Lawyer

Chapter 280 Chapter 284 Chapter 285 (Merge one chapter) Dissatisfied!

Ding Dashan's intentional injury case finally came to court.

In the No.11 trial court of the Intermediate Court, the presiding judge has already sounded the gavel, and the trial has officially begun, and the public prosecutor is reading out the indictment.

Ding Dashan sat on the defendant's dock with a dull expression, not knowing what he was thinking.There are only a few people in the auditorium, and Ding Wanqiu is sitting among them.

"Defendant Ding Dashan, male, born on April 1954, 4, ID number... Suspected of intentional injury...

After accepting the case, this court has informed the defendant that he has the right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment, interrogated the defendant according to law, and reviewed all the case materials.

The legal investigation revealed that:
The victim Zhou Long is the son-in-law of the defendant Ding Dashan. The defendant Ding Dashan had a dispute with the victim Zhou Long over the divorce of his daughter and son-in-law. The victim Zhou Long climbed over the wall and entered Ding Dashan's home. Dashan stabbed him in the chest with a knife, and the victim died on the way to the hospital for treatment. After identification, the victim Zhou Long died of acute massive blood loss due to puncture of the aorta and right atrium.

Ding Dashan called the police after the incident and was arrested by the police at the scene of the crime. After arriving at the case, he truthfully confessed the facts of the crime.

The evidence for the above facts is as follows:
1. Household registration certificate, certificate of no criminal record, etc.;
2. The confession and defense of the defendant Ding Dashan;

3. The crime tool is a sharp knife;
4. Autopsy report.

The above-mentioned evidence collection procedures are legal, and the content is objective and true, which is sufficient to determine the facts of the allegations.Defendant Ding Dashan had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court believes that the defendant Ding Dashan stabbed the victim Zhou Long with a sharp knife, resulting in his death. His behavior violated Article 230 of the Criminal Law of the People's Republic of China. The facts of the crime are clear and the evidence is reliable and sufficient. He should be investigated for the crime of intentional injury criminal responsibility.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.

Presiding judge, the indictment has been read out! "Said the male prosecutor sitting opposite.

The indictment was written, and there was no mention of over-defense. Fang Yi understood that this was the rhythm of wanting Ding Dashan to go to jail.

"Defendant Ding Dashan, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the charges and criminal facts charged in the indictment?" the presiding judge asked Ding Dashan.

"No objection!" Ding Dashan looked up at the presiding judge and said.

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

"Okay, presiding judge. The defendant, Ding Dashan, and the victim, Zhou Long, who is your son-in-law, what are you doing at your house at night?" the male prosecutor asked.

"He wanted to find my daughter Ding Wanqiu, and I told him that my daughter was on the night shift that night and was not at home." Ding Dashan said.

"And then?" the male prosecutor asked.

"He didn't believe it, and kicked the door of my house. If I didn't open the door, he jumped over the wall and entered my yard. I was afraid that he would hurt my family and rob my children, so I went into the house and took a sharp knife.

Then he jumped into the yard and grabbed me by the neck, and we got into a fight.I don't know how I did it, but I stabbed him in the chest with a knife.Later, he fell to the ground and couldn't get up, so I called the police..." Ding Dashan lowered his head and told the story.

"Judge, I'm done questioning." The male prosecutor said.

"Does the defender of the defendant Ding Dashan need to ask the defendant questions?" The presiding judge looked at Fang Yi.

"Need to ask a question." Fang Yi raised his head and said.

okay!The public prosecutor didn't ask any questions about the previous matters, and only focused on the part of intentional injury causing death. This intention is too obvious.Obviously not good for the defendant Ding Dashan!

"Defendant Ding Dashan, did the victim Zhou Long visit your home before the incident?" Fang Yi asked.

"I've been there. Before the incident, he came four times. Every time he came, he would make a big fuss. Once he made a lot of noise and smashed several pieces of glass on the doors and windows of my house, almost hurting people. I dare not let him come again later." Let him in again and call the police." Ding Dashan said.

"On the night of the incident, the victim Zhou Long came to your house again, why did you take the sharp knife?" Fang Yi asked.

"It was past nine o'clock in the evening, and he made a lot of noise. He kicked the door of my house and banged it. Seeing that I didn't open the door, he climbed the wall, sat on the top of the wall and hit me with stones from the wall.

At that time, there were only me, my wife, and two children at home. I was afraid that Zhou Long would hurt my family, so I ran back to the house and took the sharp knife. "Ding Dashan said.

"Did you warn the victim when he kicked the door and climbed the wall?" Fang Yi continued to ask.

