"The question is, how will this determination be done!"
"That big shape, how do you think it should be judged?"
This is something that Zhou Yi still has no way to distinguish, that is, if a person injures another person to death, how to distinguish whether it is an intentional homicide or an intentional injury.
The single point of view is very simple. Intentional killing is to kill, but intentional injury has no intention of killing.
Even if its final result may lead to the death of the victim, but the subjective aspect is not intentional homicide, then it is not counted.
Fang Dazhang laughed and said, "Your question is really interesting. In law, the two are easy to confuse."
"The specifics need to be determined comprehensively, considering many factors such as the cause of the crime, the process, the tool, the intensity, whether the murderer was killed, and many other factors. I don't know anything now, so naturally I can't speculate."
What Fang Dazhuang said was the truth, he is not a god, and he doesn't know anything about it, so it is definitely impossible to deduce it.
"Just judging from your description, the child's two knives were aimed at vital parts, so it may be an intentional homicide!"
The medical sister paper stabbed her ex-boyfriend more than 20 times and still suffered minor injuries because she didn't aim at the vitals.
Zhang San stabbed the other person three times, and the knife was aimed at the vital point, but the other party survived in time because of the rescue, so this is likely to be an intentional homicide.
And Li Si stabbed someone twenty times, none of which hit the vital point, but the other party died due to excessive blood loss, so this was basically intentional injury and did not run away.
Zhou Yi shook his head, he hadn't expected this until now.
In fact, in comparison, adults must commit more crimes, but why do they seem to be more prejudiced against minors?
It's very simple, because of fear!
Today's children are not the same as in the past, they have more channels to contact social information.
But because he was young and had no experience, it doesn't matter what he does. After killing someone, he can say "I'm still a minor and don't need to bear criminal responsibility", who can stand it.
Before the introduction of the Criminal Law Amendment, some media interviewed some juvenile delinquents. Many of them knew that before the age of 14, they could "do a big job"!
Before the age of 16, you can do a little restraint, but after the age of 16, you have to be more careful.
What kind of concept is this...
It's like mental illness, and this is another kind of bad trick played by many criminal defense lawyers nowadays.
So everyone is afraid, really afraid!
No matter how much you are compensated, but your life is gone, where are you going to spend the money?
Another fun night.
A few days passed by, and Zhou Yi didn't ask about it again. He just felt that Fang Haodong was a bit miserable. If this continues, he won't even have any relatives outside.
The whole family may be reunited in it...
Dong Wenfang is in a panic now, because the police searched her home yesterday with a search warrant, and she has nothing to do.
It was very unusual, but she didn't know what kind of signal it was.
The son can't just stab the other party, and then something will happen, he is still a child!
The son is still lying on the hospital bed. Dong Wenfang vaguely remembers that he seems to have something very important to do, but he has been so busy these days that he has forgotten it.
At this moment, the door of the ward was pushed open, and several policemen walked in under the leadership of the nurse.
"Dong Wenfang, right? From the criminal police team of the Guangming District Bureau, here is my ID." The leader of the police said directly.
"This...you guys..."
"We are here to inform you that your son Fang Zixuan is suspected of attempted murder, and now our Guangming District Bureau has filed a case!"
"So we need to monitor, and when Fang Zixuan's health is almost ready, we will take him back to the detention center."
What?Dong Wenfang froze there, while Fang Zixuan, who had been lying on the hospital bed pretending to be cold, couldn't bear it anymore.
He knew about the attempted murder, but he never expected to arrest him!
Isn't he a minor?Why are minors still arrested?
Several police officers looked at Fang Zixuan on the hospital bed, and Fang Zixuan also raised his head to look at them, without any fear on his face.
"What do you see me doing?"
"It's okay, you should recuperate first."
After finishing speaking, the police left directly. They originally planned to ask a few words on the hospital bed to see if the other party wanted to surrender, confessed and repented, but he didn't show any performance at all.
Originally, there was only monitoring, and only Zhou Yi provided it. The hatred between the two parties due to campus bullying is actually not enough to determine intentional homicide.
The reason is very simple, it is a switchblade, not very long, it is really embarrassing to use that thing to kill people.
The crime tool is also an important criterion for judging
It was only after searching the other party's home, finding Fang Zixuan's cell phone, and finding some words posted by the other party on the Internet, and finally got the result.
As early as when Fang Haodong was arrested, Fang Zixuan thought about "killing that woman, or killing her parents."
This is what the other party said in a chat group. There are not so many reasons, but they got his father into prison, so they want to take revenge.
There are a lot of similar remarks. Those people in the group, some persuaded and some booed, saying hurry up and do it, anyway, nothing will happen.
So there's this premeditated murder feel to it.
Because under normal circumstances, impulsive crimes are rarely driven by the idea of killing people.
But premeditation is different...
Because of this, the Guangming District Bureau filed a case against the other party on suspicion of intentional homicide!
After the police left, Dong Wenfang was very confused, especially confused. Why did her son become an intentional murderer when he was doing well!
At this moment, the phone rang, and I took it out to see that the name was Lawyer Qin.
"Hey Brother Qin, can you call me for something? I happen to have something to ask..."
Attorney Qin on the other side was almost speechless, saying that he was asked to help, but it was agreed, and he had to pay!
But now, it's been so long, and if he hasn't paid any money, then he must be unable to do things.
He is a lawyer and not a contractor, and he can advance the money himself, which makes no sense.
So seeing that Fang Haodong was about to go to court, he could only call.
As a result, the first sentence is to "ask" again. I am a relative who is far away from your family. This is taking me for a ride!
