the case, not to embarrass her, but to exercise her independent thinking ability and not to follow others' opinions. If Fang Yi expresses his thoughts first, then everyone will be influenced by his thoughts and affect their judgment. This is what Fang Yi does not want to see.

"I feel that in this case, the defendants Zhu Yongqiu and Qi Chunli have already begun to commit insurance fraud. It was only because the public security organs detected the case in time that the fraud failed. Therefore, while committing the crime of robbery and intentional homicide, the defendant also committed insurance fraud. It is a crime of fraud, but it should be an attempted crime. It should be punished for several crimes." Yun Qiao opened the notebook in his hand and said.

When Fang Yi asked her to look at the case file before, she had already realized that Fang Yi might ask her about the case when discussing the case in the afternoon, so she made some preparations.

"Well, Wu Qinghui, what do you think?" Fang Yi looked at him with a smile.

The reason why I asked him was because there were four people in the room. Zhou Ying and Yun Qiao both expressed their opinions on the case. If he didn't ask Young Master Wu symbolically, Fang Yi was afraid that Young Master Wu would think he was discriminating against him.

When Fang Yi called him by name, Wu Qinghui was letting himself go and his thoughts were far away. Seeing everyone staring at him, Wu Qinghui felt a little embarrassed, but fortunately he was thick-skinned and quickly adjusted.

"I think..." Wu Qinghui scratched his head with the pen in his hand, pretending to think hard, and said, "The Intermediate Court's verdict should be OK."

"Oh? Why do you say that?" Fang Yi looked at him with interest.

"Think about it, the judges of the Intermediate People's Court are definitely more professional than the judges of the grassroots courts, and the cases they decide will most likely be correct." Wu Qinghui said confidently.

After hearing this, Zhou Ying felt powerless. This theory was too powerful.

Yun Qiao blinked and looked at Wu Qinghui as if he were a fool, thinking: What does this guy do? What does he think about all day long? If the cases decided by the Intermediate People's Court are all correct, what do we need the Provincial High Court and the Supreme Court to do? Impressed! Capitalized service!

Fang Yi was the calmest, smiled slightly, and said to himself: What the hell is logic! I can't teach this student, so I'd better leave it to Zhou Ying. It seems that the reward of 500,000 yuan is not easy to get, and it is even harder than the national football team to go global.

"Lawyer Fang, what do you think?" Zhou Ying didn't want to comment on Wu Qinghui's opinion, so she turned to look at Fang Yi.

Fang Yi picked up the tea cup and took a sip of tea, then said: "I think that based on the facts of the case, we can divide this case into two stages:

In the first stage, the defendant Zhu Yongqiu deceived the victim Huang Zhanhong to his hometown in the name of jointly opening a coal mine. He then killed Huang Zhanhong and robbed him of the money he carried with him. He later used the stolen money to buy six life insurance policies for himself. , completing the first step in committing insurance fraud.

Judging from the facts of the above case, Zhu Yongqiu's behavior conforms to the characteristics of premeditated intentional homicide for the purpose of robbing property in the "Reply on the Conviction of Intentional Homicide Cases During Robbery" issued by the Supreme People's Court, and should be convicted and punished for the crime of robbery;

In addition, according to Article 22 of the Criminal Law, preparing tools and creating conditions for the purpose of committing a crime is preparation for a crime. We can regard Zhu Yongqiu’s above-mentioned behavior as creating conditions for committing insurance fraud crimes, that is, the purpose of killing people and grabbing money is to buy life insurance for himself. "

Today I present four chapters. Thank you to all book friends for their support!