Becoming a lawyer starts with raising a Xiezhi

Chapter 506 Defense Opinion
He Shanshan's lawyer was a little unreasonable and wanted to put the blame on Xiao Long. Why did Shanshan reduce the penalty? Meng Lang knew that this was also their duty. In order to earn some legal fees, they had to do this, otherwise the client would Why should he be hired as a lawyer?
Going to his side also means the same thing, but he basically still holds the idea of ​​fairness and justice, so as not to distort the facts, blindly accommodate the parties and satisfy their illegal demands.

After He Shanshan's lawyer asked Xiao Long, the judge asked the bailiff to bring He Shanshan to the court for evidence and cross-examination.

The public prosecutor presented evidence to the court one by one, and He Shanshan's lawyer cross-examined him. In this case, He Shanshan and Xiao Long's confession attitude was actually good.

The intelligence of both of them is worrying, and they probably can't be cunning even if they want to be cunning, so they can only be honest.

After the presentation of evidence and cross-examination, the court entered the debate stage. The prosecutor first issued a public prosecution opinion and determined that He Shanshan and Xiao Long were suspected of intentional homicide and were a joint crime. They played equal roles in the joint crime and did not distinguish between the principal and the accomplice. He Shanshan can be given a lighter punishment if he confesses the problem after being brought to justice, and Xiao Long can also be given a lighter punishment if he confesses after being brought to justice. It is recommended that both of them be sentenced to death with a two-year suspended execution.

After the public prosecutor finished speaking, He Shanshan's lawyer began to express his defense opinion: "... Based on the facts and evidence of the whole case, the defender believes that the fact that the public prosecution agency accused He Shanshan of intentional homicide cannot be established, and He Shanshan just let the second defendant Xiao Long went to teach the victim Guo Tunsheng a lesson, but he did not let Xiao Long kill Guo Tunsheng. Xiao Long's killing behavior exceeded He Shanshan's subjective intentional crime, so it cannot be determined that He Shanshan committed the murder intentionally, even if He Shanshan instigated it. Xiao Long killed Guo Tunsheng, but when Xiao Long didn't inform He Shanshan, he strangled Guo Tunsheng unconscious. At this time, Guo Tunsheng was not dead and was still breathing. Tunsheng's harmful behavior was just to help Xiao Long, tie up Guo Tunsheng and put him in the trunk of the car. After that, he didn't tell He Shanshan what Xiao Long did or how he did it, so He Shanshan told Guo Tunsheng The result of Guo Tunsheng's death is at most a kind of negligence, that is, because of negligence, Guo Tunsheng did not receive timely treatment and died.

Xiao Long should bear the main responsibility for Guo Tunsheng's death. He drove the car to the parking lot knowing that Guo Tunsheng had been strangled, and did not take any rescue measures for Guo Tunsheng, which caused Guo Tunsheng to die. Therefore, in this case, He Shanshan should be held criminally responsible for the crime of negligent death. "

He Shanshan's defense lawyer had a strange brain circuit, and actually thought that He Shanshan was guilty of negligence causing death. Meng Lang listened to it, and it was an eye-opener. It turns out that lawyers can also defend in this way. As long as the words make the client happy, how to say all will do.

Meng Lang glanced at the judge and prosecutor, and saw that after hearing He Shanshan's defense lawyer's speech, they all showed dismissive expressions. He Shanshan's lawyer's defense opinion was not worth refuting at all.

After He Shanshan's lawyer finished speaking, Meng Lang also began to express his defense opinions. He said that he agreed with the views in the prosecution opinion that Xiao Long was suspected of intentional homicide and played a similar role in the joint crime as He Shanshan, but Based on the evidence in the entire case, Xiao Long has the following mitigating and mitigating circumstances.

First, Xiao Long should surrender.Xiao Long did not choose to escape after Guo Tunsheng's body was discovered. Instead, he arrived at the scene after receiving a call from the owner of the parking lot.

Under normal circumstances, after the criminal facts are exposed, the criminal suspect will often choose to escape and dare not face the consequences of the crime. At that time, Guo Tunsheng’s body had been found, and the police could easily find out that he might be involved in the case. In this case Next, if he went to the scene to check the corpse again, he must have thrown himself into the trap.

When I say this, some people may say that he is being smart and thinks that the police cannot find him. I think it is unfair to Xiao Long. What does being smart mean?To be smart, he must first act smart. However, when we review the entire case, where can we see how smart these two suspects are?After killing the person, he threw it in the parking lot, and then went to the scene to check the body. On such a hot day, the body is easy to be highly decomposed. If he was smart, he should have thrown the body in the parking lot?

Therefore, Xiao Long's behavior of going to the scene after the incident was exposed was an act of willingness to accept legal sanctions. Although he argued that the car was not his when he arrived at the scene, he didn't know what happened to the corpse. Some hesitated, but he was not unwilling to accept the punishment. When he was taken to the police station, under the enlightenment of the police station, he quickly admitted the crime.

According to the law, at the scene of a crime, who knows that others have called the police, but waits at the scene, and after being interrogated by the investigators, voluntarily confesses the facts of the crime. To admit the facts of the crime is to surrender. He waited at the scene, which contained a kind of idea of ​​surrendering himself, and then truthfully confessed the facts of the crime, which should be deemed as surrender.

Secondly, Xiao Long has performed major meritorious services.After Xiao Long explained the facts of the crime, he took the police to He Shanshan's home to help arrest He Shanshan. He Shanshan was an important criminal suspect, so his behavior was considered a major meritorious service. The punishment should be reduced.

In the end, although Xiao Long committed murder intentionally, he did so indirectly because Guo Tunsheng was not strangled to death on the spot, but was tied up and put into the trunk of the car, causing Guo Tunsheng's death. This kind of indulging in his death was The psychological attitude is an indirect intention.

Compared with direct intention, indirect intention is less harmful, so it can be given a lighter punishment as appropriate.

To sum up, the defender has no objection to the public prosecutor's finding that Xiao Long committed the crime of intentional homicide, but has objections to his sentencing. According to Xiao Long's behavior and performance, his punishment should be reduced, and his sentencing should be within fixed-term imprisonment. The lighter sentence is below life imprisonment, and the reduction should be below 15 years of fixed-term imprisonment. This is the punishment that deserves the crime.

After Meng Lang finished speaking, the judge sat on the stage and nodded slightly, while the prosecutor frowned when he heard this. Compared with He Shanshan's lawyer, Meng Lang's defense opinion was too lethal.

As the public prosecutor, he had to respond to Meng Lang's defense opinion, otherwise Xiao Long was sentenced to 15 years in prison, which would be too light.

(End of this chapter)