Lawyer's character

"Come sit here and have a cup of tea!" Wan Kefa poured a cup of tea and handed it to Fang Yi.

"You asked me to come here, wouldn't you be a tea connoisseur?" Fang Yi said after taking the teacup.

"Assistant Feng and I went to see lawyer Qian Wenqian this morning." Wan Kefa said while making tea.

"Lawyer Qian is sick?" Fang Yi held up the tea cup and asked.

He and Qian Wen had handled a legal aid criminal case before, so they were familiar with each other, but they didn't have much contact with them.

"Well, her husband called me last night and said that she was depressed and asked for a few days off. Qian Wen worked for me as an assistant before and was very serious about her work, but she was too emotional and could easily be led by the person involved. To put it bluntly, Too soft-hearted.

She never understood that "poor people must be hateful, and hateful people must suffer sadly." I have told her this more than once, and advised her to be more open-minded and look at both sides of everything, but...

No, she had seen too many unfair things and too many dark sides of society over the years, and she couldn't deal with it and became depressed. "Wan Kefa said regretfully.

"This matter is indeed troublesome. You can only solve the heart lock yourself, others can't." Fang Yi sighed.

"His husband said he would find a psychologist for her and go there twice a week to treat her depression," Wan Kefa said.

"Will that thing work?" Fang Yi asked doubtfully.

"It works? Psychiatrists think that everyone is sick. In their eyes, there are no normal people. Do you think it works? Over time, they think that they are all sick." Wan Kefa said dismissively.

All right! Just be happy. Fang Yi saw that Wan Kefa looked like an old and angry young man, so he had to remain silent.

"What are Lawyer Qian's plans?" Fang Yi asked.

"Qian Wen is depressed now. Even if she has any plans, she has to get better later. His husband wants her to cancel her lawyer's license and take the public exam.

I think it would be good if she could take the public examination. She has not made much money as a lawyer for so many years, and she became depressed first. It seems that she is not suitable to be a lawyer. "Wanke Dharma.

"Well, you're right. I remember you said before that as a lawyer, you have to face the evil of human nature. If when facing evil, your mentality collapses, you can't stand it, you can't bear it, you can't bear to look at it, and you can't accept the reality. Cruel, it is better to stay in the ivory tower and feel comfortable.

Although there are black, white and gray in the ivory tower, it is always more tactful and softer than society. After all, many people regard themselves as intellectuals. Although they are both responsible and upright, they still have to consider their face. "Fang Yi said.

"Haha, Xiao Fang, don't be such an angry young man. Everything has its pros and cons. You have to think about it this way. Why is the demand for law increasing day by day? It's because there are too many people who are both responsible and independent.

In other words, they are the ones who give us the opportunity to make money. As long as we do our part, we don’t need to think too much about other things. Wan Kefa said with a smile: "You have to adjust your mentality." "

Uh... Just now I was thinking that you were an old angry young man, but in the blink of an eye you said that back to me! Is it possible that you can figure it out and know what I am thinking? Fang Yi looked stunned.

"Don't worry, I can carry it clean." Fang Yi said with an awkward smile.

"How is Mr. Wu's brother's case?" Wan Kefa asked Fang Yi, adding some tea.

"I have read the case file. In fact, it is similar to what Mr. Wu's brother said. The procuratorate charged him with intentional injury. However, judging from the facts of the case, I think it should be self-defense. I have been preparing for the trial these two days." Fang Yi said.

"It must be quite stressful!" Wan Kefa looked at Fang Yi with a smile.

"To be honest, criminal cases are stressful. After all, they are related to the defendant's personal freedom and even life. There are only a few decades in a person's life. Nowadays, society is developing so fast. If you are really locked up and come out again, you will definitely be out of touch with society.

Mr. Wu’s younger brother is now in his third year of high school. If he is really convicted of intentional injury (causing death), he will be sentenced to at least ten years in prison. Once he is imprisoned and released, the most critical points in his life have passed... What a pity. ! "Fang Yi said.

"Don't put too much pressure on yourself, just try your best." Wan Kefa comforted.

