Lawyer

Chapter 713 All Ghosts and Snakes Come Out
"Under the circumstances at the time, if the defendant Tan Peicai did not resist or fled quickly, it could not be ruled out that he might suffer more serious harm. Tan Peicai's choice to stab the victim with a knife at this time was defensive, not pre-defense.

The public prosecution agency believes that the victim's behavior of beating the defendant's mouth is not an unlawful infringement, and only the act of beating with a weapon or beating a person with more than a minor injury is an unlawful infringement, which obviously confuses the distinction between the preconditions and limit conditions of legitimate defense.

The limiting condition of justifiable defense means that based on the purpose of stopping illegal infringement, the defense must not obviously exceed the necessary limit and cause significant damage.

In other words, it is meaningful to analyze the degree of unlawful infringement only when judging whether the legitimate defense obviously exceeds the necessary limit. The degree of unlawful infringement is only a criterion for judging whether the defense is appropriate, but it is by no means a prerequisite for whether the defense can be carried out.

In addition, according to the provisions of the "Criminal Law", unless the defender can implement unlimited defense against ongoing violent crimes such as assault, homicide, robbery, rape, and kidnapping that seriously endanger personal safety, the measures taken against other ongoing illegal infringements All defensive measures must not be significantly more than necessary and cause significant damage.

In this case, the defensive behavior carried out by the defendant Tan Peicai has already caused the unlawful infringer Wei Runquan to be seriously injured, which can be regarded as "causing significant damage" from the result.

The illegal infringement suffered by the defendant Tan Peicai was only a slap in the mouth, and it was not a violent crime that seriously endangered his personal safety. Therefore, he should not take defensive measures that obviously exceeded the necessary limit.

However, Tan Peicai stabbed the victim's chest with a switchblade, causing serious injuries to the victim. The defensive behavior obviously exceeded the necessary limit. According to law, it should be deemed as excessive defense and should bear criminal responsibility for excessive defense, but the punishment should be reduced according to law. .complete. " Fang Yi replied.

……

In the auditorium, Peng Huayan was always paying attention to the defense opinions expressed by both the prosecution and the defense. Although she did not understand criminal regulations, from the perspective of an ordinary person, she felt that Fang Yi's defense opinions were more convincing to her than the prosecutor's opinions. , of course, subjective factors are not excluded here.

"... 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:

When the defendant, Tan Peicai, was illegally assaulted by the victim Wei Runquan on his way home from get off work, he took out a switchblade and stabbed the victim Wei Runquan, causing him serious injuries. His behavior constituted the crime of intentional injury.

Wei Runquan did not use a murder weapon when beating the defendant Tan Peicai, and his infringement did not reach the level of posing a threat to Tan Peicai's life, but Tan Peicai used a murder weapon to fight back, causing serious injuries to the victim, and his defensive behavior obviously exceeded the necessary limit , is an excessive defense and should be punished in accordance with the law.

In accordance with the provisions of the second paragraph of Article 230, the second paragraph of Article No. 20, and Article 60 of No. [-] of the Criminal Law, the judgment: the defendant Tan Peicai committed the crime of intentional injury and was sentenced to one year in prison; A switchblade was confiscated. " said the presiding judge.

Fang Yi had made Peng Huayan and Tian Caiying very clear before. Peng Huayan and Tian Caiying did not have that high expectation for the verdict. Basically, as long as it is within three years of imprisonment, they can accept it. Of course, the lower the better.

After the criminal verdict was issued, Fang Yi came to the detention center again and met with Tan Peicai.

"I got the verdict yesterday, do you need to appeal?" Fang Yi looked at Tan Peicai who was opposite, and found that his spirit was much better than when he was in court.

"I will not appeal. I accept the judgment." Tan Peicai did not hesitate.

"Well, as long as the public prosecution agency doesn't protest, your case will be closed. You have been detained for more than three months before, and after your sentence is paid off, you can serve another eight months before you can be released.

Mr. Peng asked me to tell you that everything is fine at home, and when you come out, she will arrange you to another company, where you will serve your sentence well. "Fang Yi said.

"Well," Tan Peicai nodded, and suddenly asked after a while: "Lawyer Fang, do you think I really did something wrong?"

After a moment of silence, Fang Yi said: "There is no way to look back on this kind of thing. The limit of self-defense stipulated by law is impossible to achieve in many cases, because you can't control the rhythm of the crime scene.

For example, in your case, if you didn't use a knife at the time, maybe the defendants are those three people now, and you may be lying on a hospital bed now.

Some things are hard to say right or wrong, but once you do it, you have to bear the corresponding consequences. "

Tan Peicai nodded: "Yes, I understand, thank you."

Fang Yi originally thought that the case of Tan Peicai would be closed like this, but unexpectedly, the procuratorate went all the way to the black and filed a protest.

The procuratorate held that the defendant Tan Peicai subjectively had the intention of fighting, and the victim's illegal infringement did not have the seriousness and urgency of harming the person, and Tan Peicai's behavior did not belong to justifiable self-defense.

Fang Yi received another 5 yuan in lawyer fees. After the trial, the second-instance court agreed with the first-instance court, and finally ruled: reject the protest and uphold the original judgment.

……

Since Ma Yi finished talking with Fang Yi last time, Fang Yi has been busy talking about Peicai's case. Not long after the first instance verdict of the Peicai case, lawyer Zhao from Hua Liancheng's team asked Fang Yi to have dinner at A private restaurant with better privacy.

"Lawyer Fang, there is no other purpose in asking you to have dinner today. The main reason is that I always asked you to discuss the case before, which took up a lot of your time, so today I specially serve wine to express my gratitude." Lawyer Zhao said with a smile: "I respect you first." You have a glass." After speaking, he raised his glass.

Fang Yi smiled, clinked glasses, and drank it down in one gulp.

After Fang Yi put down his wine glass, he ate and chatted with Lawyer Zhao. After three rounds of wine and five flavors, Lawyer Zhao felt that the preparation was almost done, so he pretended to be very casual and asked, "Lawyer Fang, what are your future plans?" ?”

"I'm just a small lawyer. What plans do I have? Continue to work as a lawyer in the firm and make money." Fang Yi pretended to be stupid.

"That's not what you said, you don't want to get more resources?" Attorney Zhao picked up the bottle and poured Fang Yi a glass of wine.

"As you said, no one wants to get resources and make money, but I am a third-level partner, and the resources in the firm can't reach me at all, and I can't even touch them." Fang Yi smiled wryly.

What he said was half true and half false. He really couldn't get the resources of the firm, but Wan Kefa had let him contact some of the resources in the firm before, and he also handled several criminal cases with high fees.The reason why Fang Yi said that was because he faintly sensed that Lawyer Zhao had something to say.

This reminded him of what Ma Yi said to him before, when the upper echelon of the law firm was in turmoil, all ghosts and monsters came out.

(End of this chapter)