"I warned, but he didn't listen, and even called me an old man." Ding Dashan said.

"Judge, I'm done asking!" Fang Yi looked at the judge and said.

"The next step is to present evidence and cross-examine..." the presiding judge said.

Fang Yi had no objection to the evidence provided by the public prosecutor, and neither did Ding Dashan.It is a fact that people are killed by stabbing people, and there is nothing to defend.Fang Yi focused his defense on over-defense. Only over-defense could save Ding Dashan from suffering for a few years.

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"...the public prosecutor believes that, based on the relationship between Ding Dashan and Zhou Long and the specific circumstances of the case, Zhou Long's illegal behavior has not yet reached the level where Ding Dashan had to defend himself by stabbing him with a knife. Ding Dashan's behavior is not defensive in nature and does not belong to the Too defensive.

After Ding Dashan voluntarily surrendered, he truthfully confessed the main criminal facts. He surrendered himself and could be given a lighter punishment in accordance with the law. Ding Dashan’s behavior constituted the crime of intentional injury, and we recommend that he be sentenced to 15 years in prison. " said the male prosecutor.

It could be seen that he had expected that Fang Yi would put forward the reason of excessive defense and request the court to reduce Ding Dashan's punishment, so he denied the reason of excessive defense in advance and blocked Fang Yi's defense opinion.

Hearing that the procurator suggested that he should be sentenced to 15 years in prison, Ding Dashan's eyes were a little straightened, and he thought: It seems that he didn't say that at the beginning, why did he change his mind temporarily?It's so unkind.

"The defendant defends himself." The presiding judge said.

"I stabbed Zhou Long. I have something to do with his death, but I did it to protect my family..." Ding Dashan spoke incoherently and was stopped by the presiding judge.

"The defender issued a defense opinion." The presiding judge said.

"The defender believes that the defendant Ding Dashan's behavior was excessively defensive. The reasons are as follows:
First, the behavior of the victim Zhou Long is an ongoing illegal infringement.

Ding Wanqiu, the daughter of the defendant Ding Dashan, and the victim Zhou Long were husband and wife. Because Zhou Long was addicted to gambling, Ding Wanqiu had no choice but to ask for a divorce and took the child back to live with her natal family.

At about [-]:[-] on the night of the incident, the victim Zhou Long came to Ding's house. His behavior was obviously not a visit to his children in terms of time and method. Therefore, after Ding Dashan refused him to enter the hospital, he climbed up the wall and jumped into the hospital. His behavior was an illegal trespass Residential.

After that, Zhou Long first threw stones on the wall at the defendant, and then jumped into the courtyard to tear up with the defendant Ding Dashan. His behavior violated Ding Dashan's personal rights.It can be seen that Zhou Long's behavior is an ongoing illegal infringement.

Second, the defendant Ding Dashan's actions were justified in defense.

The behavior of the victim, Zhou Long, showed an escalating trend from being noisy to invading the house and violating the person, which was dangerous to a certain extent.Zhou Long committed the infringement at about [-]:[-] p.m., and his behavior has a certain urgency.Previously, Zhou Long went to the defendant Ding Dashan's house to make troubles many times. Ding Dashan called the police for help, but he never intended to fight Zhou Long.At the time of the incident, Ding Dashan prepared the sharp knife in advance for the purpose of defense, so his counterattack was justified in defense.

Third, Ding Dashan's defensive behavior exceeded the necessary limit and caused the death of the victim, which is an excessive defense.

The purpose of the victim Zhou Long's disturbance was that he was unwilling to divorce and hoped to continue to live with Ding Dashan's daughter. This is very different from the possible revenge after divorce.

The victim, Zhou Long, rode on the wall and threw stones, and then jumped into the courtyard to fight with the defendant. However, the overall disturbance was still within the scope of the disturbance, and the violation of Ding Dashan's personal rights was still slight, and did not endanger Ding Dashan and his family. obvious danger to health or life.

Ding Dashan had room to continue to maneuver, comfort, and wait, but he chose to use a knife to directly stab Zhou Long's vital parts during the tearing process, which eventually caused Zhou Long's serious injury and death.

To sum up, Ding Dashan's defensive behavior has an obvious gap in the comparison between the defense result and the protected rights, and his behavior should be deemed as excessive defense.

According to the provisions of the second paragraph of Article No. 20 of the "Criminal Law of the People's Republic of China", if the legitimate defense obviously exceeds the necessary limit and causes serious damage, it shall bear criminal responsibility, but the punishment shall be reduced or exempted.Ask the court to reduce the punishment of the defendant according to law.complete. "Fang Yi said.

