Lawyer

Chapter 576
"What were you thinking when you poisoned?" Fang Yi asked.

"I'm going to poison Cheng Huixia to death. If she hadn't encouraged her son Sun Changwang to beat me behind my back, I wouldn't have had a miscarriage and lost the child in my belly..." Nie Shengping's eyes were a little dull, and there was a tinge of excitement in his big, empty eyes. There are tears of hate.

"When you put rat poison in medicine pots, porridge and teapots, did you ever think that it would poison other people?" Fang Yi asked.

Nie Shengping shook her head: "I misremembered the medicine jar, and the teapot belonged to my mother-in-law Cheng Huixia. She usually only uses it. When the porridge was cooked, no one else was at home. I also cooked it for her. I never thought of harming others... ..."

After coming out of the detention center, Fang Yi has been thinking about the breakthrough point of the case.

After Zhou Ying got in the car, she started the car, put her hand on the steering wheel and said, "Yesterday I was thinking that a woman who can be so cruel must have a sharp tongue and a fleshy face, but today I saw that she is an ordinary woman who can no longer be ordinary. "

"Hey! Poor people, there must be something hateful; hateful people, there must be tragic suffering. What Nie Shengwei said is right, a slap can't be slapped. We should look at this case objectively." Fang Yi felt that the case was basically There is no room for lawyers.

"Is there any hope for this case?" Zhou Ying turned her head to look at Fang Yi in the passenger seat.

"What do you think?" Fang Yi asked back.

"Difficult! Unless there is an amnesty," Zhou Ying said.

"However, I think there is something wrong with the charges charged by the procuratorate. It may not constitute the crime of poisoning." Fang Yi thought for a while.

"I just know that you must have a way, is there hope..." Zhou Ying looked at Fang Yi with surprise.

"The hope is slim, it's just another crime. Two people were killed and seven were injured. How could it be possible.

Although the verdict may be the same, we still have to say what the procuratorial organ accused was wrong. This is our job. "Fang Yi interrupted Zhou Ying.

Not long after the fifteenth day of the first lunar month, Nie Shengping's case started.In the No.12 courtroom of the Intermediate Court, there were several people sitting in the auditorium, probably family members of the victim.Nie Shengwei was a few seats away from them, sitting in a corner and listening to the prosecutor read out the indictment with complicated eyes.

Nie Shengping in the dock stared blankly, she didn't know what she was thinking, or she didn't think about anything, just waiting for the verdict.

The three male judges sitting on the trial bench are like three king kong, with expressionless faces, either quietly listening to the prosecutor read out the indictment, or looking through the case files.

"... This court believes that the defendant Nie Shengping, because of conflicts with her mother-in-law Cheng Huixia, used the method of poisoning to kill people. His behavior violated Article 110 of the "Criminal Law of the People's Republic of China". The facts of the crime are clear and the evidence is credible and sufficient. He should be held criminally responsible for the crime of poisoning.

In view of the fact that the defendant Nie Shengping committed many crimes, caused two deaths and seven people were poisoned and injured, and his methods were cruel and his crimes were extremely serious, it is recommended that he be sentenced to death.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.

Presiding judge, the indictment has been read out. "The male prosecutor put down the indictment and looked at the presiding judge.

"Defendant Nie Shengping, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts and charges charged in the indictment?" The presiding judge looked at Nie Shengping in the dock with burning eyes.

"I have no objection. I poisoned Cheng Huixia to kill my mother-in-law and harmed other people..." Nie Shengping lowered her head, wiping her tears with the back of her hand.

Next, the public prosecutor interrogated the defendant Nie Shengping on the facts of the case.Nie Shengping truthfully told the conflicts between the two parties and how she poisoned her mother-in-law Cheng Huixia.What she said was basically the same as what Fang Yi knew before.

Next, the defender Fang Yi asked questions.

"Defendant Nie Shengping, poisoned three times, who is your target? In other words, who do you want to poison?" Fang Yi looked at the defendant's seat.

"I want to poison Cheng Huixia to death, because I hate her." Nie Shengping said bitterly with tears in her eyes.

"How did you put the rat poison in order to achieve your goal?" Fang Yi continued to ask.

"The first time I put it in the medicine pot, the second time I put it in the porridge she asked me to cook, and the third time I put it in the teapot she often drinks." Nie Shengping looked at Fang Yi.

"Have you ever thought about poisoning other people?" Fang Yi asked.

