Lawyer's character

"The facts of this case have been clearly investigated, the court investigation is over, and now the court debate begins. The public prosecutor and defender are invited to debate around the disputed facts and how to apply the law.

The prosecutor is invited to express his arguments. "The judge said.

"We believe that the defendant Zhao Yutian stabbed a public official who was performing his duties in the street, causing the death of the public official. The evidence is conclusive and the defendant confessed. The defendant's behavior has constituted intentional homicide. We recommend that the defendant be sentenced to death. Execute immediately." said the ponytailed female prosecutor.

"The defendant expressed his defense opinion." The judge looked at Zhao Yutian.

"I killed the person, but I didn't mean to kill him. I admit my guilt." Zhao Yutian's eyes were still dull and he looked very calm.

"The defender expressed his opinion." After the judge finished speaking, he looked at Fang Yi coldly.

“Dear presiding judge and judges of the collegial panel:

I was entrusted by Zhao Yutian, the defendant in this case, to assume the obligation of legal assistance and serve as his defender. Before delivering our defense, please allow us to express our condolences for the unfortunate death of the victim, and hope that the victim’s family can accept my sincere greetings as a defender.

(The deceased is the most important person. As a defender, expressing condolences to the victim before issuing a defense opinion can at least make the family feel respected and avoid intensifying conflicts. At the same time, it can also pave the way for the subsequent expression of defense opinions so as not to aggravate conflicts. to the lawyer)

In response to the indictment and combined with today's court investigation, I have the following opinions.

1. It is unreasonable for the indictment to accuse the defendant of intentional homicide.

Judging from the origin of the case, the defendant and the victim were strangers to each other, let alone enemies. It can be seen from the surveillance video provided by the prosecutor that the scene suddenly fell into chaos. Both parties were very excited and there was some pushing and shoving. There were three or four people at the scene trying to control the defendant. The defendant was worried that his tricycle would be confiscated, and he was also afraid that his tricycle would be confiscated. After being caught, he picked up the folding knife on the tricycle in desperation and stabbed forward.

Judging from the video provided by the prosecutor, the defendant's stabbing action was not aimed at the victim, but a random stabbing in a desperate situation to get rid of the entanglement of those around him. Under such circumstances, it is obviously unreasonable to accuse the defendant of having the intention to kill the victim.

2. The knife used by the defendant was not a controlled knife

The defender reminded the collegial court that the knife used by the defendant to stab the victim was not a controlled knife specially bought for fighting, but a folding fruit knife. This kind of knife can be bought in the market for five or six yuan.

It can be seen from the video that in the extremely chaotic situation at that time, the defendant did not know where the knife would stab in the emergency or which part it hit. Therefore, the defendant did not have any subjective intention to intentionally kill the victim. The stabbing death of the victim was not the result of the defendant's deliberate pursuit.

3. The defendant voluntarily surrenders

After the incident, the defendant left the scene of the crime not to escape the crime, but to go to the public security agency and voluntarily surrender. The relevant content is recorded in the transcript submitted by the public prosecution agency.

After the defendant was controlled, he asked about the victim's situation. When he heard that the victim had died, the defendant regretted it very much and wrote several times to express his regret to the victim's family. It can be seen that the defendant did not foresee the consequences of the victim's death. Subjectively, we do not want the victim to die.

4. Crimes of Passion

The defense believes this case is a typical crime of passion. The defendant suddenly thrust forward the folding knife out of desperation. His behavior was completely dominated by strong emotions and was a crime caused by self-protection.

5. The defendant’s pity

During the trial, the defender submitted to the court certificates issued by the village committee, school, and police station. These certificates can prove that the defendant has always behaved well, has no fights, has no previous convictions, and has no violent tendencies. Although life was difficult, the defendant did not complain, nor did he intend to trap, deceive, abduct, deceive or rob, and relied entirely on himself to support himself.

The defendant came to the county to sell fruit because he was forced by life. Although he tried his best, his life was still difficult and his income was meager.

Despite the embarrassment of life, the defendant always maintained a kind and simple heart. No matter how poor he was, he did not steal, rob, or harm others for profit.

In summary, there is insufficient evidence for the charges charged by the public prosecution, and the alleged crimes cannot be established. "Fang Yi took a deep breath and adjusted his emotions. This is a human life.

"Has the defender finished expressing his opinion?" the presiding judge asked, seeing that Fang Yi did not express his opinion.

"It's not finished yet." Fang Yi felt that he should say something more, otherwise he would always feel panicked in his heart: "My client is just a humble peddler who sells pulp in a city called a civilized city.

As a lawyer and defender, I really want to ask all the judges and prosecutors. When a person sees that his only livelihood is broken, and he is about to have no choice but to face a desperate situation, please think about it, will you think about it? More calm and patient than the defendant? !

As legal practitioners, our ultimate goal is to make this society more harmonious, or to make it more miserable?

You only live once!

Finished speaking. "

After Fang Yi finished speaking, the huge court fell silent. Life or death is an eternal question.

If the defendant is extremely vicious, the judge will sentence him to death without any psychological pressure and execute it immediately. But today's defendant is an extremely ordinary ordinary person. He does not have a fierce face or a cruel heart. The judges in the criminal court were silent. There is no standard answer in the law to the questions raised by the defender.

In the end, it was the presiding judge who broke the silence: "Do both sides have any additional arguments that need to be made?"

"No." Both parties replied.

"The court debate is now over. According to Article 160 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to make a final statement. It is now up to you, defendant Zhao Yutian, to make a final statement to the court." The judge's eyes flashed. A little more complicated.

"On the day of the incident, my grandma learned that I had killed someone and suffered a cerebral hemorrhage and left. I not only killed the victim, but also my grandma. My impulse destroyed two families. Now I I no longer have a home..." As he said this, Zhao Yutian could no longer hold back his tears, and burst out crying like a flood.

…

“After a public hearing, this court conducted court investigation and court debate, heard the prosecutor’s accusations, the defendant’s opinions, the defendant’s defense and statements, and the defense opinions of the defender, and the court hearing ended.

The court will now be adjourned for fifteen minutes, and the collegial panel will conduct deliberations. Later, the verdict will be pronounced in court and the defendant will be taken out of the court. "After the presiding judge knocked the gavel, the collegial bench collectively left the court.