Lawyer

Chapter 1018 Chapter 1074 Chapter 1075 Unbelievable

"This is how the case happened. Do you have anything to ask?" Song Hui looked at everyone.The trainee lawyer under him has written the main information of the case on the whiteboard for everyone to see.

"Lawyer Song, you mean that the defendant Gong Da ignited natural gas in an attempt to commit suicide, but the defendant standing in the center of the explosion survived, but killed the people in the corridor outside the house, is that so?" Cao Yongzheng asked curiously.

"Yes, that's what it means. It's true." Song Hui nodded.

"Why is this happening? Is there a mistake?" Cao Yongzheng felt that this was a bit unbelievable.

Not only him, but other people in the room also found it incredible. From a normal person's perspective, this was unscientific.Why were the people standing at the center of the explosion alive, but the people outside the door were killed?

"Also, why did it blow through the bedroom floor? Shouldn't it blow through the kitchen floor? After all, the center of the explosion was in the kitchen, not the bedroom. Is there something hidden in it?" Yun Qiao asked.

"Yes, Lawyer Song, this is incredible. Has anyone raised this question during the trial?" Li Mingbo also asked.He thinks this is a point, maybe something can be dug out.

“When the trial was held on this issue, the prosecutor invited experts to appear in court to explain.

According to experts' explanations, natural gas explosions do have the characteristic that the location farther away from the explosion point is damaged but more serious. The fire point where the explosion is triggered is often not violent, and the shock wave can form a more violent explosion at a farther distance through transmission. It is said that this phenomenon exists in a large number of actual cases, but the specific principle of this phenomenon has yet to be studied, and experts do not understand it.

According to experts, although the explosion occurred in the kitchen, it caused more serious damage in the bedroom and outdoors, which was consistent with the characteristics of a natural gas explosion.

According to the evidence on file and related arguments, it can be determined that the two explosions in Room [-] and Room [-] were caused by the natural gas released by the defendant Gong Da.

I checked on the Internet, but in judicial practice, there are not many cases where the intentional release of natural gas caused an explosion and constituted a crime, so there is not much experience that can be used for reference. "Song Hui explained.

"This question is indeed too professional, beyond the understanding of ordinary people. So I can only listen to experts. After all, such cases are not common." After Meng Guangda finished speaking, he turned to look at Fang Yi: "Lawyer Fang, what do you think?"

"Well, I think we don't have to worry about this issue. After all, we are not experts in natural gas. Do you have any other questions?" Fang Yi said.

"This is what I think. It usually takes a certain amount of time from the release of natural gas to the damage to other people's personal property, including the long-term release of natural gas, the indoor natural gas reaching a certain concentration, the natural gas being ignited, the explosion caused during the combustion process, and the explosion causing personal injury. A series of links such as property loss.

Natural gas is a flammable and explosive gas used daily, and the time of explosion is the time when every household is preparing to cook. There may be multiple users using natural gas before the explosion.

Before determining that the natural gas that caused the first and second explosions came from the defendant's intentional release of natural gas, the possibility of the explosion caused by leakage of natural gas from other users should be ruled out. " A female lawyer named Ji Hongying who transferred with Li Mingbo said suddenly.

This lawyer Ji Hongying is one of the three senior lawyers mentioned by Li Mingbo. He has practiced for five or six years, and he usually has a very low sense of presence and is relatively quiet.Her speech today caught Fang Yi's attention. He didn't expect Ji Hongying to think so carefully.

"I think what Lawyer Ji said makes sense. We can use the elimination method to see if we can eliminate all reasonable doubts. Although the court has already made a ruling, but if we go over it again, we might be able to find some doubts that were missed. ." Fang Yi affirmed Ji Hongying's speech. New lawyers who join the team need encouragement. No matter what they say is right or wrong, just putting forward opinions is the first step to integrate into the team. It is better than sitting still and saying nothing.

"Let me talk about my thoughts. It is very important whether the small-scale explosion that occurred upstairs and the large-scale explosion in the defendant's home were all caused by natural gas leaking from the defendant's home. It involves conviction and sentencing.

Is it possible that at the same time, there may be natural gas leaks in the residents upstairs or other residents? In addition, may other flammable and explosive substances explode and cause natural gas to burn. "Du Yong leaned on the sofa and touched his chin and said. After speaking, he looked at Song Hui.

Only the lawyers participating in the trial have the right to speak on such issues, because other people have limited knowledge of the case and are not familiar with it at all.

