Lawyer's character

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment," the presiding judge said.

"Okay, presiding judge. Defendant Li Xibin, what did you do on the day of the crime?" the prosecutor looked at the dock and asked.

"I went to Zhao Dongtian to ask for freight, and he asked me to give him a few more days. I told him to go to my room to talk, and he got in my car. Zou Yu and I sat on either side of him, and then Tian Yi left The car drove out of the city," Li Xibin said.

"How did the victim react?" the prosecutor asked.

"He was about to get out of the car, but Zou Yu took out a knife, put it on his neck, told him to be honest, and then gave him a hibernation injection." Li Xibin said.

"How many injections did you give the victim in total?" the prosecutor asked.

"Five needles." Li Xibin said.

"Did you pay attention to the contraindications and dosage of hibernation injections when you gave them?" the inspector asked.

"Zou Yu found the hibernation needle at that time and kept it. I didn't ask how it was used." Li Xibin said.

"What happened next?" the prosecutor asked.

"We put Zhao Dongtian in the vegetable cellar in the backyard of the car park. He didn't wake up at that time, so we thought the hibernation injection was not strong enough, so we left him alone.

Zou Yu called me the next day and told me that he was dead. "Li Xibin said.

"How did you dispose of the body?" the prosecutor asked.

"We dismembered his body and put it in oil drums, and then took it to the wilderness and buried it." After speaking, Li Xibin lowered his head.

"Presiding judge, we have finished asking questions," the prosecutor said.

"The defender of the appellant Li Xibin asked a question," the presiding judge said.

"Appellant Li Xibin, what is the relationship between you and the victim Zhao Dongtian?" Fang Yi asked.

"We have a cooperative relationship. My team pulls steel bars and plates for his company. We have been working together for more than three years," Li Xibin said.

"How much freight does the victim owe you?" Fang Yi asked.

"Eight hundred and sixty-four thousand yuan." Li Xibin said.

"Does the victim Zhao Dongtian agree with the amount of freight owed?" Fang Yi asked.

"Agreed, we have reconciled the accounts, and he has written an IOU to me. Every freight payment can be checked," Li Xibin said.

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

His purpose was very simple, that is, he wanted to tell the judge of the collegial panel that this case was caused by the defendant Li Xibin's recovery of legal debts and was not a kidnapping at all.

"The investigation on the defendant Li Xibin is over. The bailiffs took Li Xibin out of the court. They took the defendant Zou Yu into the court." The presiding judge said.

Fang Yi can take a breath for the time being, and the next step is Lawyer Song's work. After the investigation of Zou Yu was completed, the bailiff took Zou Yu out of the court again, and the defendant Tian Yi was brought into the court and began to undergo court investigation.

Then came the evidence and cross-examination session. Because the defendants acknowledged the facts of the case and no new evidence was submitted, the evidence and cross-examination ended quickly.

"The court investigation is over and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

First, the appellant Li Xibin will defend himself. "The chief judge said.

…

"The defender of the appellant Li Xibin has spoken." the presiding judge said.

"Presiding judge, judge: Before issuing defense opinions, please allow the defender to express his deep condolences to the victim's family. (The defense opinions will definitely be unpleasant to the ears of the victim's family, so it is necessary to communicate emotions first)

The defender believes that defendant Li Xibin’s behavior does not constitute the crime of kidnapping and should be deemed as illegal detention. The reasons are as follows:

In order to recover the victim's legal debt owed to him, the defendant used hibernation needles to illegally detain the victim Zhao Dongtian in the vegetable cellar of his motorcade, which resulted in the death of the victim Zhao Dongtian. During the illegal detention of the victim, the defendant Li Xibin did not commit any violent act against Zhao Dongtian that could lead to his disability or death.

According to the evidence in the case and the expert appraisal conclusion, the hibernation spirit injected by the defendant into the victim was not enough to cause the victim's death. The victim's death was the result of various comprehensive factors, including drug reaction, the victim's water-salt electrolyte disorder, and hypoglycemia. , vegetable cellar lack of oxygen and other factors.

It can be seen that the defendant Li Xibin in this case illegally detained and detained others in order to collect debts. During the illegal detention process, in order to prevent the victim from resisting, he could not bring him back safely and forcibly injected him with "Hibernation Spirit". Although the victim died, There was no subjective intention to wish or allow the victim to die.

The victim's death occurred due to the defendant's negligence. Therefore, the defendant's behavior complies with the constituent elements of the crime of illegal detention in Article 238 of the Criminal Law. It caused death during the illegal detention and should be classified as the crime of illegal detention.