"I didn't think about it, my mother-in-law and my father-in-law have one medicine pot, but unfortunately I remembered the wrong location and put the poison into my father-in-law's medicine pot, otherwise there would be nothing later.

The second time my mother-in-law wanted to drink porridge. There was no one else in the family. I cooked the porridge for her. Unfortunately, the porridge was too hot. She only took a few mouthfuls before she was called away by the neighbor.

The third time I put the rat poison in her usual teapot, no one in the family would touch her teapot, but I didn’t expect that she would give the tea in the teapot to the neighbors who came to drink...” Nie Shengping’s tone was very cold.

Fang Yi could tell that she was a little bit regretful, not because she regretted the crime, but because she missed her again and didn't poison her mother-in-law to death.The resentment in her heart was too heavy to be resolved at all.

There were people in the gallery whispering to each other.

……

"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. "After the presiding judge finished speaking, he looked towards the public prosecutor's seat.

"...Defendant Nie Shengping had a conflict with Cheng Huixia's mother-in-law and daughter-in-law, so she had the evil idea of ​​killing Cheng Huixia. She killed Cheng Huixia by injecting rat poison containing fluoroacetamide three times. One person died and seven people were poisoned and injured. The method is cruel and the crime is extremely serious. It constitutes the crime of poisoning, and it is recommended to be sentenced to death! End." The prosecutor's tone was very firm, as if a sentence was pronounced.

The presiding judge asked the defendant to defend himself, and Nie Shengping recounted his unfair treatment at Sun's family.Maybe it was because she knew her fate was not long, or maybe she had become numb for a long time, but Nie Shengping acted very calm, as if she was telling someone else's story.

"Defenders express their defense opinions." After Nie Shengping finished speaking, the presiding judge looked at Fang Yi.

"Presiding judge, judge: The defender believes that the defendant Nie Shengping did not constitute the crime of poisoning. He targeted Cheng Huixia and poisoned Cheng Huixia many times, causing two deaths and many injuries. This should constitute the crime of intentional homicide. The reasons are as follows:
[-]. In this case, the target of the defendant's poisoning was Cheng Huixia, a specific person.

The crime of poisoning belongs to the crime of endangering public security, which infringes on public security, that is, the safety of life, health and property of an unspecified majority.

The crime of intentional homicide is a crime that violates the personal rights of citizens, and what it infringes is the personal rights of citizens, that is, the personal rights of specific citizens.

In other words, the crime of poisoning points to an unspecified majority of people, while the crime of intentional homicide targets specific people.In this case, the target of the defendant's poisoning has always been Cheng Huixia, and his target belongs to a specific person.

[-]. Subjectively, the defendant did not have the intention to endanger public safety
The perpetrator of the crime of poisoning must have the intention to endanger public safety, that is, the life, health and property safety of the majority of unspecified people, while the perpetrator of the crime of intentional homicide only has the intention to deprive the life of a specific person.

In judicial practice, when the perpetrator murders the life of a specific person by poisoning without endangering public safety, it should be determined as intentional homicide.

In this case, the person Nie Shengping subjectively wanted to poison was Cheng Huixia, not an unspecified majority.Nie Shengping put rat poison several times in Cheng Huixia's home, not in public places.The rat poison was only thrown into the tableware, tea set, and traditional Chinese medicine used by the victim Cheng Huixia, not into the utensils used by the public.

Although many people accidentally ate and drank the traditional Chinese medicine, food and tea that Nie Shengping laced with rat poison, these victims were not unspecified objects that Nie Shengping sought to kill.Therefore, the defender believes that Nie Shengping's illegal deprivation of other people's life by means of poisoning constitutes the crime of intentional homicide.

In view of the fact that the defendant was unfairly treated at home, he only wanted to kill, and he confessed truthfully after being brought to justice, pleaded guilty and accepted punishment, and had a good attitude in pleading guilty. It is recommended that the court give a lighter punishment and sentence the defendant to death with a two-year reprieve.complete. "

Fang Yi knew that the defense to ask the court for a lighter punishment was weak and weak. According to the defendant's actions and the bad consequences he caused, his performance after the case was not enough for a lighter punishment, but as a defender, he had to do something.

……

After the trial ended, the court was adjourned for 10 minutes. After the collegial panel deliberated, the presiding judge announced the verdict in court.

The collegial panel held that the defendant Nie Shengping used poisoning to kill people because of conflicts with her mother-in-law Cheng Huixia, and her behavior constituted the crime of intentional homicide. The number of crimes she committed was numerous, and caused two deaths and seven people were poisoned and injured. Cruel, extremely serious crime.In accordance with the provisions of Article 230 [-] and Article [-], Paragraph [-] of the "Criminal Law of the People's Republic of China", the verdict: Defendant Nie Shengping committed the crime of intentional homicide and was sentenced to death and deprived of political rights for life.