"This possibility is unlikely. The evidence in the case is sufficient to determine that the two explosions were caused by natural gas leaking from the defendant Gong Da's home. His act of cutting the natural gas hose with a knife to release the natural gas has a causal relationship with the two explosions. The main evidence includes:
301. The evidence on file shows that the first explosion in Room 201 was caused by natural gas released from Room [-] where the defendant Gong Da lived.Evidence includes:
1. The defendant Gong Da's statement that he cut off the natural gas hose at home at around 301:[-] that day, and a large amount of natural gas had leaked when the explosion occurred at [-] upstairs.

According to the identification of the appraisal agency, there are large gaps between the gas pipes and water pipes of the two-story building and the floor, and the natural gas released in Room 201 can diffuse to the kitchen in Room 301 through the gap.

2. The testimonials of the residents in Room 301 confirmed that natural gas was used normally in their home. When the explosion occurred, they were cooking. The explosion occurred one or two minutes after ignition, and no other abnormalities were found.

The technical personnel of the public security organ inspected the kitchen of Room 301 during the on-site investigation and found that the natural gas related equipment was normal.

Based on these two reasons, the possibility of natural gas leakage in the kitchen of Room 301 can be ruled out. The natural gas that permeated the kitchen of Room 301 and caused the explosion can only come from Room 201 downstairs.

The phenomenon that the kitchen stove in Room 301 exploded after one or two minutes of ignition is also in line with the characteristics of natural gas combustion and explosion.According to experts, after ignition, the concentration of natural gas around the gas stove was not high, so no explosion occurred. With the infiltration of leaked gas downstairs, the concentration of natural gas in the air near the flame reached a critical point, and an explosion would occur.

201. The second explosion occurred in Room [-] and was caused by the defendant Gong Da turning on the light and igniting the leaking natural gas in the kitchen.Main evidence:
1. On-site inspection and inspection records confirmed that the natural gas hose in the kitchen of Room 201 was cut off and the fracture was fresh. The explanatory materials issued by the gas company confirmed that the gas consumption of the household increased sharply in the month when the incident occurred, indicating that the natural gas hose of the household was artificially Cut off, resulting in a large amount of natural gas leakage.The above situation and Gong Da's confession of cutting off the natural gas hose with a knife in order to commit suicide can be mutually confirmed.

2. The security door and door lock of Room 201 were bent from the inside out, and the upper and lower floors of the bedroom were blown through. The appraisal also confirmed that the residual components of natural gas explosion combustion were detected on the mirror fragments extracted from the room, indicating that something had happened in this room. A violent natural gas explosion caused a strong shock wave that spread to the surrounding area.

The anti-theft door of Room 202 where the dead victim Deng Chunji lived was bent from the outside to the inside. There were many places in the room where there were signs of displacement and damage caused by gas shock waves, but there were no traces of burning. .

3. The physical and chemical inspection report confirmed that the same substance as the orange-yellow attachment left in the kitchen was detected from Gong Da's body. The appraisal opinion confirmed that the ignition source of the explosion was the spark from the kitchen light switch. The plot of the explosion when the lights are on confirms each other.

To sum up, it can be basically ruled out that there is a natural gas leak from the upstairs residents or other residents mentioned by Lawyer Du just now, and that there are other flammable and explosive substances that explode and cause natural gas to burn and explode. " Lawyer Song said.

After everyone heard about it, they fell into deep thought. The main reason was that everyone had never been in contact with this kind of case, and they didn't know where to start. It was like a tiger catching a hedgehog and wanted to have a good meal, but couldn't find a place to talk.

"Generally, a natural gas explosion must reach a certain concentration, which is what experts call the critical point. It takes about two hours from the release of natural gas to the explosion. Can this time allow the indoor natural gas to reach the explosive concentration and produce Such destructive power?" Fang Yi picked up the teacup, looked at the heat rising in the cup, and suddenly turned to look at Song Hui.

"The experts who appeared in court at the time also explained this issue.

According to experts, when the content of natural gas in the air reaches a certain percentage (generally 5%-15%), it will cause an explosion. However, the total amount of natural gas released after the defendant cut the rubber hose at that time cannot be accurately calculated.

According to experience, two or three hours after the release of natural gas, it is sufficient to reach an explosion concentration. Room 201 has a building area of ​​40 square meters (the actual usable area is unknown), and based on the usual floor height of 2.8 meters in this type of house, considering that indoor facilities, furniture, supplies, etc. still occupy a certain volume, the actual volume that can accommodate gas is obviously less than 90 cubic meters rice.