One morning a week later, the case of Wu Wen's intentional injury was opened. Because it was a public trial, the auditorium was full of people, most of whom were employees of Mr. Wu’s health center, including Mr. Wu.

Wu Wen, whose eyes were full of panic and uneasiness in the defendant's seat, listened quietly to the prosecutor reading the indictment.

"...The behavior of Sun Zhong (the owner of the foot massage parlor) and others in this case was seeking an opportunity to cause trouble. During the process of smashing the health center, the defendant Wu Wen stepped forward to stop him. During the process, the defendant used a baseball bat to hit the victim on the head. , causing the death of the victim.

We believe that the defendant Wu Wen violated the provisions of Article 234 of the Criminal Law. The criminal facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for the crime of intentional injury. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is initiated, the case shall be adjudicated in accordance with the law. complete. " said the middle-aged female prosecutor sitting at the head of the prosecutor's bench.

"Defendant Wu Wen, 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? What objections do you have?" the presiding judge asked with a stern face.

"I don't recognize the facts and charges of the accusation. I was acting in self-defense. It was Sun Zhong who brought people in to smash up my brother's health center. I fought back because they were the first to attack." Wu Wen was very emotional. If the bailiff hadn't stopped him, he would have stood up from his chair.

In fact, it's not surprising that Wu Wen was excited. He was young and energetic. Hearing the prosecutor only talk about his own affairs without mentioning the other party's injury to him was a bit biased. It would be strange not to be excited. It's good that he can still keep his mind clear at this time. After all, he is just a high school student who has not yet entered the society. If he were a timid person, he would probably be frightened by the prosecutor's momentum and cry bitterly on the spot.

"The public prosecutor can interrogate the defendant regarding the criminal facts charged in the indictment," the presiding judge said.

"Okay, presiding judge. Defendant Wu Wen, what were you doing when the crime occurred? What did you see?" the female prosecutor asked.

“I had a stiff neck that day, so I went to the health center to ask Master Zhao to help me rub my neck. Later, I heard something being smashed at the front desk, so I ran over.

I saw Sun Zhong standing at the front desk, and then a group of people rushed in with baseball bats and knives, smashing things and beating people..." Wu Wen recalled.

"What did you do?" the female prosecutor asked.

"A man ran towards me with a watermelon knife. I was frightened. I was slashed once on my arms and legs. I turned around and ran. He was chasing me from behind. I was afraid that he would chop me, so I ran inside as hard as I could. .

There was also a fight inside, and one of their men dropped his baseball bat, which happened to be not far from me. My mind went blank at that time, so I picked up the baseball bat and swung it behind me.

The man who was chasing me blocked it with his hand, and the knife in his hand was knocked away by me. Later, he rushed towards me again. I was so scared that I closed my eyes and swung the baseball bat hard. I felt it hit him at that time. Later I found out that it hit his head, and then he fell to the ground. "Recalling the situation at the time of the crime, Wu Wen's eyes were full of panic and his heart was beating with fear.

"Presiding judge, I'm done asking." the female prosecutor said.

"Does defendant Wu Wen's defender need to ask questions to the defendant?" The presiding judge looked at Fang Yi.

"A question needs to be asked. Defendant Wu Wen, do you know who brought the person who rushed in from the door and smashed him?" Fang Yi asked.

"It was Sun Zhong. He came in first and deliberately broke the lucky cat at the front desk to cause trouble. Everyone who came in later listened to him and it was he who asked to smash it. Wu Wendao.

"What was your reaction? Was anyone injured?" Fang Yi asked.

"I was at the door with two employees at the time. We were all frightened. As soon as the gang came in, they knocked down the two employees and I was also injured." Wu Wendao.

"Presiding judge, the defender has finished asking questions." Fang Yi said.

"The following is the presentation of evidence and cross-examination. Do the prosecution and defense parties and the defendant have any new evidence that needs to be submitted?" the presiding judge asked.

"There is no new evidence." All three parties said.

"The prosecutor will present the evidence below," the presiding judge said.