After the verdict was pronounced, the defendant Nie Shengping did not appeal, nor did the procuratorate lodge a protest, and the criminal judgment took effect.The Intermediate People's Court then reported the case to the Supreme People's Court for approval, and after review, the Supreme Court approved the death penalty.

On this day, Zhou Ying knocked on the door and walked into Fang Yi's office.

"Lawyer Fang, the summary of Nie Shengping's case has been sent to you. Please check if you need to revise it." Zhou Ying reminded Fang Yi when she saw Fang Yi sitting on a chair and looking out the window in a daze.

"Okay, I'll take a look later." Fang Yi came back to his senses and looked at Zhou Ying: "The case of Nie Shengping reminds me of the public trial in the village threshing field when I was a child."

"Public trial?" Zhou Ying looked at Fang Yi suspiciously, obviously not quite understanding what the public trial he was talking about was.

"When I was young, people went to the village to show movies every week. Whenever a movie was shown, the villagers would take benches and chairs to the threshing ground of the production team, just like watching a concert now. When it gets dark The movie started broadcasting, and everyone, young and old, watched it with gusto.

Of course, the village will also come to show movies now, but there are fewer people watching them. Only the elderly will go to see them, and the shows are all old dramas and old movies.

I remember that one year, everyone in the village ran to the threshing ground. I thought there was going to be a movie again, so I followed.The result was a public trial meeting.

On the earthen platform, two police officers were escorting a young woman, and next to them were people from the court holding a microphone and reading the verdict in front of the villagers.

I remember that the woman put rat poison in her mother-in-law's meal because of the bad relationship between mother-in-law and daughter-in-law, and was later sentenced to death.At that time, the villagers looked at the woman on the stage, some scolded, some hated, and some made sarcastic remarks.It is said that the woman and the mother-in-law are very domineering in the village, and the two belong to the point of the needle. "

"Lawyer Fang, do you often hold public trial meetings?" Zhou Ying asked with a blink of an eye.

"It's as if someone in our village commits crimes every day." Fang Yi looked at Zhou Ying with dissatisfaction.

"No, that's not what I meant..." Zhou Ying looked embarrassed.

"The cases that can be dragged to the village for public trial are all cases that have a particularly large impact in the local area, not every year. If it happens every year, it will be fine!" Fang Yi said with a smile.

"Oh, that's it." Zhou Ying nodded.

"When will your trainee lawyer certificate expire?" Fang Yi changed the topic.

"It's coming soon, it's due in April this year, and then apply for a red book (lawyer's certificate)." When the matter of becoming a regular was mentioned, Zhou Ying looked excited.

"How is it? Have you met the conditions for regularization?" Fang Yi asked.

"No problem. I did a lot of cases last year. They were actually handled by lawyers, not in name. I heard that trainee lawyers in other law firms worked for a year, but they didn't get a few cases. The lawyer is just a name, and has never been in the court at all, and has never done any non-litigation projects." Zhou Ying said with a proud face.

"This is just the first step. It's not easy to mix in the lawyer circle. It's up to the master to lead you in and practice, and it's up to you in the future.

In fact, if you do a hundred cases with Master, it is not as good as you handle one case by yourself. Only when you have handled a case by yourself can you truly complete the role change and grow rapidly.

So I would like to give you a suggestion. After you get your lawyer’s license, do more cases and do it yourself. If you don’t understand something, you can ask us, but you must think independently before asking. "Fang Yi said solemnly.

"Well, don't worry, I've already thought about it. When I get my lawyer's license, I'll do legal aid for a while to practice my skills, and then I'll find some simple cases to do. Take your time.

Lawyer Huang said that being a lawyer is like learning to drive a car. You have to practice more and do more, and you will be fine after a long time. "Zhou Ying laughed.

After the first month of the month, the team’s cases gradually increased. Three lawyers from the litigation department of Wankefa’s team left, two of them were due to poor professional ability, and one was due to poor conduct, and charged extra fees to the client.

Wan Kefa was not in a hurry to recruit lawyers. Fang Yi guessed that he was waiting for the trainee lawyers to become regulars and wanted to select candidates from this batch of trainee lawyers.

After finishing Nie Shengping's case, Fang Yi took on two interview jobs and earned some pocket money.

(End of this chapter)