Lawyer

Chapter 476

"What did you do on the day of the incident? Why was the victim at your home?" asked the prosecutor.

"I went to the school gate to find him, tricked him into coming home for dinner, and asked him to send a message to his sister Lianyu. He was a little reluctant, so I forcibly pulled him home and tied him with a rope." Sun Dalin Road.

"What did you do after you tied the victim home?" the inspector asked.

"I called the Lian family and asked them to prepare 20 yuan to send over. Otherwise, I will kill Lian Zhen." Sun Dalin said.

"Why are you doing this? What is your purpose?" asked the inspector.

"I spent 18 yuan to marry his sister Lianyu, and I haven't paid off the famine yet. Even my family encouraged Lianyu to divorce me. I want all the money back." Sun Dalin said.

"You said that Lian's family encouraged Lianyu to divorce you, how did you know?" the prosecutor asked.

"I guess, Lian Yu and I are living a good life, why she filed for divorce as soon as she returned to her mother's house must be the fault of her family." Sun Dalin said.

He said that Lian's family encouraged Lianyu to divorce, but he couldn't provide evidence at all, it all depended on his thinking and guessing.Fang Yi asked him this question before, but he couldn't find any evidence, and even his family denied it, so he had to give up.

"Why did your daughter-in-law Lianyu go back to her natal home?" the inspector asked.

"I... I hit her." Sun Dalin stammered.

"How many times have you beaten?" the inspector asked thoroughly.

"I did... I can't remember either." Sun Dalin was a little dazed.

"Isn't it 18? Why do you want 20? What is the extra [-]?" the inspector asked.

"That's my compensation." Sun Dalin said.

"Did you receive the money?" the inspector then asked.

"No. Lian's family called the police. In order to get revenge on Lian's family, I stabbed Lian Zhen with a knife." Sun Dalin said.

"Who caused the injuries to the victim?" asked the prosecutor.

"It was me. I did it with a knife." Sun Dalin said.

"Presiding judge, the public prosecutor has finished questioning." The prosecutor said.

"Does the defender of the defendant, Sun Dalin, need to ask the defendant questions?" asked the presiding judge.

"The defender needs to ask questions." Fang Yi finished speaking and looked at Sun Dalin in the defendant's seat: "Defendant Sun Dalin, did you go to Lian's house before the case happened?"

"I've been." Sun Dalin said.

"What are you going to do?" Fang Yi asked.

"Go to Lianyu and let her go home." Sun Dalin said.

"Did she agree?" Fang Yi asked.

"No, Lian Xicai, my father-in-law, didn't let me see her. Later, I blocked him outside the gate of her house and wanted to tell her about going home, but Lian Xicai wouldn't let me talk to her , and even reported to the police. So I hate Lian Xicai, I hate Lian's family, if they hadn't encouraged Lianyu to divorce, I wouldn't be where I am today." Sun Dalin said.His eyes were full of resentment.

"Presiding judge, the defender's questioning is over." Sun Dalin's personality is rather mean, and he likes to be in the wrong. It becomes passive.

"The next step is to present and cross-examine evidence. Is there any new evidence for the prosecution and the defense and the defendant to submit?" asked the presiding judge.

"No." All three said.

Regarding the evidence presented by the public prosecutor, Sun Dalin accepted all the evidence, the facts speak louder than words, the police arrested Sun Dalin on the spot, and Fang Yi couldn't defend him.

"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 presiding judge and the judge: The defendant Sun Dalin killed the kidnapped during the kidnapping process, causing serious injuries to him. His behavior has constituted the crime of intentional injury and kidnapping. He should be severely punished according to the law. According to Article 230, we recommend that the defendant Sun Dalin be sentenced to death. Finished." The prosecutor said.

Lian Xicai, who was in the gallery, felt very comfortable after hearing the prosecutor's suggestion. He wished that Sun Dalin would burp right away.

"Defendant Sun Dalin is defending himself," said the presiding judge.

"It was Lian's family who encouraged Lian Yu to divorce. They cheated me of the money first, so I tied Lian Zhen..." Sun Dalin said.

"Defendant Sun Dalin's defender issued a defense opinion." The presiding judge said.

"The presiding judge and judges: The defender believes that Sun Dalin only constitutes the crime of kidnapping, not the crime of intentional injury. In addition, there is no circumstance in this case that caused the death of the kidnapped or killed the kidnapped. Sun Dalin should not be sentenced to death. The defender suggested that the defendant Sun Dalin be sentenced to life imprisonment for the following reasons:

[-]. In this case, several crimes should not be punished together.

The defender believes that if the kidnapper injures (not killed) or kills (attempts) the kidnapped during the process of kidnapping or during the continuation of the kidnapped state, if the harm or killing of the kidnapped has not caused particularly serious consequences If the crime should be sentenced to life imprisonment or less, it should be punished as the crime of kidnapping.Because at this time, behaviors such as 'killing' and 'injuring' are included in the elements of 'violent means' of the crime of kidnapping.

In this case, the defendant Sun Dalin deliberately injured the victim Lian Zhen during the continuation of the kidnapping state. Although the victim was seriously injured, the victim was not seriously disabled.According to the provisions of Article 230 of the "Criminal Law", continuous shocks causing serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

At this time, the defendant Sun Dalin's harmful behavior has been included in the "violent means" of the crime of kidnapping, so there is no need to evaluate it separately. Therefore, he should be punished as the crime of kidnapping.

[-]. The death penalty should not be applied in this case.

The case occurred in September [-], when the Amendment ([-]) to the Criminal Law had not yet been implemented, and the provisions of the old Criminal Law on the crime of kidnapping should be applied in accordance with the principle of both the old and the lenient criminal law.

(On November 2015, 11, the Amendment (IX) to the Criminal Law of the People's Republic of China came into effect. The Amendment amended the second paragraph of Article 1 of the Criminal Law to read: "Whoever commits the crime in the preceding paragraph, kills a kidnapped person, or intentionally injures a kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and shall also be subject to confiscation of property.”

Article 230 of the "Criminal Law" before the amendment stipulates that whoever causes the death of the kidnapped person or kills the kidnapped person shall be sentenced to death and confiscation of property.

If according to the above amendment, Sun Dalin caused serious injuries to the victim, and the method was cruel, the court can sentence him to death according to law, there is nothing wrong with it)

According to Article 230 of the old "Criminal Law", whoever committed the crime of kidnapping and caused the death of the kidnapped person or killed the kidnapped person shall be sentenced to death.

This regulation means that when the perpetrator commits the crime of kidnapping, the death penalty can only be applied if the kidnapped person is killed or killed during the kidnapping.In this case, none of the aforementioned circumstances existed.

The defender suggested that Sun Dalin be sentenced to life imprisonment. "Fang Yi said.

(End of this chapter)