Lawyer's character

"Lawyer Fang, what do you think?" Wang Yong looked at Fang Yi.

Wang Yong is a very cunning person. He and Fang Yi have discussed several criminal cases together before. The two people rarely have the same opinions. Most of the time they are inconsistent or even tit for tat.

In fact, this is normal. Under normal circumstances, lawyers need to independently think about the relevant issues encountered in the case based on their own professional knowledge. Even if they discuss the case with their peers, they will rarely fully accept other people’s opinions unless others can come up with their own opinions. If we really prove that he is wrong with empirical evidence, he will never follow what others say (this may be the difference between liberal arts and science, as the saying goes: literature does not come first).

If they work together, they will work together, and if they don't work together, they will separate. Anyway, they all do their own things. Litigation lawyers are not as closely connected as non-litigation team members.

When discussing the case this time, Wang Yong was afraid that after expressing his views on the case, Fang Yi would learn from it and make wedding dresses for others. So I kept an eye out and let Fang Yi express his opinion first.

Lawyer Song invited him over to discuss the case together because he also wanted to hear different opinions from many parties. He felt that what Lawyer Wang sometimes said was very reasonable. In fact, more often than not, he uses Lawyer Wang's views as opposing views to test the loopholes in his own defense plan.

"I think the defendant Xie Quan's behavior constitutes the crime of intentional injury..." Fang Yi said unhurriedly

Before Fang Yi could finish speaking, Wang Yong interrupted Fang Yi anxiously: "Lawyer Fang, my opinion is different from yours, and also different from Lawyer Song's. I think Xie Quan's behavior does not constitute the crime of intentional injury. It should constitute the crime of negligence causing death."

"Oh? Lawyer Wang, tell me your reasons?" Lawyer Song looked at Wang Yong in confusion.

have to! Okay this time, three people have three opinions. At first, Song Hui was thinking that two of the three people must have the same or similar opinions. However, Wang Yong put forward a new point of view, and he was confused.

Although Lawyer Song was a little unsure about the case before, he still had a direction in his mind. Now that he had two more people to advise him, the direction became more and more confusing. Comrade Song was completely dizzy.

This is also the reason why litigation lawyers like to fight alone, because having more lawyers may not really work. The more lawyers involved, the more chaotic the situation will be. Whether it is on the defense plan of a criminal case or the litigation plan of a civil case, if the lawyers involved in handling the case have different opinions, it will be a disaster not only for the sponsoring lawyer, but also for the parties involved.

"The reason why I say this is simple:

According to the provisions of Paragraph 2 of Article 234 of the Criminal Law, whoever commits the crime in the preceding paragraph and causes death or serious injury or severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.

According to the above provisions, the prerequisite for criminal liability for intentional injury causing death must be "committing the crime in the preceding paragraph", that is, intentional injury and causing the victim's injuries to be more than minor injuries, in order to constitute the crime of intentional injury.

In this case, the defendant Jie Quan slapped the victim in the mouth and pushed the victim, which could not directly cause more than minor injuries to the victim. Therefore, it did not meet the requirement of "pre-crime" as stipulated in Paragraph 2 of Article 234 of the Criminal Law. In accordance with the requirements of "subscription crime", criminal liability cannot be investigated for intentional injury resulting in death.

In this case, the defendant Jie Quan and the victim were colleagues. They had a relatively good relationship with each other and had no grudges. On the day of the incident, the two were in the chess and card room they often went to. During the game of mahjong, they had a few words and got into trouble. There were instances of slapping and pushing.

When the defendant pushed the victim, he subjectively could not hope or allow the victim's death to occur. His subjective attitude toward the victim's death should be negligent.

That is to say, the defendant should have foreseen that his behavior might cause the death of the victim, but failed to do so due to negligence, and objectively the defendant's pushing behavior caused the death of the victim. The defendant's behavior is consistent with negligence causing death. Therefore, the crime of negligent causing death should be convicted and sentenced. "Wang Yong looked at Song Hui and Fang Yi confidently, hoping to see agreement or approval in their eyes.

But he was disappointed. The confusion in Lawyer Song's eyes became even deeper. He looked like a philosopher, sitting on the sofa and touching his chin, frowning and thinking.

Looking at Fang Yi again, judging from his expression, it seems that he does not agree with Wang Yong's opinion, but respects his ideas.

"Lawyer Fang, you just said that the defendant's behavior constituted the crime of intentional injury. Can you explain the reason in detail?" Lawyer Song raised his head and looked at Fang Yi, wanting to hear his explanation.

"Well, let me tell you a few points about my understanding of this case, just for reference.

First, in this case, the defendant Xie Quan slapped the victim in the mouth and then pushed the victim. His behavior was an act of intentional injury.

According to the provisions of the Criminal Law, ordinary beatings that do not result in minor injuries or above cannot be punished as intentional injury. Is there any problem with what I said? "After Fang Yi finished speaking, he looked at Song and Wang.

The two of them did not speak and nodded. What Fang Yi said was exactly the standard for judging whether the perpetrator committed the crime of intentional injury.

"Then a question arises. If the perpetrator beats the victim, but does not cause the victim more than minor injuries, does the perpetrator's behavior not fall into the category of intentional injury required by the crime of intentional injury?

I don't think so.

The crime of intentional injury is a consequential crime, and only the consequences that result in minor injuries or more are criminally responsible. The more serious the victim's injury, the greater the criminal liability the defendant bears.

In the process of general beatings, punching, kicking, and pushing are the most common attack methods. If the blow force is not strong, the blow is not a vital part, and the perpetrator has a certain degree of restraint in his behavior, in general, it is If it does not directly cause the victim more than minor injuries, the victim does not need to bear criminal responsibility, but this does not mean that the nature of general beatings is not intentional harm.

For example, in daily life, when there are quarrels and fights over trivial matters, in most cases the perpetrator will not cause minor injuries or above to the victim, nor will he be sentenced. That is, ordinary beatings are still intentional injuries. Behavior, but the result of injury does not reach the legal level and there is no need to bear criminal responsibility.

However, if a general beating behavior, under specific conditions, causes the victim to suffer more than minor injuries, the perpetrator should still bear criminal liability for the crime of intentional injury. For example, beating others causes the victim to fall down the steps or from a height, resulting in serious injury or death to the victim. Another example is beating someone with a special physique, causing serious injury or death.

In the above circumstances, unless the victim's minor injury or above is purely caused by an accident or it can be clearly ruled out that there is a criminal causal relationship between the beating and the victim's minor injury or above. Otherwise, the defendant should still bear criminal responsibility. "Fang Yi continued.