Ding Dashan's behavior obviously exceeded the necessary limits of self-defense, and the defense of innocence would definitely not be accepted by the court. If Fang Yi blindly avoided the serious and ignored the minor, it would probably arouse the judge's disgust, and it would not be conducive to the judge's sentencing of Ding Dashan.

That being the case, it is better to seek truth from facts and rely on defense. Maybe Ding Dashan will be sentenced to a few years less.This is Fang Yi's true thought.

……

"Continue the trial now, and ask the judicial police to bring the defendant Ding Dashan to the court. This case has been deliberated by the collegial panel and has formed a verdict. In view of the opinions of the prosecution and the defense, combined with the focus of disputes in this case, and based on the facts and evidence of this case, this court makes the following comments:

...Ding Dashan's act of stabbing Zhou Long with a sharp knife to his death was not of a defensive nature, and it was not considered excessive defense; For the crime of intentional injury, he shall be sentenced to 15 years in prison and deprived of political rights for five years..." said the presiding judge.

Fang Yi's heart turned cold, the collegiate panel did not accept his defense opinion, and he was sentenced to 15 years in prison. Ding Dashan might not be able to come out again if he went in this time, no!There is still a chance, an appeal, and an appeal is the last chance.

After Ding Wanqiu in the gallery heard the verdict, she slumped down on the chair, her heart felt like a knife was being twisted, and tears welled up in her eyes.

She didn't know how she got out of the court, and her mind was full of "15 years".

Fang Yi disagreed with the judgment of the first instance.

Although he is a lawyer, he disagrees with some provisions of the criminal law. Taking this case as an example, excessive pursuit of the legitimacy of the behavior will inevitably ignore the protection of personal property rights. The owner can only make weak verbal protests, can't he fight back?
There is an old saying: There is no good tongue to scold and no good opponent to fight.Once you fight back, who can control the red eyes if you are really red-eyed, and if you exceed the "speed" of what you do, it will constitute excessive defense (or it will be directly determined to be intentional injury), and you will be punished again.Fang Yi doesn't believe that anyone can control his behavior under such circumstances.

Fang Yi refused to accept the verdict of the first instance from the bottom of his heart. Could it be that he really waited until Zhou Long snatched the sharp knife and hurt the whole family before talking about self-defense?The law is lagging behind, but to stop the development of illegal situations and protect personal safety and property safety should be the first priority.

In the conference room of the law firm, Fang Yi looked at Ding Wanqiu, who was sluggish, and didn't know how to comfort her.

"Lawyer Fang, you said just now that you will appeal, can you win the appeal?" Ding Wanqiu looked at Fang Yi expectantly.

"Appealing is the only way out. I can't promise you anything, but I will do my best. I don't believe the judge of the High Court will make such a judgment." Fang Yi was not convinced. This case can be handled as excessive defense, why not recognize.He was also suffocating in his heart, and wanted to appeal to overturn the case.

"Well, let's try it. What about the lawyer's fee?" Ding Wanqiu said weakly.

To be honest, Ding Wanqiu's trust in Fang Yi has already been compromised. Before, she felt that if Fang Yi stepped in, even if her father was sentenced, the sentence would not be too long. But now that the first trial has lasted 15 years, if the second trial upholds the original sentence, she will The old father is already 68, and he will be squatting for another 15 years... She didn't dare to think about it any more, and accepted Fang Yi's suggestion with the attitude of a dead horse as a living horse doctor.

"The lawyer's fee for the second instance is 1 yuan. Just pay it before the trial." Fang Yi said.

He wanted to test whether his judgment was correct, and he needed the judgment of the second instance to support his judgment and support his confidence.So at this time, even if Ding Wanqiu bargained with him and asked to reduce the lawyer's fee, Fang Yi would agree.He also has a lot of pressure in his heart, which comes from his professional sense of responsibility.

Xie Youhe once said that a lawyer without a sense of responsibility will not become a good lawyer, but it does not necessarily mean that he does not make money.

"Okay." Ding Wanqiu didn't say much, after signing the entrustment formalities, she left the law firm.

On the third day after Fang Yi received the court verdict, Fang Yi met with Ding Dashan with the appeal. Ding Dashan was relatively calm. The court has already sentenced him, and he has nothing to say. Appeal is his only hope. So he readily agreed to Fang Yi's plan.

After coming out of the detention center, Fang Yi went to the intermediate court, filed an appeal, and then waited for the notification from the high court.

　Another [-] words today, full of sincerity!Ask for monthly tickets, recommended tickets, collections!
　　
　
(End of this chapter)