Lawyer

Ning Guoyi's case is a legal aid case, and both the first and second trials were handled by Wang Deyou. At the beginning of receiving the case, he had a premonition that the defendant in this case would be sentenced to death in all likelihood, but the provincial high court He had some objections to the verdict, so after receiving the criminal verdict for this case in the morning, he came to Fang Yi's office and wanted to ask for advice.

"Lawyer Fang, the defendant Ning Guoyi committed the bombing with the purpose of killing Zhu Qianhong. Does it constitute the crime of intentional homicide or the crime of bombing? What do you think?" Wang Deyou asked.

After reading the verdicts of the Intermediate Court and the Provincial High Court, Fang Yi pondered for a moment and said, "I think the defendant Ning Guoyi's bombing in this case for the purpose of killing should constitute the crime of bombing."

"Why?" Wang Deyou asked.

"This starts with the difference between the two crimes. The crime of bombing is a crime against public safety, which refers to an act in which the perpetrator deliberately detonates explosives, kills an unspecified number of people, or destroys public and private property, endangering public safety.

The crime of intentional homicide refers to the act of intentionally and illegally depriving another person of life, which is a crime that violates the personal rights of citizens.

There are eight serious crimes in the Criminal Law: intentional homicide, intentional injury (must be seriously injured or killed), rape, robbery, arson, drug trafficking, dangerous substance and explosion.

Although these two charges are felonies, compared with the crime of intentional homicide, the crime of bombing is more harmful to society.

In this case, Ning Guoyi was very familiar with the place where the crime was committed, that is, the environment around Lao Zhu's house, and knew that there were other residents of the village living near Zhu Qianhong's house.

Moreover, Ning Guoyi had worked in a quarry, and he often used explosives to blow up rocks, and he also knew how to make explosives.At the time of the incident, in order to increase the destructive power of the explosion, he intentionally bundled two explosive packages together and threw them into the room along the back window of Zhu's house. It can be seen that he should be very clear about the consequences of the explosion.

His purpose was very clear, which was to blow up the old Zhu's house and kill Zhu Qianhong. He took a laissez-faire attitude towards whether the explosion would endanger the safety of other members of the Zhu family and whether it would affect the surrounding neighbors, and let it go.

Subjectively, Ning Guoyi had the intention to endanger the life and property of an unspecified majority; objectively, Ning Guoyi’s actions caused serious consequences of the damage to Lao Zhu’s house, one death and three injuries, and also caused varying degrees of damage to surrounding houses. .

Ning Guoyi's behavior has endangered public safety, so his behavior constitutes the crime of bombing rather than intentional homicide.

In practice, if the perpetrator kills a specific person by means of explosion, his behavior constitutes the crime of intentional homicide, provided that the public safety is not endangered.If the perpetrator kills a specific person by means of explosion, but the explosion endangers public safety, and he pursues or indulges the consequences of endangering public safety, his behavior constitutes the crime of bombing.

In addition, this case is a concurrent crime under the law. The defendant, Ning Guoyi, carried out the bombing based on a criminal intention, and was charged with two crimes of bombing and intentional homicide at the same time.

Conviction and punishment of legal-article-complicated crimes should adhere to the principle that special law is superior to common law, and the principle of emphasizing law is superior to ignoring law.As far as this case is concerned, I think it is correct for the Provincial High Court to convict and punish the crime of bombing in accordance with the principle of handling concurrent crimes in the law. "Fang Yi said.

"A doctor of law is a doctor of law, much better than me who became a monk halfway through. You can say one, two, three with any question, admiration! I am convinced!

Let's go, I'll treat you at noon. "Wang Deyou didn't expect Fang Yi's theory and practice to be so powerful. It seems that Fang Yi's doctorate is really not a mixed diploma, and he really has real talents and practical learning.

After eating at noon, Fang Yi went back to the office to pack up, and then drove to Shengfeng Group.

"Sister Lan, you called me here so urgently, do you have an urgent case?" Fang Yi walked into Sister Lan's office with a briefcase in hand.

"Brother, I will introduce a friend to you in a moment. His surname is Shi, and Shi Guangyong is Shi Guangyong. He is one of our partners. He specializes in providing cement to our engineering company. He is the owner of a small cement factory.

His son was arrested some time ago, and the lawyer he found was not good enough, and he was asked for 10 yuan, but the case failed.He called me last night and asked me to introduce him to a criminal lawyer, and I thought of you.Let Lao Shi tell you about the specific case later. "Sister Lan said carelessly.

While the two were talking, a burly man in his fifties with a bald head and a leather jacket knocked on the door and walked in: "Mr. Gao, are you busy?"

"Oh, say Cao Cao, and Cao Cao will be here. I just mentioned you, and you are here. Come and sit with President Shi." Sister Lan got up and greeted.

"Who is this?" Shi Guangyong looked at Fang Yi and asked.

"This is the lawyer Fang I recommended to you, and he is also my brother. Lawyer Fang is a partner of Wanhua United Law Firm. He specializes in criminal litigation. He has known me for many years and is now the legal consultant of our group. Specially in charge of criminal affairs." Sister Lan introduced.

"Hello, Mr. Shi." Fang Yi stood up and smiled.

"Hello, Lawyer Fang, Mr. Gao mentioned you before, but I didn't expect you to be so young." Shi Guangyong looked Fang Yi up and down.

"Don't think my brother is young, but he has handled many big and important cases. There is an introduction to him on the Internet. Let your secretary look it up for you later, and it will come out after a Baidu." Sister Lan said.

"My secretary? Let's forget it." Shi Guangyong pouted.

"What's the matter?" Sister Lan asked.

"She was fired by my wife. She was said to be too young and unsteady to be a secretary." Shi Guangyong said helplessly.

"Okay, I'll have someone print out a copy of Lawyer Fang's introduction for you later. You talk first, and I'll make arrangements." Sister Lan found a reason to leave the office, leaving the place to Shi Guangyong and Fang Yi.

"President Shi, drink tea." Fang Yi picked up the teapot, made another pot of tea, and poured a cup for the other party.

"Lawyer Fang, to be honest, something happened to my son and he was arrested. I want to ask you for advice and see if there is any way." Shi Guangyong took out a criminal judgment from his handbag and handed it to him. Fang Yi.

"Here's the verdict. Take a look. The old man said that beauty is a disaster, it's not true at all..." Shi Guangyong introduced the incident.

At the beginning of the year, Shi Guangyong's son Shi Ling married his girlfriend Jiang Yu who had been dating for more than half a year. After the honeymoon, Shi Ling has been busy with the family business. Jiang Yu has become a rich wife, and her main daily work is shopping purchase.

In June, one afternoon, defendant Shi Ling was invited to meet a client in a hotel to discuss the business of supplying cement.Just when he finished talking about business and was about to go back, he passed by the hotel lobby and accidentally saw his wife Jiang Yu sitting in the hotel lobby, as if she was waiting for someone.