"Wenfang, I'm too busy to take care of it now, and Haodong's matter can't be delayed any longer. It's all informed that the court will be held next week!" Lawyer Qin said.
This time it was Dong Wenfang's turn to be confused: "What? Brother Qin, didn't you say you were released on bail last time, and let you come out first, why is it going to be in court again now!"
Fog Grass!Lawyer Qin wants to drop the phone, are you really stupid or are you pretending to be stupid, you don’t need money for bail, right?
He decided to show his cards. Being a lawyer sometimes has to be thick-skinned, otherwise he might starve to death someday.
"Wenfang, you haven't paid me yet, so I can't do this job."
Dong Wenfang opened her mouth wide, and she didn't expect the other party to speak so directly, there was no other way.
"Brother Qin, I've been so busy these days that I forgot about it. Why don't you come here? I'm in that Jingzhou hospital. I'll give you the address. Come over and we'll talk face to face."
After hanging up the phone, Lawyer Qin scolded secretly, but he drove directly to the hospital. If he has money, he will not be busy.
Twenty minutes later, the two finally met in the ward. Dong Wenfang hurriedly transferred the money first, and lawyer Qin felt relieved.
"What happened to your mediation? What did the other party say? We must speed up the progress!" Attorney Qin finally felt relieved after collecting the money, and asked.
"This is the lawyer Qin I want to ask you about. I went to find someone that day, but I haven't said anything yet. My... my son followed me secretly and stabbed him."
"Really, the switchblade is very short and nothing happened at all. As a result, people from the Guangming District Bureau today said that my son was suspected of intentional homicide, and a case has been filed!"
"He also said that he will be taken away for investigation when he recovers. What are you talking about? Don't tell me it was just pricked. My son is still a minor!"
"Why is this so troublesome now?"
Fang Zixuan's ears pricked up on the hospital bed when he heard this question, and he also wanted to confirm it from the lawyer.
It was all known on the Internet before...
What the hell?Attempted homicide?Lawyer Qin was stunned.
"No, Wen Fang, are you sure you filed the case for intentional homicide?"
"Yeah, what's the problem? You can't let a child go to jail, right? There's no reason for that."
"Oh, you guys, what do you think? Let me tell you, if your son is at this age, if he files a case of intentional homicide, he is likely to be sentenced, you know?"
"This is a heinous crime!"
Lawyer Qin looked at Dong Wenfang as if he was looking at a mallet.
A child is indeed a child, but the legal regulations are becoming more and more complete. It doesn't mean that you can do whatever you want with the name of a child.
Hearing this, Dong Wenfang and Fang Zixuan who was lying on the hospital bed were both stunned, especially Fang Zixuan, who was stunned right now.
I... may go to jail?
One turned over and sat up and shouted there: "What nonsense are you talking about, people said it on the Internet, we are minors..."
Lawyer Qin sighed and said, "Minors are not amulets, do you understand? What is said on the Internet is correct, so why do you need a lawyer?"
Fang Zixuan was silent, and sat blankly. Before, he was not afraid but felt that he was a minor, but now that he knew that he was going to jail, he immediately felt the weight of the law.
"No, no, I don't want to go to jail, Mom, I don't want to go to jail..."
Seeing the mother and son hugging and crying together, lawyer Qin shook his head and said, "Okay, I'll go first and get Haodong out first."
He didn't say a word, this family is really speechless.
From the couple to the children, it can only be said that they are indeed biological.
Lawyer Qin went to operate. Dong Wenfang held Fang Zixuan and cried for a long time. Now she has only one idea, her son must not go to jail!
But what to do...
After thinking about it for a long time, it seems that the only way is to expose.
Yes, my Zixuan is only 15 years old, and the other party is fine, why should he go to jail!
Dong Wenfang usually likes to watch those trending searches on Zhalang, so now she chooses Zhalang to post.
The headline is: Are kids going to jail now?
I am Fang Zixuan's mother. My Zixuan is 15 years old this year and will be in the third grade of junior high school soon. He has been sensible and obedient since he was a child...
The article is not long, that is to say, the son is still young, maybe because his father was arrested, so he couldn't think about it for a while.
But he didn't do anything, he stabbed the other person, and his ribs were kicked, and now the police didn't arrest the kicker, and even controlled his son.
He also filed a case for intentional homicide, and he may even go to jail.
And they don't do that in other countries.
He also said that people abroad are protecting their children and will never let their children go to jail. Why is it so cruel in China.
Finally, I appeal to everyone to pay attention to my son.
In short... it was written with both emotion and emotion, and it was definitely worthy of those "classic magazines" many years ago.
Everything is bad at home, everything is good abroad...
Full of joy, I posted the article up, and even sent it to many big Vs, hoping that they would help forward it and increase the popularity.
In Dong Wenfang's point of view, as long as the popularity and public opinion are high, no department dare to confront it.
As for other situations, she hasn't considered it. Do you think that a child should go to jail?
Under normal circumstances, it is difficult for this article to gain popularity, because there are too many similar small essays on the Internet.
However, what Dong Wenfang posted involved a Tengda company.
Therefore, the traffic will naturally exist.
Among Aite's big Vs, "Northern Wind Chui" was the first to notice this article. As a big V who was sued by a pretty guy when he purged the Internet, "North Wind Chui" is very concerned about Tenda's affairs.
But now... he's the kind who rubs the heat.
If you are accused, you will be accused. Anyway, it is only a civil infringement. On the contrary, it is fine to rub the heat.
After reading the entire article, Brother Beifeng wanted to laugh.
If this article had been published a few years ago, it might have aroused great public opinion, and even aroused discussions among some people in the legal profession.
But now, the eleventh amendment to the criminal law has come out...
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