The defender recommended that defendant Li Xibin be sentenced to ten years in prison and asked the court to change the sentence in accordance with the law. "Fang Yi said.

"The prosecutor will now speak," the presiding judge said.

"Presiding Judge, Judge: We believe that the facts determined by the court of first instance are clear, the characterization is accurate, and the sentence is appropriate. We ask the court to reject the defendant's appeal in accordance with the law. Over." The prosecutor said.

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

"Okay, in response to the defender's defense, we make the following comments:

In this case, the defendant kidnapped another person and caused his death. Although the defendant did not have direct intention, he had indirect intention and allowed the death of the victim to occur. Therefore, defendant Li Xibin’s behavior constituted the crime of kidnapping. complete. "The prosecutor said.

“The defender can respond to the prosecutor’s opinions,” the presiding judge said.

“Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

Defendant Li Xibin’s act of kidnapping others in order to recover legitimate debts should be charged with illegal detention and does not constitute kidnapping. The reasons are as follows:

Article 238 of the Criminal Law stipulates that illegal detention of others or illegal deprivation of personal freedom of others by other methods shall constitute the crime of illegal detention.

Article 239 stipulates that kidnapping another person for the purpose of extorting property or kidnapping another person as a hostage constitutes the crime of kidnapping.

It can be seen from the above provisions that the crime of kidnapping is the act of kidnapping another person by using violence, coercion or other methods for the purpose of extorting property or taking hostages. The crime of illegal detention is the act of illegally depriving others of their right to personal freedom through illegal detention, confinement or other methods.

There is no qualitative difference between the crime of kidnapping and the crime of illegal detention in the method of depriving others of their personal freedom. Both can use violence, coercion or other methods; the crime of illegal detention can also be constituted by kidnapping. The two crimes are basically the same in terms of spatial characteristics. It can be to stay where he is, or to take the victim away from his original location.

In recent years, in judicial practice, there have been many cases of "kidnapping and debt collection" infringement of citizens' personal rights caused by disputes over creditor's rights and debts. That is, in order to recover legitimate debts, the debtor or his relatives are forcibly detained and the debtor's relatives are coerced. Or the debtor fulfills his debt repayment obligation and commits the crime of 'exchanging money for people'.

In this case, the defendant Li Xibin and others illegally detained the victim in order to demand legal debts. Although the illegal detention behavior of the defendant Li Xibin and others is very similar in form to the kidnapping behavior for the purpose of extorting property, there are essential differences:

First of all, the purpose of the crime is different. The crime of kidnapping is for the purpose of extorting property; the crime of illegal detention is for the purpose of recovering legitimate debts, and the crime of detaining the debtor is used as a means to repay the debt.

Secondly, the criminal objectives are different. In the crime of kidnapping, the kidnapped person generally has no fault himself and is an unspecified person; while in the crime of illegal detention, most of the kidnapped persons have certain faults themselves, that is, if they fail to repay the debt, the crime is Generally, the kidnapped person can only be the debtor himself or his close relatives.

In this case, the defendant Li Xibin kidnapped the debtor for the purpose of extorting legal debts, which complied with the provisions of paragraph 3 of Article 238 of the Criminal Law, "Illegal seizure and detention of others for the purpose of extorting debts", and the nature of his behavior should be illegal detention , rather than kidnapping.

To sum up, the defender believes that defendant Li Xibin committed the crime of illegal detention, not kidnapping. complete. "Fang Yi said.

With Fang Yi proofreading in front, Lawyer Song and Wang Yong referred to his opinions and expressed their defense opinions one after another. The three have discussed the defense plan before. Although each defendant's defense words are slightly different, the general direction is the same.

…

"...Please ask the bailiff to bring the defendants Li Xibin, Zou Yu, and Tian Yi to court. This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court The analysis is as follows:

In order to recover their debts, the appellants Li Xibin, Zou Yu and Tian Yi adopted kidnapping methods and illegally detained the debtor Zhao Dongtian, causing him to lose his personal freedom. In order to control Zhao Dongtian, Li Xibin and others injected him with hibernating spirit many times. After forensic identification, there was no sufficient basis to prove that Zhao Dongtian died directly from the injection of hibernating spirit. Therefore, his actions constituted the crime of illegal detention.

This court adopted the appeal grounds and defense opinions submitted by Li Xibin, Zou Yu, Tian Yi and their defense lawyers that the actions of the three defendants constituted the crime of illegal detention and did not constitute the crime of kidnapping.

