Lawyer's character

After a while, under the escort of the bailiff, the defendant Zhao Yutian walked into the court with handcuffs and shackles and sat in the dock.

Fang Yi glanced at Zhao Yutian. His expression was still dull and his eyes were dull. He sat down and lowered his head slightly, not looking at anyone.

After completing the previous procedures, the presiding judge looked at the prosecutor: "Now we will conduct court investigation and ask the prosecutor to read out the indictment."

The ponytailed female prosecutor picked up the indictment: "Defendant Zhao Yutian, male, resident ID number...

The investigation of this case was concluded by the Municipal Public Security Bureau. The defendant Zhao Yutian was suspected of intentional homicide and was transferred to this court for review and prosecution on January 20, 2013. After accepting the case, the court informed the defendant on the next day of his right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment. He interrogated the defendant in accordance with the law and reviewed all case materials.

After legal review, it was found that:

At about 10 a.m. on December 15, 2012, the defendant Zhao Yutian was doing business without a license in front of the gate of Yulong Community, selling fruits, and had a conflict with Liao Yaoguang, captain of the county urban management brigade, and his colleagues who were performing management work. , during the conflict, the defendant used a folding knife to peel an apple and stabbed Liao Yaoguang into serious injuries. Liao Yaoguang died on the way to the hospital.

The defendant stabbed Liao Yaoguang and fled, then voluntarily surrendered to the County Public Security Bureau.

The evidence to establish the above facts is as follows:

1. A folding knife used by the defendant to stab Liao Yaoguang;

2. The defendant’s confession and defense;

3. On-site inspection (inspection) records and appraisal reports;

4. Surveillance video of Yulong Community.

The above evidence collection procedures are legal and the content is objective and true. The defendant Zhao Yutian had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court believes that the defendant Zhao Yutian intentionally stabbed a public official, and his behavior violated the provisions of Article 232 of the Criminal Law of the People's Republic of China. The criminal facts are clear, the evidence is reliable and sufficient, and he should be prosecuted for intentional homicide. its criminal liability.

In view of the fact that the defendant deliberately killed law enforcement officers in public, it is recommended that Zhao Yutian be sentenced to death and executed immediately. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law.

Fang Yi listened to the prosecutor read out the indictment, and kept writing on the defense statement with the pencil in his hand. According to past experience, defendants who kill public servants in public are usually sentenced to death and executed immediately. However, since the Cui case in 2006, this situation has changed slightly, and some have been sentenced to suspended death.

But looking at today's posture... Fang Yi didn't know whether he could save Zhao Yutian's life.

"Defendant, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges charged against you in the indictment?" The presiding judge looked at Zhao Yutian, who was sitting on the chair in front of him.

Zhao Yutian raised his head and looked at the judge with dull eyes, and said in a low voice: "Listen clearly, I have no objection."

"Does the prosecutor need to question the defendant about the criminal facts alleged in the indictment?" the judge continued.

"No need to ask," Prosecutor Chen said.

"Does the defendant's defender need to ask questions to the defendant?" The judge looked at Fang Yidao.

"Need." Fang Yi looked at Zhao Yutian: "Defendant, what happened on the day of the incident, can you describe the situation at that time?"

Zhao Yutian did not look at Fang Yi, and his voice was emotionless: "I was selling apples at the gate of a community that day..."

Fang Yi listened quietly. What Zhao Yutian said was consistent with his previous statement.

"What were you thinking at that time? Why did you hurt someone with a knife?" Fang Yi asked.

"At that time, they wanted to take away my tricycle. This tricycle was my life. I relied on this car to do business and make money to buy new year's goods for my grandma. When he snatched my car, I rushed up with a knife and stabbed him. he.

I don't want to kill him, I just want to get my tricycle back..." Zhao Yutian's eyes were dull and he lowered his head after speaking.

Fang Yi stopped asking questions and looked at the judge: "I'm done asking."

"Now let's ask the prosecutor to present evidence." the judge said.

"The first piece of evidence, a folding knife, was identified through fingerprints and DNA. The fingerprints on the folding knife were those of the defendant, and the blood stains were those of the victim. The defendant used this knife to stab the victim seriously;

The second piece of evidence, the defendant's confession and defense, proved that the defendant believed that he stabbed the victim with a folding knife and seriously injured him;

The third piece of evidence, on-site inspection (inquest) records and identification reports, proves that the crime scene was at the gate of Yulong Community, and the victim died of excessive blood loss after being stabbed in the aorta by the defendant;

The fourth piece of evidence is the surveillance video of Yulong Community. This surveillance video recorded the entire process of the case. We applied to play the content of the video in court. "The ponytailed female prosecutor read out the evidence one by one.

The court played the surveillance video of Yulong Community in court. Yulong Community is a high-end community, and the clarity of the surveillance equipment is really high. The situation on the scene can be seen clearly. There were five or six urban management personnel on site. After arguing with Zhao Yutian for a while, Zhao Yutian suddenly He grabbed a folding knife from the car and stabbed a fat man in uniform. Then the fat man fell to the ground, and Zhao Yutian ran away and disappeared.

"What objection does the defendant have to the evidence?" the judge asked after the surveillance video was played.

"No objection." Zhao Yutian said.

"What does the defendant's defender have to say about the evidence?" the judge asked.

"No objection." Fang Yi said.

This case is relatively simple. All the evidence is unfavorable to the defendant. The defendant has no objection to the evidence. This is what Fang Yi has thought of long ago.

"Does the defendant's defender have any evidence that needs to be submitted?" the judge asked.

“There is evidence to be submitted.

The first piece of evidence, a certificate issued by the defendant's village committee, proves that the defendant's family life is difficult. Since the company where he worked closed down, his family has been unable to make ends meet. At first, he and his grandmother made a living by picking up scraps, and later sold vegetables on a three-wheeler. Although life was not easy selling vegetables on the street, the defendant never thought of stealing or robbing others and still made a living by himself. The defendant is a recognized member of the village.

The second piece of evidence, a certificate issued by the police station, proves that the defendant has never committed a crime before, has never been subject to administrative punishment, and has always been content with his duties.

The third piece of evidence, a certificate issued by the school, proved that the defendant had never had any fights during his school days, studied hard, and had no bad habits. "Fang Yi said.

Originally, Fang Yi wanted the village to submit the village committee's certificates to the court, but later he asked the village committee to cooperate and went with him to the school and the police station to issue several certificates. Fang Yi submitted all the certificates as evidence to the court. court.

"What opinions does the prosecutor have on the evidence submitted by the defendant?" the judge asked.

"No objection," said the ponytailed female prosecutor.