Lawyer's character

"Lawyer Du, will I be sentenced? My family relies on my work to make money. If I am caught, my family's life will be... a disaster!" Yu Chaobo sighed, lowered his head and wiped his tears with the back of his hand.

"It's hard to say. I suggest you plead guilty, at least not resist the interrogation by the prosecutor's office and the court, and explain the whole thing clearly.

I can defend you in the direction of a lesser crime or an excessive defense. "Du Yong thought for a while and said.

"If you defend yourself too well, will you be jailed?" Yu Chaobo looked at Du Yong eagerly.

"I can't give you an accurate answer, but I will defend you in the direction that is most beneficial to you." Du Yong replied.

Yu Chaobo didn't speak anymore, but nodded heavily.

When Du Yong returned to the law firm, Yun Qiao was holding a ruling and ran into Fang Yi's office happily: "Master, there is a big happy event."

Fang Yi was startled: "Who wants to get married?"

"It's not a marriage. In Gu Mingguo's loan fraud case, the Provincial High Court found that the facts were unclear and ruled to revoke the original verdict and remand it for retrial. This is the ruling." Yun Qiao handed over the ruling.

"Well, it's indeed a good thing." Fang Yi read the ruling and smiled.

"We just went to talk about this case, and the High Court made a ruling. It seems that your judgment is correct. Maybe Gu Mingguo can be found not guilty." Yun Qiao praised his master Fang Yi.

"But you can't say that. Everything is possible. The higher the praise, the harder the fall. Contact Yu Wanru and scan a copy of the ruling sent back for retrial to her. By the way, do you want to continue the entrustment? If so, make an appointment with her. Come here." Fang Yi arranged.

"Okay, I'll do it right away." Yun Qiao ran out like a gust of wind.

In the afternoon of the next day, Yu Wanru came to the law firm again. She didn't expect that her husband's case would be sent back for retrial by the Provincial High Court. It seemed that the lawyer's fees and incentives worked, and there must be a lawyer under the heavy reward.

This time when she came to the law firm, Yu Wanru increased the amount again. The legal fees were 200,000 yuan. If she was found not guilty, she would be rewarded with another 200,000 yuan. If she was sentenced to fixed-term imprisonment, she would be rewarded with 50,000 yuan. In addition, if she was sentenced to fixed-term imprisonment of less than 15 years, she would be rewarded with one year less. Another reward of 10,000 yuan will be given. Yu Wanru will give the reward money to Fang Yi in cash, which is the result of Wan Kefa's negotiation. Fang Yi accepted it completely.

…

Soon after, the trial of Yu Chaobo's intentional injury case handled by Du Yong began. Yu Chaobo confessed to beating his younger brother to death with a wooden stick. Du Yong had communicated with the prosecutor responsible for the case twice before. The prosecutor and Du Yong did not agree on whether the defendant constituted excessive defense. Therefore, It also led to major differences between the two parties on sentencing issues.

The proceedings went very quickly during the trial, with the prosecution and defense focusing on whether the defendant constituted excessive defense and the sentencing.

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "said the presiding judge.

"Presiding Judge, Judge: This court believes that... mentally ill persons who cannot recognize or control their own behavior are persons without the capacity for criminal responsibility. According to the provisions of Article 18, Paragraph 1, of the Criminal Law, even if they cause Those who endanger the results will not be held criminally responsible.

Therefore, the infringement committed by a mentally ill person does not fall into the category of "unlawful infringement" stipulated in Article 20, Paragraph 1 of the Criminal Law, and stopping the infringement committed by a mentally ill person does not constitute legitimate defense.

After the defendant Yu Chaobo took the wooden stick from the victim Yu Chaotao, although the victim was holding a brick and trying to get up, the victim was a mental patient and did not meet the conditions of legitimate defense, and he did not hit the defendant on the spot. The defendant hit the victim twice on the head with a stick, causing his death. It can be seen that the defendant Yu Chaobo's behavior showed obvious intention to cause harm, which constituted the crime of intentional injury.

In view of the fact that the defendant surrendered, we recommend that the court sentence defendant Yu Chaobo to death with a two-year suspended sentence. complete. "The prosecutor spoke.

…

"The defender expressed his opinion." The presiding judge looked at Du Yong.

“Presiding Judge, Judge: The defender believes that defendant Yu Chaobo’s behavior was excessive defense for the following reasons:

1. For unlawful infringement committed by a mentally ill person, the defendant may implement legitimate defense.

First, the defender believes that the ‘unlawful infringement’ stipulated in Article 20, Paragraph 1, of the Criminal Law includes not only criminal acts, but also general illegal acts.

Although Article 20, Paragraph 3 of the Criminal Law limits the prerequisite for special defense to ‘violent crimes that seriously endanger personal safety’. However, for general defense, the "Criminal Law" does not require that it be a criminal act, nor does it require that it be a serious illegal act. As long as there is illegal infringement and damage to the country, public interests, and citizens' personal, property and other rights, it can be Take stopping action.

Second, the infringement committed by mentally ill patients without the capacity for criminal responsibility is also an act that endangers society and is still an unlawful infringement.

Although Paragraph 1 of Article 18 of the Criminal Law stipulates that if a mentally ill person causes harmful consequences when he is unable to recognize or control his own behavior and is confirmed by legal procedures, he will not be held criminally responsible. However, the Criminal Law does not exempt the mentally ill person from criminal liability. civil liability for violations.

Because civil violations are still illegal acts, the infringements committed by mentally ill patients who cannot recognize or control their own behavior should be illegal infringements. Therefore, they cannot be completely excluded from the objects of legitimate defense. Of course, such illegal infringements can be For legitimate defense.

In this case, when the defendant Yu Chaobo was chased by his mentally ill brother Yu Chaotao and was unable to continue running to avoid it, he hit Yu Chaotao in order to protect himself from illegal infringement, which met the conditions of legitimate defense. .

Third, the defendant's self-defense behavior exceeded the necessary limit.

The so-called limit of legitimate defense means that the legitimate defender cannot obviously exceed the necessary limit and cause significant damage to the unlawful intruder.

In this case, because the victim was a mental patient who was unable to identify and control the nature of his behavior, and was holding weapons such as wooden sticks and bricks, it posed a greater personal danger to the defendant. The defendant still held bricks in the hands of the victim. In this case, using the captured wooden stick to defend yourself is consistent with the infringement behavior in terms of defensive methods.

However, after the defendant had pushed the victim to the ground, the victim's personal danger to the defendant had been greatly reduced. The defendant used a wooden stick to hit the victim's vital parts twice, causing the victim's death, which was obviously beyond the necessary limit. It is excessive defense and constitutes the crime of intentional injury.

Since the defendant took the initiative to send the victim home for treatment, his subjective malice was small and the harm to society was not great. Moreover, the defendant surrendered after committing the crime and indeed showed remorse. He should be given a lighter punishment in accordance with the law. The defender suggested that the defendant be given a suspended sentence. complete. "Du Yong expressed his defense opinion.