The gas meter in the room showed a maximum release volume of 4 cubic meters per hour. According to Gongda, the interval between cutting the hose and the second explosion was about two hours, and about 8 cubic meters of natural gas could be released.

Considering that it was winter, the windows were closed, and the room was well sealed, theoretically, if there is no leakage of natural gas, the indoor concentration would be 8.9% (the total indoor volume is calculated as 90 cubic meters).

Taking a step back, even if part of the natural gas leaked upstairs, considering that the actual volume of the gas contained in the room is less than 90 cubic meters, and the gas concentration in the kitchen may be relatively high, it is determined that the natural gas concentration in the room when the explosion occurred, at least the local concentration, There is no obvious contradiction between the explosive critical point and scientific common sense.

In other words, without the participation of other flammable and explosive substances, the natural gas in the room is sufficient to burn and explode after encountering an electric spark.

Although the calculations of the above-mentioned experts are not precise, they are still very helpful in explaining the cause of the explosion in the absence of contrary evidence, and the credibility is relatively high.

In addition, the on-site investigation and relevant technical appraisal submitted by the procuratorate showed that there were no traces of explosions of flammable and explosive substances other than natural gas at the scene. "Song Hui said.

After listening to Song Hui's words, everyone stopped chanting completely. This case must be caused by the burning of natural gas, which led to an explosion that resulted in the death of one person, minor injuries to several people, and a large amount of property damage.

"The sentence in this case is the death penalty, and it has been submitted to the Supreme Court for approval." Seeing that everyone stopped talking, Song Hui felt a sense of powerlessness in his heart.It seems the case is dead.

"Judging from the facts of the case discussed just now, the defendant in this case did constitute the crime of endangering public security by dangerous means, and there is no problem with conviction. The key now is sentencing.

I personally think that there is a certain difference between this case and the behavior of using dangerous methods to endanger public safety for the BF society.

In view of the fact that the defendant committed the crime for the purpose of committing suicide, subjectively it is indirect intention, and the social harm is less than other crimes that endanger public safety by dangerous means. I think the court’s application of the death penalty to the defendant is somewhat too heavy a sentence, and it may be more appropriate to apply the death penalty. . "Fang Yi said after thinking for a moment.

"Well, I agree with lawyer Fang's opinion. For now, don't consider the issue of conviction. The main issue is sentencing and whether there is a chance." Du Yong strongly agreed with Fang Yi's opinion.

"Lawyer Song, I also think that Lawyer Fang's suggestion is feasible. At present, there is no better defense plan. I just checked on the Internet with my mobile phone. This case has also been reported on the Internet. There are many people who pay attention to it. It is impossible to give a light sentence. , but the death penalty is executed immediately and the sentence is too heavy, so a reprieve may be preferable.

Of course, this is all our thinking. For such a big incident, the Provincial High Court has to consider not only the legal effect, but also the social effect. How the Supreme Court will decide depends on the luck of the defendant. " Meng Guangda said.

The lawyers in the room were all insiders, so they naturally understood what Meng Guangda meant.The judges of the Supreme Court are still very professional, and their views on the case are hardly influenced by the opinions of lawyers.So no matter what the lawyer thinks or says, it depends on how the judge views the case in the end.

"Well, we can only defend from this aspect." Song Hui nodded, it is better to have a direction than nothing.

Fang Yi looked at Song Hui and sighed in his heart: Lao Song's luck is really invincible. He can be found in such a difficult case. I don't know when Lao Song will change his luck.But then again, good fortune is caused by misfortune, and misfortune is caused by good fortune. Maybe bad things can also be good things, who can say for sure.

……

After the regular meeting ended, everyone left the office one after another.

Li Mingbo stopped Du Yong.

"Lawyer Du, the collegial panel pronounced the verdict on the case of Song Rongming's crime of provoking trouble that I told you earlier, and the verdict will be issued in a few days." Li Mingbo said.

"Is it the case where high school students robbed junior high school students of their money? How did the court find it?" Du Yong was about to walk away before sitting back on the sofa.

"The court finally found that the defendant Song Rongming did not constitute the crime of robbery, but constituted the crime of provoking trouble, and sentenced him to one year's imprisonment." Li Mingbo looked at Du Yong and said.

(End of this chapter)