In accordance with the provisions of Article 189, Item (2) of the Criminal Procedure Law and Article 238, Paragraphs 2 and 3 of the Criminal Law, the verdict is as follows:

1. Revoke the Criminal Judgment No. 18 of the Municipal Intermediate People’s Court;

2. The appellant Li Xibin was convicted of illegal detention and sentenced to fifteen years in prison and deprived of political rights for four years;

3. The appellant Zou Yu was guilty of illegal detention and was sentenced to fifteen years in prison and deprived of political rights for four years;

4. The appellant Tian Yi was guilty of illegal detention and was sentenced to ten years in prison and deprived of political rights for two years. "The presiding judge pronounced the verdict.

After hearing the verdict, Li Xibin relaxed his nervousness and walked around in front of the King of Hell's Gate. He almost reincarnated. This gave him a new understanding of life. If he was asked to choose between money and life again, He would choose life without hesitation. After all, without a guy to eat, he would not be able to enjoy it no matter how much money he had. Now he was facing fifteen years of imprisonment, and he finally felt that he deserved what he deserved.

Zhao Dongtian's family has long been settled by Li Xibin's brother with money. Although Zhao Dongtian is gone, his wife and children are still there. People cannot be resurrected after death, and the living must continue to live. His wife cannot make money alone. How much money is there? With the compensation, the family will not have to worry about food and drink, and the children's future college tuition will also be paid. Zhao Dongtian's wife has gained some comfort in her soul.

At the defense table, Fang Yi and Lawyer Song were fine. They congratulated each other on their successful defense and were in good moods. Wang Yong felt a little uncomfortable in his heart. After joining the team, he heard about Fang Yi's name, and he was promoted to a partner of Wanhua United Law Firm in just over a year. He felt somewhat envious and envious. jealous.

Now he realizes the gap between himself and Fang Yi. No wonder he is famous in the industry and he does have some abilities. He couldn't help but sigh in his heart: How can he be bright when he is born with Yu? In fact, he thinks too highly of himself. His professional level is even lower than that of Lawyer Song, so how can he compare with Fang Yi?

After leaving the court, Fang Yi called Mr. Li, briefly explained the trial, and told him the verdict. Mr. Li just replied that he understood and hung up the phone. Fang Yi couldn't figure out whether Mr. Li was satisfied or dissatisfied with the result of his defense. This is the end of the matter, that's all it can do.

It was already 3:30 in the afternoon when everyone walked into the restaurant. After having lunch and resting all afternoon, everyone got on the train home early the next morning.

When Fang Yi appeared again in the office of Wanhua United Law Firm with his briefcase in hand, Wan Kefa walked in with a smile.

"Xiao Fang, you did a great job! Mr. Li from Guangyao Group has promised to sign a legal advisory agreement with us in September." Wan Kefa then placed a black leather bag on Fang Yi's desk.

"Lao Wan, what does this mean?" Fang Yi glanced at the bulging leather bag and asked.

"Mr. Li is true to his word. This is a reward of 100,000 yuan for you." Wan Kefa said with a smile.

"Don't you want a kickback?" Fang Yi joked.

"Oh, old man, why do you think I haven't seen money? When I was making money, you didn't see it. There was money everywhere in my cabinet, drawers, and under the bed. It was a mess at home.

My mother helped me clean up the house, and I spent more than 200,000 yuan at once. Life was really good at that time. Although it was not as rich as it is now, I was young at that time, and youth was everything..." Wan Kefa's eyes were a little blurred, as if he was looking back at those years in the distance.

"Yes, it's great to be young. It seems like all my youth was given to college. Apart from writing papers and researching information, I drank and played cards. I didn't do anything serious. It was all wasted!" Fang Yi said with emotion.

"This makes sense, as if no one's youth has been wasted. Isn't youth meant to be squandered?" Wan Kefa curled his lips and said.

"What you said is wrong. People often say: Old people should be frivolous, young people should be steady! Why is it a waste of youth to come to you. You have to instill positive energy in us." Fang Yi said with a smile.

"Don't listen to their nonsense. The person who said this must be a nerd. Youth should look like youth. Is it interesting to act like an old man all day long? I want to be frivolous now. I have old arms and legs. How can you be so frivolous!

Okay, I’m treating you to a guest on Friday night. Let’s go to the Modern Agricultural Sightseeing Park. We’ve already booked it. We’ll stay overnight and come back the next afternoon. One is to celebrate your return with victory, the other is to celebrate that our team has signed another major customer, and the third is that we haven’t had a dinner together for a long time, so let’s have a team building session. "Wan Kefa said with a smile.

Please ask for monthly votes, recommendation votes, and collections! Thank you book friends for your strong support!