Lawyer's character

"Well, what I said may not be right. Is it possible that the behavior of the defendant in this case constitutes the crime of negligent death?" Cao Yongzheng said after thinking for a while.

"Oh? Tell me your reasons." Fang Yi feels that discussing issues in this way can open up ideas and is very beneficial for everyone to think about issues.

"My reason is: Defendant Yan Lingmin beat her daughter Qiu Yu out of a good intention to educate her children well. Defendant Yan Lingmin has always confessed that she beat her daughter to make her learn well, be promising, and gain reputation for herself.

Looking at the entire case, the defendant subjectively had neither the intention to harm the victim nor the intention to abuse the victim. His daughter Qiu Yu could not bear such severe beatings and corporal punishment, and the possible consequences of casualties should have been foreseen due to negligence. Therefore, I think the defendant may be guilty of negligence causing death. "Cao Yongzheng explained.

"Well, that makes sense. Where is Lawyer Du?" Fang Yi looked at Du Yong.

"I think there is no problem with the charges charged by the procuratorate. The reason is that the defendant Yan Lingmin had the intention to harm her daughter.

Generally speaking, the corporal punishment implemented by parents to educate their children is subjectively speaking out of good intentions and does not cause harm to the children. However, when the punishment exceeds the normal level and has serious consequences that lead to the death of the child, , it may constitute a crime.

In this case, based on the objective behavior of the defendant, in less than thirty hours, the defendant used objects such as clothes poles and steel rulers to hit multiple parts of the victim's body repeatedly, causing injuries to the victim's face, neck, and torso. The subcutaneous tissue damage of the limbs and limbs has accounted for 30% of the total body surface area.

As a mentally sound adult, the defendant knew that his young daughter had delicate skin and low ability to resist blows, but consciously carried out behaviors that could harm Qiu Yu's health for a long period of time. He subjectively had the intention to cause harm. Human behavior has gone beyond the limits of normal corporal punishment and scolding for educating and disciplining children.

In addition, based on the analysis of the location, scope and extent of the victim’s injuries, the defendant subjectively could not have turned a blind eye to or failed to recognize the damage caused to the victim’s body by his beating. Therefore, it cannot be concluded that the defendant should have foreseen the victim’s physical injuries. There is no foresight, or there is foresight and gullibility that can be avoided.

It can be seen that the defendant had a certain intention to injure the victim, at least subjectively, and had a laissez-faire attitude towards the beating and injury to the victim. However, the consequences of the death of the victim should have been foreseeable but he failed to foresee the consequences due to negligence. Therefore, this case meets the criteria of intentionality. Requirements for the subjective aspect of the crime of injury (causing death). "Du Yong said, touching his chin.

His meaning was very clear. The defendant had the intention to injure others, but he did not have the intention to pursue the death of the victim. Otherwise, it would not be the crime of intentional injury, but intentional homicide.

"What about the crime of abuse against Lao Meng? What do you think?" Fang Yi was very satisfied with Du Yong's speech, but he didn't show it on the surface.

"I agree with Zhou Ying that this case does not constitute a crime of abuse. But my reasons are different from hers.

The crime of cruelty refers to the physical destruction and mental torture of family members who live together by means of beating and scolding, freezing and starving, forced overwork, denial of medical treatment for illness, restriction of freedom, humiliation of personality, etc. The circumstances are egregious. the behavior of.

I think what lawyer Cao said just now is very correct. The defendant beat the victim out of a good intention to educate his children well. The defendant has always confessed that he beat his daughter Qiu Yu in order to make his daughter learn well, be promising, and gain reputation for himself.

It can be seen from this that the defendant subjectively acted mainly out of care for the victim rather than out of dislike for the victim, and did not have the intention to abuse the victim in order to cause the victim to be physically and mentally destroyed and tortured.

Objectively speaking, the defendant's beating behavior can be a means of intentional injury or a means of abuse. However, the abuse requires that the physical and mental destruction and torture of family members must be regular and continuous. Characteristics, and the circumstances must be serious enough to be treated as a crime.

In this case, although there is evidence to prove that the defendant had committed other acts of punishment against the victim before the incident, the existing evidence is not enough to prove that the defendant’s previous behavior was an act of physical and mental abuse that destroyed and tortured the victim. , and the circumstances have reached a serious level. Therefore, it cannot be determined that this case meets the objective conditions for regular and continuous abuse required for the establishment of the crime of abuse.

In this case, the forensic medical examination concluded that the victim was struck multiple times on multiple parts of the body with a blunt object, causing widespread subcutaneous bleeding and traumatic shock. This shows that there is an inevitable causal relationship between the defendant's beating behavior and the victim's death.

According to the conclusions of forensic medicine, it can be seen that the victim's "extensive subcutaneous bleeding" did not accumulate over a long period of time, but occurred in a short period of time.

It can be seen that the cause of the victim's death was the defendant's beating behavior during the day of the incident, which had nothing to do with the defendant's previous behavior and was not gradually formed due to long-term abuse.

Therefore, I believe that the defendant in this case was impulsive in the process of teaching his son, used violence on the spot, and accidentally beat the child to death. He subjectively had the intention to injure, and objectively committed an act of causing injury to death. Therefore, the two defendants should be prosecuted for the crime of intentional injury. person’s criminal liability. "Du Yong explained.

Cao Yongzheng couldn't believe his ears. He was able to come up with such a conclusion just by listening to the lawyer's introduction to the case. It was so reasonable and well-founded. It was incredible. He couldn't do it anyway. This lawyer Du really had something in his stomach. .

Fang Yi's eyes flashed with approval, and then he regained his composure: "What about sentencing? What do you think the sentence will be in this case?"

Du Yong shook his head: "I remember that anyone who intentionally causes death will be sentenced to more than ten years in prison, life imprisonment, or death. The death penalty is unlikely in this case. Considering that the defendant has surrendered, I estimate that the defendant He may be sentenced to ten years in prison.”

Fang Yi sighed in his heart. Du Yong's consideration was still not as comprehensive as Meng Guangda's. It might also be because Meng Guangda had been exposed to the case file materials for a longer time.

He thought that the next step could be to find a suitable case, push Du Yong out, and let him show his face. It's just that Du Yong's mind is more flexible than Meng Guangda's. It's hard to say whether he will have other ideas after he becomes famous. Let's see.

"Lawyer Fang, what do you think? Regarding sentencing." Zhou Ying took over the conversation. (End of chapter)