Lawyer's character

When the sun was setting in the west, in the office, lawyers Song Hui and Wang Yong, whose team often handles criminal cases, were sitting on the sofa, holding copies of case files in their hands and looking at Fang Yi opposite.

Fang Yi made a pot of tea, poured a cup each for Lawyer Song and Lawyer Wang, and then looked at Lawyer Song: "Old Song, please tell me."

"Lawyer Fang, Lawyer Wang, let me first introduce the case based on the meeting." After Lawyer Song finished speaking, he picked up the materials and told the story of the case.

The defendant in this case, Jie Quan, usually likes to play mahjong. After work, he often goes to the chess and card room near the community to play two mahjong games. Of course, playing cards has a lottery ticket. Sometimes it is one yuan or two yuan, sometimes it is five yuan or ten yuan. I don’t know. Does Jie Quan like the feeling of touching mahjong or the feeling of winning money? In fact, he can't tell himself. Anyway, he will be very excited as soon as he sits on the card table, and he only plays mahjong tiles.

On a weekend afternoon three months ago, Jie Quan went to play cards in a chess and card room near the community where he lived. As a result, he quickly lost more than 500 by clicking on his back, firing on his back, and blasting his beard.

Jie Quan's character is not very good. He laughs happily when he wins and treats everyone as if he is a relative; when he loses, he yells at the sky and the earth, curses and has a dirty mouth.

The more than 500 yuan was gone in the blink of an eye. Jie Quan started scratching his scalp continuously, and blood almost came out from scratching. He was so impatient that he grabbed his cigarette case on the table and wanted to smoke a cigarette to relieve himself, but the cigarette was gone. Only an empty box remains.

Jie Quan was like a manic patient who disliked everyone. He turned around and saw his old acquaintance Deng Jian who was watching the battle beside him. Deng Jian and Xie Quan lived in the same community and were colleagues. The two had known each other for more than ten years and they usually had a good relationship. We often come to the chess and card room to play cards together.

"Old Deng, give me a cigarette." Jie Quan stretched out two fingers with an irritated look on his face and asked Deng Jian for a cigarette.

"You've almost lost your pants, but you still have the nerve to smoke. Just smoke a few. Hurry up, finish this round, give up the place, and get out." Deng saw that he was playing badly at cards, and the money in his pocket was also fast. He lost all his money and was cursing, which annoyed him a little.

Normally, he would not speak so hastily. Before he went out to play cards this weekend, he had just drank two glasses of liquor at home. At this time, he was still drunk and smelled of alcohol, so his words were a bit out of his mind.

"Who are you scolding? I'm going to slap you, believe it or not?" When Jie Quan was in a frenzy, he met such a blind person like Deng Jian, and the small universe in his heart was instantly ignited. .

"If you lose, you have to admit it. You are allowed to curse, but no one else is allowed to talk!" Deng Jian retorted, and then pushed him: "If you don't want to play, just play. Don't occupy the pit." shit."

"How dare you touch me? I'm going to NM..." Jie Quan became anxious, stood up suddenly and shouted at Deng Jian, then pushed the latter's chest with both hands.

Deng Jian didn't expect that he would actually take action. He was caught off guard and was pushed back unsteadily.

As the saying goes: There is no good hand in fighting, and no good words in scolding.

Jie Quan's eyes were anxious. Deng Jian's head was buzzing as he was slapping him with a big mouth. He then gave an angry push with great force. Deng Jian stumbled back and made a "bang" sound, and the back of his head hit the door frame.

Deng Jian felt dizzy. After he recovered, he became anxious. He pointed at Jie Quan and cursed, "You're really hitting me!"

Then Deng saw that he was about to start a fight with Jie Quan. They were both in their twenties and in their prime of youth. If a fight really broke out, neither of them would get better. Don't even think about leaving the chess and card room today.

Most of the people playing cards in the chess and card room were nearby residents. Seeing this, the owner of the chess and card room hurriedly asked everyone to separate the two people. At the same time, the boss hugged Deng Jian. Jie Quan, who was on the opposite side, was also hugged by the person next to him.

But the owner of the chess and card room was thin and old, and he couldn't control Deng Jian at all. Deng Jian was slapped in the mouth, which was a naked insult to him. The anger in his heart jumped up, and he only struggled a few times. He broke free from his boss's hands and threw himself forward, but he only took two steps and suddenly fell to the ground. After falling to the ground, Deng Jian tried to get up, but after twisting his body a few times, he stopped moving.

This time the chess and card room was quiet, and Jie Quan stopped struggling and looked at Deng Jian on the ground stupidly. The owner of the chess and card room hurriedly took out his mobile phone and called an ambulance. After the ambulance arrived, after examination, the doctor confirmed that Deng Jian was dead.

Later, the public security department rushed to the scene and began investigation.

After forensic identification, Deng Jian found that the hematoma under the scalp in the occipital area was a blunt force injury caused by the collision between the occipital area and a blunt object. The hematoma was located at the site of stress.

Deng Jian's cause of death was brain contusion and subarachnoid hemorrhage caused by the collision of his occipital area with a blunt object and his falling to the ground after the collision.

When the doctor said that Deng Jian was dead, Jie Quan was dumbfounded and slumped in his chair. After the police arrived at the scene, Jie Quan voluntarily surrendered and truthfully told the story of how he and Deng Jian had a dispute and how he pushed Deng Jian.

After Xie Quan was arrested, Xie Quan’s family reached a compensation agreement with the victim Deng Jian’s family on the advice of lawyer Song.

"I went to the detention center to see Xie Quan. Xie Quan said that he was just in a hot head and hit the victim Deng Jian in the mouth and pushed him again. He did not intend to hurt Deng Jian. He felt that he should not commit a crime.

I'm a little unsure now. The defendant in this case slapped the victim in the mouth and pushed him. Is there a causal relationship under criminal law between the defendant's behavior and the victim's death?

Generally speaking, defendant Jie Quan's pushing behavior is unlikely to be fatal, nor is it likely to cause minor injuries or above to the victim..." Lawyer Song said while looking at Fang Yi and Lawyer Wang.

"Lawyer Song, what do you think? Tell me what you think." Fang Yi thought for a moment and looked at Lawyer Song.

"I think the defendant did not commit a crime and the victim's death was an accident." Lawyer Song said.

"What's the reason?" Lawyer Wang turned to look at him.

"From the facts of the case, the victim's drinking on the day of the crime, the defendant's pushing of the victim, the victim's head hitting the door frame after being pushed by the defendant, and the subsequent fall were all the reasons for the victim's death. The above factors A combination of factors led to the death of the victim.

The forensic identification certificate determined that the cause of death of the victim was the collision of the occipital area with a blunt object, and the brain contusion and subretinal hemorrhage caused by falling to the ground after the collision. The cause of death cannot be ruled out, that is, drinking, falling to the ground, and collision. For factors not directly related to the defendant's behavior, it cannot be concluded that the defendant's pushing behavior and the resulting collision with the door frame were the main causes of the victim's death.

Since there are other reasonable possibilities for the death of the victim, it cannot be determined that there is a causal relationship under criminal law between the defendant's behavior and the result of the victim's death. There is no objective basis for requiring the defendant to bear criminal responsibility for the victim's death, and the defendant's behavior should not constitute a crime.

So I was prepared to plead not guilty to the defendant, but I was a little unsure. "Lawyer Song frowned and said.

It's a bit stuck, so I'll update three times today and tomorrow, and I'll do another update next Monday, so I can save some manuscripts. Thank you to all the book friends for your support!