Lawyer

Chapter 486 How Much Do You Love?

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

"Regarding the defender's defense opinion, the public prosecutor's opinion is as follows:

Even if the defendant Zhuang Wenjing's act of scratching Zhou Tao with a knife was to prevent Zhou Tao from beating Xue Hong, it constituted a legitimate self-defense.But the victim, Deng Gang, never did anything. He did not beat or drag Xue Hong, nor did he harm other female employees in the dormitory.

Deng Gang threw the dumbbell at the defendant Zhuang Wenjing because he saw that the defendant Zhuang Wenjing had a knife in his hand and had scratched Zhou Tao, posing a threat to him.

The act of the victim Deng Gang throwing the dumbbell was in essence to stop the fight between Zhou Tao and Zhuang Wenjing, so as to prevent the defendant Zhuang Wenjing from causing greater harm to Zhou Tao.

It can be seen that the defendant Zhuang Wenjing's act of stabbing the victim Deng Gang to death with a knife has obviously exceeded the necessary limit, resulting in the death of the victim. The defendant Zhuang Wenjing constituted the crime of intentional injury and should bear criminal responsibility.complete. " said the inspector.

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

"Based on the Prosecutor's defense opinion and response, the defender issued the following defense opinion:

Regarding Deng Gang's behavior of lifting a three-jin dumbbell and hitting Zhuang Wenjing, it should not be interpreted as an attempt to stop the fight between Zhou Tao and Zhuang Wenjing.

Because after entering the dormitory for female employees, although Deng Gang did not commit violence against the female employees in the dormitory, Deng Gang followed the previous conspiracy with Zhou Tao and broke into the dormitory for female employees with Zhou Tao in the middle of the night.Deng Gang is not a bystander, let alone a persuasion person, but a joint infringer who participated in the illegal infringement.Deng Gang raised the dumbbell and tried to smash Zhuang Wenjing, which was a further harm to Zhuang Wenjing.

Defendant Zhuang Wenjing stabbed Deng Gang with a knife when she faced Deng Gang's threat of continued harm, in order to avoid more serious violence.

Therefore, Zhuang Wenjing's defensive behavior is justified no matter in terms of the person defending, the purpose of the defense, the object of the defense, and the time of the defense.Since Zhuang Wenjing defended against a violent act that seriously endangered personal safety, although the result of Deng Gang's death was within the limit permitted by the law in the third paragraph of Article No. should bear criminal responsibility.complete. "Fang Yi said.

……

After the trial ended, the court adjourned for 10 minutes, and the collegial panel withdrew from the court.

At this time, the two groups of people in the auditorium, under the watchful eyes of the judicial police, no one dared to take half a step beyond the threshold, Fang Yi's heart was also beating, and he didn't know how the presiding judge would sentence him. He will definitely not accept it. If he is found not guilty, he has to be careful with the family members of the victim so as not to be beaten, hey!Let's love it!

……

"... this case has been deliberated by the collegial panel and has formed a judgment opinion. In view of the opinions of 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:

...The defense reasons and defense opinions of the defendant Zhuang Wenjing and her defenders that the defendant's behavior was justifiable self-defense, neither criminal responsibility nor civil compensation liability, conform to the law and should be adopted.

The indictment accuses Zhuang Wenjing of stabbing Deng Gang to death with clear facts and sufficient evidence, but the charges cannot be established.In accordance with Article 160(120) of the Criminal Procedure Law of the People's Republic of China and Article [-] of the General Principles of the Civil Law of the People's Republic of China, the judgment is as follows:
[-]. The defendant Zhuang Wenjing is not guilty.

[-]. Defendant Zhuang Wenjing does not bear civil liability for compensation. " said the presiding judge.

The moment they heard the verdict, the auditorium was polarized. Liu Min, Zhuang Wenhai and others looked happy, while Deng Gang's family was filled with righteous indignation and clamored for an appeal.

The public prosecutor opposite Fang Yi had an ugly expression on his face. It seemed that he was dissatisfied with the verdict and would most likely file an appeal.

After the verdict was pronounced, Zhuang Wenjing was not detained again.Although the members of the Deng family were dissatisfied, they couldn't be too arrogant in the court. After a few words, they left.

"Lawyer Fang, thank you!" Zhuang Wenjing cried and bowed to Fang Yi with tears in her eyes.

From the proposed 15-year imprisonment to the acquittal, Zhuang Wenjing's mood was like a roller coaster, with ups and downs. Her gratitude to Fang Yi was sincere and from the bottom of her heart.

"It's okay, don't cry. It's over. You did the right thing. Adjust your mentality. There is still a long way to go." Fang Yi comforted her.

At this time, Xue Hong came over and hugged Zhuang Wenjing, and the two wept with joy.

The court session started at nine o'clock in the morning and lasted until after two o'clock in the afternoon. The continuous trial was a great test for the physical fitness of the judges, prosecutors and lawyers, and even the people in the auditorium secretly complained.

Now that Zhuang Wenjing was acquitted, Fang Yi immediately felt top-heavy as soon as he felt relieved. He leaned on the table to hold on, and it took a while to recover. This was a manifestation of excessive physical and mental exhaustion.

The crowd surrounded Fang Yi and Zhou Ying and went back to the villa to celebrate. Because everyone was happy that day, they toasted Fang Yi frequently and drank until the evening.Zhou Ying called the office to report safety.

For the safety of lawyers, Wanhua United Law Firm has an unwritten rule that any lawyers in the team who are not handling cases in the city need to report their whereabouts to the team if they do not come back that day.Solo lawyers need to report to the firm, just in case.

In reality, some people come to hotels in the middle of the night to arrest lawyers, some make threatening phone calls, and some design to frame lawyers, especially in some high-risk areas (I won’t name names here).It was previously reported that a certain criminal lawyer changed hotels twice in one night just to avoid possible risks.

Early the next morning, after Fang Yi and Zhou Ying had breakfast in the restaurant, Fang Yi was invited to the office by Liu Min.

"Lawyer Fang, you also saw what happened yesterday. Do you think the other party will appeal?" Liu Min asked.She didn't dare to tell her cousin Zhuang Wenjing about this, for fear that she would be anxious.

"Judging from the current situation, the procuratorate is very likely to appeal. You are in this city, and we are far away. You can pay attention. After the verdict is issued, we will also ask the judge." Fang Yi thought for a while.He drank a little too much yesterday, and now his head is still swollen.

"Lawyer Fang, that's what I think. Plan ahead. If the other party appeals, should we also appeal?" Liu Min said.

"What's the reason for our appeal? The intermediate court has already ruled your cousin innocent, so we have no reason to appeal!" Fang Yi looked at her and said.

"Well, that's what you said. Then we will respond to the lawsuit. If the procuratorate protests, I have to find you. If I continue to entrust you to handle my cousin's case, how much will the lawyer's fees cost?" Liu Min said.

"The lawyer's fee for the first instance is 15, and you can pay [-] for the second instance." Fang Yi said.

(End of this chapter)