"The first piece of evidence, the forensic identification report, proves that the cause of death of the victim was severe craniocerebral injury." The female prosecutor took out an identification report and said.

"Does the defendant Wu Wen have any objection to the evidence presented by the prosecutor? What objection does he have?" asked the presiding judge.

"No objection." Wu Wen said. Now he is in a state of confusion, his mind is blank, and he doesn't know what will happen next.

"What opinions does the defendant's defender have on the evidence presented by the prosecutor?" the presiding judge asked.

"No objection." It is a fact that the person is dead, and there should be no problem with the forensic identification results, so Fang Yi did not raise any objection.

"The second piece of evidence is a baseball bat. The defendant's fingerprints were on the baseball bat. The blood stains on it were identified as belonging to the victim, proving that the baseball bat was the defendant's tool for committing the crime." said the female prosecutor.

Defendant Wu Wen and defense lawyer Fang Yi both recognized the evidence and raised no objections.

"The third piece of evidence is the surveillance video of the health center. This surveillance video clearly recorded the chase scene between the victim and the defendant, as well as the process of the defendant's murder. It proves that the victim was hit by the defendant Wu Wen with a baseball bat. The head is dead." After the female prosecutor finished speaking, the presiding judge asked the clerk to play the surveillance video of the health center in court.

"Does the defendant Wu Wen have any objection to the evidence presented by the prosecutor?" the presiding judge asked.

"No objection." Wu Wen shook his head.

"What opinions does the defendant's defender have on the evidence presented by the prosecutor?" the presiding judge asked.

"I have an opinion. The first half of the surveillance video shows that six people rushed into the health center with baseball bats and knives. They injured two employees of the health center as soon as they entered the door, and then began to chase and beat the defendant.

This evidence can prove that the defendant Wu Wen fought back and beat the victim to death when his life was threatened, and his behavior should be considered legitimate defense. "Fang Yi said.

"The prosecutor continues to present evidence." The presiding judge continued after the clerk finished recording.

…

“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. "The chief judge said.

"Presiding Judge, Judge: We believe that the behavior of the victim and others in this case is seeking trouble. The victim did not go to the store with the purpose of killing. He only smashed the items in the store and did not cause harm to the life safety of the employees in the store. , the injured employee had only minor injuries.

The defendant Wu Wen beat the victim to death during the counterattack. His behavior clearly exceeded the necessary limits of legitimate defense, which resulted in serious consequences of the victim's death.

Therefore, we believe that the defendant committed the crime of intentional injury. In view of the fact that the victim also had certain faults, the defendant truthfully confessed after being brought to justice, and it was a crime of passion. We recommend that he be sentenced to fifteen years in prison. "The female prosecutor said.

As soon as he finished speaking, there was an uproar in the auditorium. Everyone felt that the prosecutor's recommended sentence was too harsh and that the defendant Wu Wen should not constitute a crime. The presiding judge had to bang his gavel to maintain order in the courtroom.

"The defendant Wu Wen will defend himself," the presiding judge said.

When Wu Wen heard that the prosecutor's office recommended that the court sentence him to fifteen years in prison, he was stunned and tears could not stop rolling in his eyes. At this time, he was already upset and kept repeating that he did not commit a crime. The presiding judge forcibly interrupted his defense.

"The defendant Wu Wen's defender will give his defense opinion below," the presiding judge said.

"Presiding judge, judge: The defender believes that the actions of the victim and others fall into the category of 'other violent crimes that seriously endanger personal safety' stipulated in Article 20, Paragraph 3 of the Criminal Law. Wu Wen's actions are legitimate defense, which resulted in If the victim dies, it does not constitute excessive defense and he shall not be held criminally responsible. The reasons are as follows:

1. The victim and others were instructed by Sun Zhong to rush into the health center and smash it, which belongs to "other violent crimes that seriously endanger personal safety."

To determine whether an unlawful infringement belongs to 'other violent crimes that seriously endanger personal safety' as stipulated in Article 20, Paragraph 3 of the Criminal Law, a comprehensive judgment should be made based on the degree of violence, the degree of danger and the intensity of punishment imposed by the criminal law, and should Take the criminal forms of homicide, robbery, rape, kidnapping and other crimes listed in this article as a reference.

