Lawyer

Chapter 502 Chapter 547 548 Well done!

"The prosecutor questioned the appellant about the facts identified in the first-instance judgment," said the presiding judge.

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

"I went to Zhao Dongtian to ask for the shipping fee, and he asked me to give him a few more days. I told him to go to my room to talk, and he got into my car. Zou Yu and I sat next to him, and then Tian Yi will The car drove out of the urban area." Li Xibin said.

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

"He wanted to get out of the car, but Zou Yu took out a knife and put it on his neck to tell him to be calm, and then gave him a hibernation shot," Li Xibin said.

"How many injections did you give the victim?" asked the inspector.

"Five needles." Li Xibin said.

"Did you notice the contraindications and dosage of the hibernation injection when you gave the injection?" the inspector asked.

"The hibernation needle was found by Zou Yu at the time, and he also kept it. I didn't ask how to use it." Li Xibin said.

"What happened next?" asked the inspector.

"We put Zhao Dongtian in the vegetable cellar in the backyard of the parking lot. He didn't wake up at the time. We thought the hibernation injection hadn't worked, so we ignored him.

Zou Yu called me the next day and said that the person had died. "Li Xibin said.

"How did you dispose of the corpse?" asked the inspector.

"We dismembered his body and put it in an oil drum, took it to the wilderness and buried it." Li Xibin lowered his head after speaking.

"Presiding judge, we're done asking." The prosecutor said.

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

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

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

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

"86 yuan." Li Xibin said.

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

"Acknowledged, we have reconciled accounts, and he has issued me an IOU. There is an account for every freight charge." Li Xibin said.

"Presiding judge, the defender's questioning is over," Fang Yi said.

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

"The investigation of the defendant Li Xibin is over, and the judicial police brought Li Xibin out of the courtroom. They brought the defendant Zou Yu into the courtroom," said the presiding judge.

Fang Yi can take a breather for the time being, and lawyer Song's job is next.After the investigation of Zou Yu was over, the judicial police took Zou Yu out of the court again, and the defendant Tian Yi was brought into the court and began to accept court investigation.

Then there was the link of proof and cross-examination. Because the defendant agreed with the facts of the case and there was no new evidence to submit, the proof and cross-examination ended soon.

"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. The debate should focus on determining charges, sentencing and other controversial issues.

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

……

"The defender of the appellant Li Xibin made a statement," said the presiding judge.

"Presiding judge, judge: Before expressing the defense opinion, please allow the defender to express deep condolences to the victim's family. (The defense opinion is definitely not pleasant to the victim's family, so it is necessary to communicate the feelings first)

The defender believes that the behavior of the defendant Li Xibin does not belong to the crime of kidnapping and should be deemed as the crime of illegal detention.The reasons are as follows:
In order to recover the legal debt owed by the victim, the defendant illegally detained the victim Zhao Dongtian in the vegetable cellar of his motorcade with hibernation needles, resulting in the death of the victim Zhao Dongtian.During the illegal detention of the victim, the defendant Li Xibin did not commit any violent acts against Zhao Dongtian that could cause his disability or death.

According to the evidence on file—the expert appraisal conclusion, the hibernating 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 hypoxia and other factors.

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

The death of the victim occurred because of the negligence of the defendant.Therefore, the defendant's behavior met the constituent elements of the crime of illegal detention in Article 230 of the "Criminal Law", and it was death during the process of illegal detention, so it should be defined as the crime of illegal detention.

The defender suggested that the defendant Li Xibin should be sentenced to [-] years in prison, and asked the court to change the sentence according to law. "Fang Yi said.

"Now it's up to the prosecutor to speak." The presiding judge said.

"Presiding judge, judge: We believe that the facts identified by the court of first instance are clear, the nature of the case is accurate, and the sentence is appropriate. Please the court reject the defendant's appeal in accordance with the law. Finished." The prosecutor said.

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

"Okay, in response to the defense of the defender, we make the following comments:
In this case, the defendant had the act of kidnapping others, which resulted in the death of others. Although the defendant did not have direct intent, he did have indirect intent and allowed the victim to die. Therefore, the behavior of the defendant Li Xibin constituted the crime of kidnapping.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:

Defendant Li Xibin's act of hijacking others in order to recover legal debts should be charged with the crime of illegal detention and does not constitute the crime of kidnapping.The reasons are as follows:
Article 230 of the "Criminal Law" stipulates that illegally detaining others or illegally depriving others of their personal freedom by other means constitutes the crime of illegal detention.

Article 230 stipulates that kidnapping others for the purpose of extorting property, or taking others as hostages, constitutes the crime of kidnapping.

It can be seen from the above provisions that the crime of kidnapping is the act of kidnapping others 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 by illegal detention, confinement or other methods.

There is no qualitative difference between the crime of kidnapping and the crime of illegal detention in terms of the method of depriving others of their personal freedom. Both can use violence, coercion or other methods; It can be to stay still, or to take the victim away from the original location.

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

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

Secondly, the goals of the crime are different. The kidnapped in the crime of kidnapping generally have no faults themselves, and they are not specific people; while most of the kidnapped in the crime of illegal detention have certain faults themselves, that is, they do not pay their debts. The kidnapped person can generally only be the debtor himself or his close relatives.

