Lawyer

Chapter 542 Do you want a lawyer to help you travel back?
When the female resident opened the door and entered the house, Jinli hit the other person on the head twice with a rolling pin in his hand. He didn't know that the other person was wearing a helmet and was not knocked out.

After escaping, he wandered around the community for a while, and was about to return home. When he walked into the corridor, he heard the voice of a female resident on the phone from the opposite door.

Jinli mistakenly thought that the other party had recognized him, and seeing that the anti-theft door on the opposite side was open, he took out a sharp knife and rushed in.He forced the female resident to the bedroom with a knife, stabbed the woman's waist, abdomen, and head several times, and stabbed the woman to the ground, and then stabbed the woman's neck several times, causing damage to the woman's trachea and bilateral carotid arteries. Severed and died of hemorrhagic shock.

Five days later, Jinli was arrested at home.

"How did the court decide your son's case?" Fang Yi asked.

It has been more than a year since July last year, and Jinli's case is not a complicated case. According to Fang Yi's speculation, the case should have been sentenced. Jin Huapeng came here at this time, maybe he wanted to consult and entrust a second trial.

"Sentenced, the court held that my son Jinli entered the other party's house to steal and killed others, which constituted the crime of intentional homicide.

Since my son is a student at school, he has a good confession attitude and shows remorse, and we have actively compensated the victim for his economic losses. In the end, my son Jinli was sentenced to death for intentional homicide, suspended for two years, and deprived of political rights for life. .Here is the verdict. "Jin Huapeng said as he took out a criminal verdict and handed it to Fang Yi.

Fang Yi took it over and looked at it, and said in surprise: "This was sentenced at the end of last year, and the appeal period has passed now? Have you filed an appeal?"

"We didn't file an appeal." Jin Huapeng said.

Now that the sentence has been sentenced and no appeal has been filed, it has been so long, Fang Yi can't think of what the other party wants to consult with him.

"Then what do you want to consult with me?" Fang Yi looked at the other party suspiciously.

"We didn't appeal, but the procuratorate lodged a protest with the Provincial High Court on the grounds that my son's crimes were particularly bad, the methods were extremely cruel, and the sentence in the first-instance judgment was abnormally light." Jin Huapeng said.

"The second trial has started?" Fang Yi asked.

"It's already here, and the verdict has come down.

The court of second instance held that my son constituted the crime of intentional homicide, the circumstances of the crime were heinous, the means were cruel, and the crime was extremely serious.

Although my son has a good attitude of pleading guilty and our family actively compensated the victim for his economic losses, it is not enough for a lighter punishment and should be punished severely according to law.

In the end, my son Jinli was sentenced to death for intentional homicide and deprived of political rights for life. "Speaking, Jin Huapeng took out another verdict and handed it over.

Fang Yi is so angry, can't he take out all the verdicts at once?

"The judgment of the second trial is over, I'm afraid I can't help this case." Fang Yi said.

Good guy, it's already reached this point, what's the use of finding a lawyer?Fang Yi is really struggling, I don't know what Jin Huapeng is thinking, do you want a lawyer to help you travel back?
"Hey, I heard from the lawyer that the case has been reported and is about to undergo a review of the death penalty. I would like to consult with you, is there any other way to save my son's life?" When Jin Huapeng asked this, he didn't know what to do. Confidence, obviously he doesn't have any hope for this matter.

"This... I really can't do anything, unless..." Fang Yi hesitated and said.

"Unless what?" Mr. Jin's eyes instantly radiated multicolored light, as if he saw hope.

"The third paragraph of Article No. 18 of the "Criminal Law" stipulates that a mentally ill person who has not completely lost the ability to recognize or control his own behavior commits a crime and shall bear criminal responsibility, but may be given a lighter or mitigated punishment.

If your son is a mental patient with limited capacity for criminal responsibility, the Supreme Court may keep him alive. "Fang Yi said.

"You mean..." Jin Huapeng immediately recovered.

"I don't mean anything, I just tell you what kind of defendant will receive a lighter or mitigated punishment." Fang Yi immediately explained.

Good guy, just simply ask a legal question, and then get yourself suspected of abetting a crime later, the risk is too great, it's not worth it!

"Yes, you don't mean anything. I'm here for consultation, and you are answering my inquiry. Manager Ouyang, I want to have a private chat with Attorney Fang. Look..." Jin Huapeng looked at Ouyang Jie who was on the side.

"You guys talk, I just want to talk to Lawyer Ma about a case. Mr. Jin, call me after you talk with Lawyer Fang. I'll take you back." Ouyang Jie got up and left the conference room very interestingly.

After Ouyang Jie left, Jin Huapeng looked at Fang Yi: "Lawyer Fang, don't mind. I want to consult with you again. What kind of mental patients meet the requirements you just said, and can be given a lighter or mitigated punishment?"

"This... I'm not a medical student, so I can't give you an accurate answer. But from the perspective of the original intention of the legislation, the mental patients stipulated in Article No. 18 of the Criminal Law should include the mental disorders or mental illnesses mentioned in judicial psychiatry. .

As far as I know, in addition to clearly diagnosed mental illnesses such as schizophrenia, manic-depressive psychosis, and paranoid psychosis, the term mental illness in medicine also includes hysteria, obsessive-compulsive disorder, anxiety disorder, personality disorder (also abnormal personality), sexual psychology disorder (also known as sexual abnormality) and so on.

In judicial practice, judging whether the perpetrator suffers from mental illness, what kind of mental illness and its severity, and whether he has the capacity for criminal responsibility needs to be confirmed by forensic psychiatry experts and judicial personnel review. "Fang Yi explained.

"Oh, Lawyer Fang, to tell you the truth, our family has a family history of mental illness. Jin Lita's grandfather, that is, my father, suffers from schizotypal personality disorder. He has been treated in Beijing many times but has not been cured.

I have the same mental illness, but have been on meds and it's not as severe.Jinli also had the same symptoms, but we have been hiding it from others for fear of affecting the child's development.Does this count? "Jin Huapeng hesitated for a moment and said.

After hearing what he said, Fang Yi immediately sat back and straightened his body: Wo Cao, if I say no, will he turn his face and take out a knife to fight me desperately!

"Whether it counts or not, I can't say. From a lawyer's point of view, if the Supreme Court finds that the defendant may have mental illness when reviewing the death sentence, out of prudence, it will entrust a professional organization to conduct an appraisal.

If it is determined that your son Jinli suffered from schizotypal personality disorder at the time of the crime, he is a person with limited liability and can be given a lighter punishment, and it is very likely that he will be spared his life.But the premise of everything is that what you said must be true, and the appraisal conclusion also supports your statement. "Fang Yi said.

"Yes, I understand." Jin Huapeng nodded.

"Didn't the lawyer ask for a psychiatric appraisal of Jinli during the first and second trials?" Fang Yi asked suspiciously.

(End of this chapter)