In this case, the behavior of the victim and others who rushed into the health care center and smashed it was a unilateral armed gang fight. Article 292 of the "Criminal Law" stipulates that anyone who gathers a crowd to fight and causes serious injury or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law, that is, he shall be charged with the crime of intentional injury. and conviction and punishment for intentional homicide.

The reason why the Criminal Law stipulates this is because crowd fighting often causes serious injury or death to others. In other words, to a certain extent, the degree of violence and danger of crowd fighting is consistent with the crime of intentional injury and intentional homicide.

In this case, Sun Zhong instigated the victim and others to gather together to fight with highly lethal tools such as baseball bats and knives, and injured three people as soon as they entered the door. His behavior should be determined to be "other violent crimes that seriously endanger personal safety."

2. Wu Wen’s behavior was defensive in nature.

Although there is a business competition between the health care center and Sun Zhong's foot spa, the health care center has no intention of fighting. From the surveillance video submitted by the prosecutor, it can be seen that the fight in this case was initiated by Sun Zhong, and the fight took place in the fitness center, so the offensive and defensive relationship between the two parties is very clear.

Sun Zhong gathered the victim and others to rush into the health center and fight, which was an ongoing illegal infringement. Wu Wen was acting in self-defense without any precautions. Therefore, Wu Wen's behavior should be considered self-defense.

3. Wu Wen’s behavior does not constitute excessive defense and should not bear criminal responsibility.

The joint infringement behavior of the victim and others in this case seriously endangered the personal safety of the staff in the health center. According to the surveillance video, the victim was much stronger than Wu Wen, and had a knife in his hand. He had been chasing and slashing the defendant Wu Wen. His behavior It is enough to endanger the personal safety of the defendant and the employees in the health center.

When Wu Wen was being chased and hacked, in order to protect himself and the store staff's personal safety, he had no choice but to pick up a baseball bat on the ground and fight back, resulting in the death of the victim. The defendant Wu Wen's behavior did not exceed the necessary defense limit. It is an excessive defense.

To sum up, the defender believes that according to the provisions of Article 20, Paragraph 3 of the Criminal Law, Wu Wen’s behavior does not constitute excessive defense and should not bear criminal responsibility. Please court the court to rule in accordance with the law: defendant Wu Wen is not guilty. complete. "Fang Yi said.

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

“Presiding Judge, Judge: In response to the defender’s defense, our response is as follows:

According to the surveillance video, Sun Zhong and the victim mainly smashed items after entering the health care center. There were no criminal acts such as murder, robbery, rape, kidnapping, etc. The employees in the health care center were only slightly injured. It is not fatal and there are no serious injuries. Their behavior is more consistent with the characteristics of seeking trouble.

We believe that the unlawful infringement should reach a certain degree of seriousness, that is, causing serious injury or death to others, otherwise special defense cannot be established. Therefore, Wu Wen, the defendant in this case, should be punished for the crime of intentional injury. ” argued the female prosecutor.

"Defendant Wu Wen's defender can respond to the prosecutor's opinions," the presiding judge said.

"Presiding judge, judge:

The defender believes that when judging whether the behavior of the victim and others constitutes "other violent crimes that seriously endanger personal safety" as stipulated in Article 20 of the Criminal Law, in addition to the judgment standards previously mentioned by the defender, the following aspects should also be considered The problem:

First, the object of illegal acts is personal safety, which endangers people’s rights to life, health and other rights. Other rights such as property rights are not included. This is an important difference between special defense and general defense.

In this case, not only the property rights of the health center were violated, but the personal safety of the staff was also violated. In addition to the defendant, three employees were slightly injured. If the police had not arrived in time, more employees would have been injured. It can be seen that the behavior of the victim and others has endangered personal safety.

Second, the illegal conduct must be violent and should reach the level of a crime.