In this case, the defendant Li Xibin's kidnapping of the debtor for the purpose of extorting legal debts complies with the provisions of Article 230, Paragraph [-] of the Criminal Law "Illegally detaining and detaining others for the purpose of extorting debts", and the nature of his behavior should be illegal detention, not kidnapping .

In summary, the defender believes that the defendant Li Xibin constituted 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 opinion and expressed their defense opinions one after another.The three of them had discussed the defense plan before, and although the defense words of each defendant were somewhat different, the general direction was the same.

……

"... Please the judicial police bring the defendants Li Xibin, Zou Yu, and Tian Yi to the court. This case has been deliberated by the collegial panel and a judgment has been formed. 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 The analysis is as follows:

Appellants Li Xibin, Zou Yu, and Tian Yi used kidnapping methods to recover debts, and illegally detained the debtor Zhao Dongtian, depriving him of his personal freedom.In order to control Zhao Dongtian, Li Xibin and others injected him with Dongmianling several times. After forensic identification, there is no sufficient evidence to prove that Zhao Dongtian was directly killed by injecting Dongmianling.Therefore, his actions have constituted the crime of illegal detention.

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

In accordance with Article 180(230) of the Criminal Procedure Law and Article [-]([-]) and [-]([-]) of the Criminal Law, the judgment is as follows:

18. Revoke the No. [-] criminal judgment of the Municipal Intermediate People's Court;
15. The appellant Li Xibin committed the crime of illegal detention and was sentenced to [-] years in prison and deprived of political rights for four years;

15. The appellant, Zou Yu, committed the crime of illegal detention and was sentenced to [-] years in prison and deprived of political rights for four years;
[-]. Appellant Tian Yi committed the crime of illegal detention and was sentenced to [-] years in prison and deprived of political rights for [-] years. " said the presiding judge.

After hearing the verdict, Li Xibin relaxed his nervousness. He walked around the gate of Hades and almost went to reincarnation. This gave him a new understanding of life. If he had to choose between money and life again, He will choose his life without hesitation. After all, if there is no one to eat, no matter how much money he has, he will not be able to enjoy it. Now he is facing 15 years in prison, and he finally understands what he deserves.

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 who die cannot be brought back to life. People who are alive have to continue to live. His wife can’t make money alone How much money, with the compensation, the family will not have to worry about food and drink, and the tuition fees for the children to go to college in the future will also be paid. Zhao Dongtian's daughter-in-law has somewhat comforted her heart.

On the defense bench, Fang Yi and lawyer Song had nothing to do. They congratulated each other on their successful defense and were in a good mood.Wang Yong felt a little uncomfortable. 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. jealous.

Only now did he discover the gap between himself and Fang Yi, no wonder he is famous in the circle, he really has some skills.He couldn't help but sigh in his heart: He Shengliang's sigh.In fact, he thinks too highly of himself. His professional level is even a bit lower than that of lawyer Song, so how can he compare with Fang Yi.

After leaving the court, Fang Yi called Mr. Li, briefed him about the trial, and told him the verdict.Mr. Li just replied that he knew, and hung up the phone.Fang Yi didn't know whether Li always was satisfied with the result of his defense or not.That's the end of the matter, that's all there is to it.

When everyone walked into the restaurant, it was already 03:30 in the afternoon. After lunch, they rested all afternoon, and everyone boarded the train home early the next morning.

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

"Xiao Fang, you did a great job! President Li of Guangyao Group has agreed to sign a legal counsel agreement with us in September." Wan Kefa then put a black leather bag on Fang Yi's desk.

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

"President Li means what he says. This is 10 yuan, a reward for you." Wan Kefa said with a smile.

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

"Tch, I thought the old man didn't see the money. You didn't see it when I was making money. There was money everywhere in my big cabinet, in the drawer, and under the bed. The house was a mess.

My mother helped me clean up the house, and packed out more than 20 at once.Life at that time was so good, although it was not as rich as it is now, but it was young at that time, and youth was everything..." Wan Kefa's eyes were a little blurred, as if he was looking back at the past.

"Yeah, it's good to be young. It seems that my youth was given to the university. Apart from writing papers and looking up information, I just drank and played cards. I didn't do anything serious. It was all wasted!" Fang Yi said with emotion.

"That's what you say, as if no one's youth has ever been wasted. Isn't youth just being squandered?" Wan Kefa curled his lips and said.

"What you said is wrong. People often say: be frivolous when you are old, and be steady when you are young! It is 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 must have the appearance of youth, is it interesting to be stable like an old man all day? I want to be frivolous now, old arms and old legs, How can you be so frivolous!
Alright, I'll treat you on Friday night. Let's go to the Modern Agriculture Sightseeing Park. It's already booked. We'll stay overnight and come back the next afternoon.One is to celebrate your victory and return, the other is to celebrate our team signing another big client, and the third is to have a team building since we haven’t had dinner for a long time. "Wan Kefa laughed.

　Ask for monthly tickets, recommended tickets, collections!Thank you book friends for your strong support!

　　
　
(End of this chapter)