Lawyer's character

"Under the circumstances at that time, if the defendant Tan Peicai did not resist or fled quickly, it is not ruled out that he might have suffered more serious harm. Tan Peicai's choice to stab the victim with a knife at this time was a defense, not a prior defense.

The public prosecution agency believes that the victim's behavior of hitting the defendant in the mouth does not constitute unlawful infringement. Only the act of beating with a weapon or injuring a person to a minor injury or above does constitute unlawful infringement. This obviously confuses the difference between the prerequisites and limiting conditions of legitimate defense.

The limit condition of legitimate defense means that based on the purpose of preventing illegal infringement, the defense must not obviously exceed the necessary limit and cause significant damage.

In other words, it is only meaningful to analyze the degree of illegal infringement when it is judged whether the legitimate defense obviously exceeds the necessary limit. The degree of illegal infringement is only a criterion for judging whether the defense is appropriate, but it is by no means a prerequisite for whether the defense can be carried out.

In addition, according to the provisions of the "Criminal Law", except for ongoing violent crimes such as murder, robbery, rape, kidnapping, etc. that seriously endanger personal safety, the defender can implement unlimited defense against other ongoing unlawful infringements. The defensive measures must not exceed the necessary limits and cause significant damage.

In this case, the defensive behavior carried out by the defendant Tan Peicai has caused illegal infringement and serious injury to Wei Runquan. From the perspective of the result, it is considered to have caused "significant damage".

The illegal infringement suffered by the defendant Tan Peicai was only a slap in the mouth and was not a violent crime that seriously endangered his personal safety. Therefore, he should not take defensive measures that obviously exceeded the necessary limit.

However, Tan Peicai stabbed the victim's chest with a switchblade, causing serious injuries to the victim. His defensive behavior obviously exceeded the necessary limit. He should be deemed as excessive defense according to law and should bear criminal liability for excessive defense, but should be given a lighter punishment in accordance with the law. . complete. "Fang Yi responded.

…

In the auditorium, Peng Huayan always paid attention to the defense opinions expressed by the prosecution and defense. Although she did not understand the criminal provisions, from an ordinary person's point of view, she felt that Fang Yi's defense opinions were more convincing to her than the prosecutor's opinions. , of course, subjective factors are not excluded.

"... This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

When the defendant Tan Peicai was unlawfully assaulted by the victim Wei Runquan on his way home from get off work, he took out a spring knife and stabbed the victim Wei Runquan, causing serious injury. His behavior constituted the crime of intentional injury.

Wei Runquan did not use a weapon when he beat the defendant Tan Peicai, and his infringement did not reach the level of threatening Tan Peicai's life. However, Tan Peicai used a weapon to fight back, causing the victim to be seriously injured. His defensive behavior obviously exceeded the necessary limit. , which constitutes excessive defense and should be given a lighter punishment according to law.

In accordance with the provisions of Article 234, Paragraph 2, Article 20, Paragraph 2, and Article 64 of the Criminal Law, the verdict is that the defendant Tan Peicai is guilty of intentional injury and sentenced to one year in prison; detained A spring knife, the tool used in the crime, was confiscated. "The presiding judge pronounced the verdict.

Fang Yi had already made it clear to Peng Huayan and Tian Caiying before. Peng Huayan and Tian Caiying did not have that high expectations for the verdict. Basically, they could accept it as long as it was within three years in prison. Of course, the lower the better.

After the criminal verdict was issued, Fang Yi came to the detention center again and met with Tan Peicai.

"I got the verdict yesterday, do you need to appeal?" Fang Yi looked at Tan Peicai opposite and found that his spirit was much better than during the previous court session.

"There will be no appeal. I accept the verdict." Tan Peicai did not hesitate.

"Well, as long as the public prosecution does not protest, your case will be settled. You have been detained for more than three months before. After deducting the sentence, you can be released after serving more than eight months.

Mr. Peng asked me to tell you that everything is fine at home. When you come out, she will arrange you to another company so that you can serve your sentence well there. "Fang Yi said.

"Well," Tan Peicai nodded, and after a moment he suddenly asked: "Lawyer Fang, do you think I really did something wrong?"

After Fang Yi was silent for a moment, he said: "There is no way to look back on this kind of thing. The limits of legitimate defense stipulated by the law are simply impossible to achieve in many cases, because you cannot control the rhythm of the crime scene.

For example, in your case, if you didn't use a knife at that time, maybe the defendants would be those three people now, and you might be lying on the hospital bed now.

It's hard to say whether something is right or wrong, but if you do it, you have to bear the consequences. "

Tan Peicai nodded: "Well, I understand, thank you."

Fang Yi originally thought that Tan Peicai's case would be settled like this, but he didn't expect that the procuratorate went all the way and filed a protest.

The procuratorate believed that the defendant Tan Peicai subjectively had the intention to fight, the victim's illegal infringement did not have the seriousness and urgency to harm the person, and Tan Peicai's behavior did not constitute legitimate defense.

Fang Yi received another 50,000 yuan in legal fees. After a trial, the second-instance court agreed with the first-instance court and finally ruled that the protest was dismissed and the original judgment was upheld.

…

Since Ma Yi and Fang Yi finished chatting last time, Fang Yi has been busy talking about Peicai's case. Shortly after the first-instance verdict of Tan Peicai's case was handed down, lawyer Zhao from Hua Liancheng's team invited Fang Yi to dinner at A private restaurant with good privacy.

"Lawyer Fang, I have no other intention to invite you to dinner today. The main reason is that I have always discussed cases with you before, which took up a lot of your time, so today I specially serve wine to express my gratitude." Lawyer Zhao said with a smile: "I will first pay my respects. A glass for you." After saying that, he raised his glass.

Fang Yi smiled, clinked his glasses, and drank it all in one gulp.

After Fang Yi put down his wine glass, he chatted with Lawyer Zhao while eating. After three rounds of wine and five dishes, Lawyer Zhao felt that the preparation was almost done, so he pretended to be casual and asked: "Lawyer Fang, what are your plans for the future?" ?”

"I'm just a young lawyer. What plans do I have to continue working as a lawyer in my firm and make money." Fang Yi said pretending to be stupid.

"That's not what you said, don't you want to get more resources?" Lawyer Zhao picked up the wine bottle and poured Fang Yi a glass of wine.

"As you said, who doesn't want to use resources to make money, but I am just a third-level partner, and the resources in the firm are not in my hands at all, and I can't even touch them." Fang Yi said with a bitter smile.

What he said was half-truth and half-lie. He did not have access to the institute's resources, but Wankefa had given him access to some of the institute's resources before, and he had also handled several high-charge criminal cases. The reason why Fang Yi said this was because he vaguely noticed that there was something wrong in Lawyer Zhao's words.

This reminded him of what Ma Yi had said to him before. There was a turmoil at the top of the law firm, and all the monsters and monsters came out.