The murder, robbery, rape and kidnapping listed in Article 20, Paragraph 3 of the Criminal Law should be understood in a broad sense, that is, they should include criminal acts that use such violence as a means to commit other crimes.

In this case, the victim and others armed with baseball bats and knives smashed the health center. In the process of chasing and slashing the defendant, the victim’s behavior had violated the defendant’s personal safety. It can be seen from the surveillance video that the victim The defendant's pursuit and slashing behavior was very vicious. If it was just to frighten the defendant, there would be no need to be so harsh. The purpose was obviously to cause serious harm to the defendant, and his behavior was violent. If it is not stopped in time, the consequences will be disastrous.

Third, the illegal infringement must reach a certain degree of severity.

Generally speaking, what constitutes special defense needs may result in serious injury or death to others. However, whether the perpetrator's unlawful infringement has caused actual harm does not necessarily affect the establishment of special defense. In judicial practice, special defense can also be implemented if the perpetrator poses a serious threat to the personal safety of others.

In this case, the defendant was bare-handed, while the victim was holding a watermelon knife. During the process of being chased and slashed, the defendant's personal safety had been seriously threatened, and there was a possibility of serious injury or even death. The significance of special defense is to prevent serious personal safety problems. Of course, the defendant cannot wait until the result of injury occurs before he can defend himself. As long as there is a possibility of serious injury, the defendant can implement special defense against the victim's attack.

At the time of the incident, the watermelon knife was knocked out of the victim's hand, but he did not run away. Instead, he rushed up and tried to snatch the baseball bat. If the victim succeeded, it was likely to cause serious injury or death to the defendant.

It can be seen that the victim's behavior has posed a serious threat to the personal safety of the defendant Wu Wen, and Wu Wen's behavior can constitute special defense.

To sum up, the defendant Wu Wen acted in legitimate defense against a violent act that was causing great danger to his personal safety and should be innocent. complete. "Fang Yi responded.

…

After a ten-minute adjournment, the collegial panel members exited the courtroom. Fang Yi took two sips of mineral water and began to pack away the items on the table. Because there were so many people watching, bailiffs walked around the court to prevent accidents.

Ten minutes soon came and the members of the collegial panel entered the court again. At the request of the presiding judge, the defendant Wu Wen was brought into the court by the bailiff.

“…In response to the opinions of both the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

... In summary, according to the provisions of Article 20, Paragraph 3 of the Criminal Law of the People's Republic of China, the defendant Wu Wen's behavior was self-defense and he was not criminally responsible. The verdict: Wu Wen is not guilty. "After the presiding judge finished speaking, he looked at Wu Wen standing below.

After being stunned for a moment, Wu Wen suddenly burst into tears. He lowered his head, shrugged his shoulders, and cried excitedly. He was crying and wiping his tears. The great joy after the great tragedy made him a little overjoyed and made him feel haggard.

After the verdict was announced, everyone in the auditorium looked relaxed and rushed to congratulate Wu Wen. Mr. Wu walked over to Fang Yi.

"Lawyer Fang, thank you! Don't leave today. I want to celebrate my brother tonight, and you must be there. I have reserved a private room." Mr. Wu said with a happy face.

"Okay, I'll listen to you." Fang Yi has no plans for these two days, so it doesn't hurt to stay one more day.

After the verdict was announced, Fang Yi thought that the procuratorate would protest and he could earn another attorney's fees. However, who knew that the criminal verdict had already come into effect and he did not wait for the notice of protest. Of course, this is all for later.

After Mr. Wu invited Fang Yi to lunch, he sent him back to the hotel. At around six o'clock in the evening, he sent someone to pick him up. In a well-known local restaurant, everyone exchanged glasses, and Fang Yi drank a lot.

Early the next morning, Mr. Wu personally took Wu Wen to take Fang Yi to the train station. Mr. Wu had already booked the ticket. Before Fang Yilin got on the train, Mr. Wu stuffed him with a big red envelope.

After the train started, Fang Yi sat in the business seat, took out the big red envelope and took a look at it. The thick stack contained ten thousand yuan. Mr. Wu is so generous!