Lawyer's character

Yun Qiao was silent. For the first time, she felt the lawyer's insignificance and powerlessness.

Maybe it was because she had been by Fang Yi's side, enjoying too much joy of success through Fang Yi's light, and deep down in her heart she had taken the lawyer's reputation for granted. To put it bluntly, I feel a little drifting, and this feeling of drifting does not come from myself, but from the master.

But Fang Yi's words today made her heart, which had already floated into the sky, be pulled violently like a kite. The wind disappeared and it was falling flutteringly.

Fang Yi saw her disappointment and didn't want to hit her anymore. He smiled and said: "But even so, lawyers have a role, but the role is a little smaller. They are not as high-level as outsiders think. Make money well and live a good life. Don’t listen to those false and empty words and believe them less.”

Yun Qiao nodded vigorously.

Soon after, Yan Lingmin's case came to court.

The auditorium of the Eighth Trial Chamber of the Intermediate People's Court was full of people. Yan Lingmin's husband Qiu Naijun and his family and friends were sitting in the auditorium.

…

"Defendant Yan Lingmin, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the charges and criminal facts charged in the indictment?" The presiding judge looked at Yan Lingmin, who was sitting in the dock below.

Because this case had great repercussions in society, the Criminal Court appointed a deputy chief judge as the presiding judge, and the other two judges were also experienced judges.

"I plead guilty, I plead guilty." Yan Lingmin in the dock wiped her tears nervously. It could be seen that she was trying her best to control herself and cooperate with the court investigation.

"The public prosecutor can question the defendant about the criminal facts charged in the indictment." The presiding judge said with a ruthless face.

"What is the relationship between the defendant Yan Lingmin and the victim Qiu Yu and you?" the female prosecutor asked.

"She is my daughter and I am her mother." Yan Lingmin replied with a painful look on her face.

"According to the autopsy report, there are scars left by blows on many parts of the victim's body. Do you know what happened?" the female prosecutor asked.

"I know, it was me who beat her. On the night of the crime and the day before, I got angry and beat her because she didn't pay attention to her studies. I didn't mean it. I wanted her to study hard and get ahead. I didn't expect this..., yes I did it all, it was all my fault..." As she spoke, Yan Lingmin became emotional, covered her face with her hands, bent down and cried bitterly.

The presiding judge looked at the defendant and after a moment said: "Defendant, calm down. What happened has happened. We know you regret it, but since you have done it, you must bear the consequences..."

Yan Lingmin cried for a while, almost venting her emotions, and slowly calmed down. After hearing the words of the presiding judge, she kept nodding her head, still sobbing.

…

"Does the defendant's defender need to ask questions to the defendant?" Seeing that defendant Yan Lingmin's mood had stabilized, the presiding judge looked at the defense table and asked.

"I need to ask a question." Fang Yi finished speaking and looked at the defendant's dock: "Defendant Yan Lingmin, why did you beat the victim?"

"My daughter Qiu Yu doesn't study well. She always pronounces English incorrectly and doesn't do math problems correctly. I was anxious to get angry, so I beat her.

After the fight, I also regret it, but I don’t want my child to fall behind, and I don’t want her to lose at the starting line. She will complain about me if she doesn’t get into college in the future. I don’t have much education, so I can only sign her up for extracurricular classes. I shouldn’t force my child..." Yan Lingmin started crying again and replied with choked sobs.

"What did you do when the child became ill on the night of the incident?" Fang Yi asked.

"At first I thought she just had a cold and gave her medicine. Then around five o'clock in the morning, I found her staring and not in much condition, so I called the Yao 20 emergency number, but... but who knew it was still too late? One step and the child is gone..." Yan Lingmin sobbed even harder.

Because both the defendant and the defender recognized the evidence submitted by the prosecutor, the evidence and cross-examination process went very quickly.

…

“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: The prosecutor believes that...the defendant Yan Lingmin intentionally and illegally injured the body of the victim Qiu Yu, causing his death, and his behavior constituted the crime of intentional injury.

The facts of this case are clear and the evidence is indeed sufficient. The defendant intentionally injured his biological daughter, causing her death. In view of the fact that she voluntarily surrendered after the incident, we recommend that the defendant be sentenced to death with a two-year suspended sentence. "The female prosecutor spoke.

The female prosecutor was also very troubled because her children were not good at studying. When she was angry, she also beat her children and felt that she hated iron but could not make steel. However, the general environment was like this, and the school There are too few things taught, and children cannot keep up without extra tutoring classes. Even school teachers encourage parents to attend extra tutoring classes.

