Lawyer's character

"But as far as I know, in judicial practice, general pushing behavior cannot be regarded as assault or injury in criminal law because it does not have obvious intention to harm. Even if the behavior accidentally causes serious injury or death, it will not Criminal liability cannot be pursued for the crime of intentional injury." Lawyer Song suddenly took over.

It was based on the above understanding that he prepared to defend the defendant not guilty.

“Well, Lawyer Song is right, that’s generally the case.

However, in this case, defendant Xie Quan’s pushing behavior was different from ordinary pushing behavior.

First, after the defendant Jie Quan had an argument with the victim, the defendant first slapped the victim in the mouth and then pushed the victim. This was a set of consecutive attacks.

During this process, the defendant Jie Quan always had the subjective intention to cause harm, and the pushing force was very strong, otherwise it would not have been enough to cause the victim to lose control of his body and the back of his head to collide with the door frame.

Second, general beatings can also cause serious injury or death under certain circumstances. The defendant's pushing behavior in this case was extremely violent, and objectively caused the victim to lose control of his body, causing the back of his head and pillow to collide with the door frame, causing him to fall to the ground, causing brain contusion, subretinal hemorrhage, and death.

Therefore, I believe that the defendant Xie Quan’s behavior is an act of intentional harm. "Fang Yi explained.

"Then how do you understand 'committing the crime of the preceding paragraph' stipulated in the second paragraph of Article 234 of the Criminal Law?" Wang Yong asked unconvinced.

"I understand that 'committing the crime of the preceding paragraph' stipulated in the second paragraph of Article 234 of the Criminal Law refers to the defendant's intentional harm. That is to say, as long as the defendant has the intention and intention to harm, The behavior satisfies this condition, and it should not be mechanically understood as requiring that the intentional harming behavior must cause the victim more than minor injuries.

The reason is that when intentional injury directly causes serious injury or death, there is often no prerequisite for a minor injury. At the same time, in cases of intentional injury resulting in death, it is generally impossible and impossible for the deceased victim to judge whether the original degree of injury (before the death of the victim) was above a minor injury. "Fang Yi explained.

"According to you, there is a criminal law causal relationship between the pushing behavior of the defendant in this case and the death of the victim?!" Wang Yong showed an unconvincing look.

"Yes, I think there is a causal relationship between the two in criminal law.

In this case, the defendant's pushing of the victim would generally not result in the victim's death. However, the defendant's pushing behavior directly caused the victim's head to collide with the door frame and fall to the ground after the collision. The intervention of two causes caused the victim's death. The defendant's pushing and beating behavior and the victim's death showed an accidental causal relationship.

Of course, such accidental results can be used as sentencing circumstances and submitted to the court for consideration.

Therefore, I believe that the defendant's pushing behavior cannot be simply and mechanically separated from the consequences of the victim's head hitting the door frame and falling to the ground after the collision. Viewed separately, this view is a misinterpretation of the causal relationship in criminal law. "Fang Yi said.

He knew that Wang Yong was not convinced by his point of view, but there was nothing he could do about it, because the lawyer's experience, experience and knowledge reserve would affect his judgment on the case. Once a person's idea is formed, it is difficult to change it.

"I thought of another question. If the defendant had the intention to cause harm at the time of the crime and was also negligent for the death of the victim, would the court consider that the defendant was not guilty of intentional injury but guilty of negligent injury? Death?" Lawyer Song looked at the two of them.

"I think it's unlikely." Fang Yi was the first to express his position.

"Well, I agree with Lawyer Fang. This situation is unlikely." Wang Yong rarely agreed with Fang Yi.

It can also be seen from this that Wang Yong is not targeting Fang Yi, he is just discussing the matter. This is his temper.

"Why?" Lawyer Song asked.

"In this case, the defendant and the victim had a good relationship and were colleagues. There was a quarrel over playing cards in the chess and card room. In a hurry, the defendant slapped the victim in the mouth and pushed the victim.

It can be seen from this that the defendant could not have hoped for or allowed the death of the victim when he committed the pushing act, because the two parties did not have such deep hatred at all.

The defendant clearly had the intention to injure the victim when he pushed him, but he was negligent in causing the victim to hit his head on the door frame, causing him to fall and die.

In this case, although the harmful consequences caused by the crime of intentional injury are lighter than those caused by the crime of negligence, from the perspective of the crime composition of the entire case, the crime of intentional injury is the main one and the crime of negligence is secondary. Therefore, I believe that the defendant in this case can only be convicted and sentenced for intentional injury based on intentional guilt. Fang Yi thought for a moment and said.

Although Attorney Song could not find a better reason to refute Fang Yi's point of view, and Attorney Wang could not be convinced by Fang Yi's point of view, this did not affect the discussion of the case between the three. The three of them just discussed the matter. Even Wang Yong, who was a bit of a thieves, just wanted to compete with Fang Yi professionally. He might be jealous of Fang Yi, but he never hated Fang Yi.

It is Fang Yi's luck and the Wankefa team's luck that there are no colleagues who are secretly causing trouble.

At this time, Lawyer Song already had an idea. Although he had always wanted to defend the defendant not guilty, the opinions of Fang Yi and Wang Yong reminded him that it might be difficult for the court to accept the innocent defense.

Therefore, Lawyer Song is ready to do the next best thing and use the parts of Fang Yi and Wang Yong's opinions that are beneficial to the defendant to defend the defendant.

As for the opinions expressed by the three people just now, which one will be adopted by the court depends on the final criminal verdict.

A month later, the court pronounced the verdict on the defendant Xie Quan's case.

After trial, the court held that the defendant Xie Quan deliberately pushed the victim, causing the back of his head to hit the wooden door and then he fell to the ground, causing brain contusion and subarachnoid hemorrhage and died. His behavior constituted the crime of intentional injury.

Although the defendant did not foresee that his behavior would cause the victim to hit the door and fall to the ground and die before he slapped and pushed the victim, the defendant's pushing behavior was still under the control of his will. Intentional execution is an act that intentionally harms the body of others, and there is a criminal law causal relationship between the death of the victim and the defendant's behavior.

The defendant subjectively had the intention to harm the body of others and was negligent in causing death, which met the constituent elements of the crime of intentional injury (causing death), and should be held criminally responsible for the crime of intentional injury (causing death).

Since the defendant surrendered after committing the crime and actively compensated the family of the deceased for their economic losses, his punishment may be reduced. The court’s final verdict: The defendant Jie Quan was found guilty of intentional injury and sentenced to six years in prison.

After the first-instance verdict was announced, the defendant Jie Quan did not appeal within the statutory period, and the procuratorate did not file a protest. Subsequently, the criminal verdict became legally effective.