She didn't know whether there was any interest relationship between teachers and extracurricular tutoring classes, but if things continued like this, the pressure on parents would increase and become more and more tiring. The above request to reduce the burden on schools would not solve the parents' involution at all, but would make them even more involved.

The female prosecutor understood the defendant's feelings as a mother towards her daughter's studies. Sometimes she wished she could put her own child back. It was so tiring to give birth and raise a child! But as a public prosecutor and prosecutor, she has no choice but to do what she wants.

…

"The defender expressed his defense opinion," the presiding judge said.

"Presiding Judge, Judge: The defender has no objection to the charges against the defendant charged by the prosecutor, but the defender believes that the defendant beat the victim out of a good intention to educate his children well, and the defendant has always confessed that he beat the victim in order to teach him well. , have a promising future and fight for yourself.

This case occurred because the defendant was impulsive in the process of teaching his son, used violence on the spot, and accidentally beat the child to death. After that, the defendant voluntarily surrendered to the public security organ, which has statutory mitigating circumstances.

In view of the particularity of this case, the defender recommended that the defendant be sentenced to five years in prison. complete. "Fang Yi expressed his defense opinion.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

"Okay, in response to the defender's defense, the prosecutor believes that it was precisely because of the special identity relationship between the defendant and the victim that the victim, a primary school student, died tragically at the hands of his biological mother.

As the saying goes, a tiger's poison does not eat its seeds, but the defendant's cruel methods of committing crimes are shocking and destroy one's conscience. Therefore, the prosecutor believes that the defendant should be severely punished. However, in view of the circumstances of his surrender, it is recommended that he be sentenced to a suspended death sentence. complete. "The female prosecutor's response was brief, not lengthy, and quoted laws and regulations. This was somewhat different from her previous style.

"The defender responds to the prosecutor's opinions," the presiding judge said.

“Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

The defender believes that it is precisely because of the special relationship between the defendant and the victim and the fact that the defendant surrendered that the defendant should be given a lighter punishment for the following reasons:

First, the defendant has the following statutory, discretionary and mitigating circumstances:

1. If the defendant surrenders, he may be given a lighter or reduced punishment in accordance with the law.

2. There is a legal causal relationship between the defendant's harmful behavior and the death of the victim Qiu Yu, but there are other intervening factors that caused the death.

On the night of the incident, Qiu Yu suffered from large-scale subcutaneous bleeding after being beaten, as well as symptoms of fatigue and drowsiness. As a mother, the defendant gave Qiu Yu a hot bath out of love, but it was this kind of care that lacked medical knowledge. The behavior caused Qiu Yu's subcutaneous bleeding to increase, the bleeding speed to accelerate, and the bleeding area to spread, which became a factor in the aggravation of Qiu Yu's condition.

Later, while sleeping, when Qiu Yu showed dangerous signs such as high fever and shortness of breath, the defendant mistakenly thought that the victim had a cold and lost the best opportunity to treat Qiu Yu.

Although the above factors cannot prevent the establishment of causation, the defender believes that they had a certain impact on the death of the victim and asks the collegial panel to give due consideration when sentencing.

3. When Qiu Yu was in critical condition, the defendant not only rescued himself, but also called the emergency phone for help. This proves that the defendant subjectively did not actively pursue the death of the victim, but objectively also carried out rescue actions and fulfilled his rescue obligations. Please The collegial panel sentenced the defendant to a lighter sentence.

4. The injury-causing tool in this case was not a general tool capable of causing casualties with a single strike. The blows mainly targeted Qiu Yu’s buttocks, back, limbs and other non-vital parts of the human body. This shows that the defendant was relatively restrained in his choice of criminal tools and strike locations.

5. The defendant punished Qiu Yu in order to encourage his daughter Qiu Yu to learn knowledge well and to have a feeling of educating his children. His criminal behavior contained the element of eagerness to teach his children. Although the method was improper and the punishment was excessive, subjectively it was still for the education of the children. and growth, but it was done too hastily, and the motive of the crime is still relatively benign, reflecting that its subjective malignancy is relatively mild.

6. This case occurred between family members, and the crime target was special. Compared with other serious violent crimes that occur in society, the social harm is relatively minor.

7. After the defendant is brought to justice, he truthfully confesses his crime, has a good confession attitude, and shows remorse.

Second, from the perspective of social effects, the defendant should be sentenced to a relatively light punishment. The reason is:

1. This case is a special case. The defender believes that the sentencing of the defendant, in addition to reflecting the basic principle of proportionality of crime and punishment, should also take into account the trauma and pain caused to the defendant's heart by the family disaster he caused.

As the victim's biological mother, the defendant himself is also a victim. They may bear a heavy psychological burden throughout their lives, unable to face their beloved daughter, husband, parents and relatives, and unable to forgive their actions.

For the defendant, this kind of heartfelt self-blame, self-complaint, self-repentance and self-reflection that lasts a lifetime is enough to achieve or even surpass the punishment and educational effects of punishment.

2. This case is not only a family tragedy for the defendant, but also a social tragedy.

The defender believes that in the minds of many parents, there has always been the traditional feudal patriarchal concept of "beating means kissing and scolding means love" and "filial sons will emerge from under the stick". This is also the ideological root of the defendant's crime.

'Hoping for their children to become successful and their daughters to become phoenixes', it is common for most parents to sacrifice their children's health and happiness to satisfy their own vanity. This kind of distorted values ​​​​is the real culprit that ruined Qiu Yu's young life; exam-oriented education Competitiveness and cruel competition in terms of further education and employment are the social causes of this tragedy.

The defender did not deny that there was a causal relationship between the defendant's beating behavior and the victim's death, but from another perspective, the defendant was also a victim, and the real culprit that led to this family tragedy was the above-mentioned social factors.

To sum up, the defender implores the collegial panel to reduce the defendant’s punishment within the legal range in order to embody the penal functions of education, probation and salvation, demonstrate the majesty of the law and humanistic care, and achieve the organic unity of legal effects and social effects. complete. "

After Meng Guangda finished responding, he looked at Fang Yi and asked him if he wanted to add anything. Fang Yi shook his head slightly. Fang Yi felt that Meng Guangda's response was very good and there was no need to add anything.

That's right, before today's trial, Fang Yi and Meng Guangda divided their work. Fang Yi gave the previous work to Fang Yi. When the defender responded, Meng Guangda spoke, and Fang Yi took the lead.

Meng Guangda's speech was the result of many revisions by the two of them. The language was too sharp and Fang Yi was afraid of being resented by the relevant departments, while the language was too soft and ineffective. Meng Guangda's speech was the final draft after several revisions.

After all, the client entrusts the case based on Fang Yi's reputation and professional ability. If Meng Guangda speaks too many times, it will seem to overwhelm the client and the client may be dissatisfied.

The presiding judge continued with the procedure, and Fang Yi cast an approving look at Meng Guangda. It seemed that he could let Lao Meng take the lead.

Today Cao Yongzheng and Yun Qiao also came to the court hearing and sat in the auditorium. They wanted to hear how Boss Fang and Meng Guangda defended themselves.

After listening to Meng Guangda's response, Cao Yongzheng sighed to himself, otherwise he would be famous and his level would be higher than his own, and he would not accept it. Meng Guangda's fame continued to rise, which gave him hope and allowed him to see Fang Yi's pattern. I feel like I made the right move this time. In Fang Yi's team, gold will shine sooner or later, and Boss Fang will give opportunities to everyone and will not hold on to them.

…

After the trial, the presiding judge read out the verdict in court.

The Intermediate Court held that the defendant Yan Lingmin intentionally and illegally harmed the body of others, resulting in the death of one person, and his behavior constituted the crime of intentional injury. The procuratorate found that the facts of the defendant Yan Lingmin's crime were clear, the evidence was conclusive and sufficient, and the charges were found guilty.

The defendant Yan Lingmin voluntarily came to the case and truthfully confessed her crime and surrendered. In accordance with the provisions of Article 234, paragraph 2, and Article 67, paragraph 1, of the Criminal Law, the verdict is that the defendant is guilty of intentional injury and sentenced to six years in prison.

After the first-instance verdict was pronounced, the defendant Yan Lingmin did not appeal, and the public prosecution did not protest, so the verdict became legally effective.

After the verdict was announced, when the defendant Yan Lingmin was taken out of the court by the bailiffs, Qiu Naijun in the auditorium had tears in his eyes and his lips trembled for a long time without speaking.

Six years, within the range of Fang Yi's previously estimated sentence, was acceptable to Qiu Naijun. It is said that Qiu Naijun fell seriously ill after leaving the court and stayed in the hospital for more than half a month before getting better. However, his spirit was not very good. The doctor said it was caused by excessive sadness and he needed to rest. Maybe it would get better with time. (End of chapter)