Lawyer

"Let me express my opinion first, and throw a brick to attract others." Yun Qiao swallowed the orange in her mouth, took out a wet tissue and wiped her hands: "I don't think that assisting suicide can be equated with intentional homicide, and there is no express provision in the "Criminal Law" Under such circumstances, it is debatable to determine that assisting suicide constitutes the crime of intentional homicide.

Especially in the case of this case, the defendant did not have any acts of instigation or mental coercion.The defendant only carried out the helping behavior when the victim could not bear the pain and asked to help him buy pesticides.Moreover, the victim drank the pesticide by himself, the defendant did not force it, and the victim had the right to choose whether to live or die.

This case reminds me of the "euthanasia" controversy a few years ago. Don't ordinary people even have the right to choose death?Do you have to stand up and contribute to the hospital?

I read the online reports about this case, and to be honest, I was in tears after reading it. I think the defendant Rong Yang is a dutiful son.If it were me, I wouldn't choose indifference, and I probably would.

In my opinion, the purpose of the law is to maintain order, but it would be biased if we demand order too much without considering the particularity of this case.

This is the true thought in my heart, although it may be more emotional than rational, but... I can't vomit. "

The veteran lawyers in the team knew what kind of character Yun Qiao was. Almost every time she analyzed the case, she would choose to speak first to stir up the atmosphere.

But this time, everyone heard different voices. This is a speech from a female lawyer who is more emotional than rational. She did not suppress her emotional side too much. Article narrative.

Fang Yi was taken aback. He also felt that Rong Yang was a dutiful son. His behavior was different from ordinary criminal behavior, but his rationality told him that the choice of death might not be in the hands of ordinary people, such as euthanasia.

Everyone in the office fell silent.

"Old Meng, what do you think?" Half a minute later, Fang Yi looked at Meng Guangda who was sitting on the sofa.

"Well, the case sponsored by Lawyer Du has been widely uploaded on the Internet, and the social attention is very high. I saw the report of this case on the Internet last week. I also discussed this case when I was chatting with Yu Wendong.

Theoretically speaking, assisted suicide refers to the behavior that the perpetrator gives spiritual encouragement to the other person who has already committed suicide, making him firm up his suicide intention, or providing material help to make him realize his suicide intention.

From the above conceptual analysis, assisted suicide is different from direct murder.

If the defendant directly commits homicide, even at the request of others, the theoretical and practical circles generally believe that it should not be considered as assisted suicide and constitutes the crime of intentional homicide.

However, whether the act of merely providing assistance without directly committing homicide should be considered as intentional homicide is controversial in both theoretical and practical circles. "Meng Guangda said.

"Brother Da, what's your final opinion? Don't be so cloudy, give me your final opinion. I still have to make a record." Yun Qiao urged with a stern smile.

She may feel that the atmosphere in the office was too depressing just now, and she needs to liven up the atmosphere.

There were no more than three people in the whole team who dared to talk to Brother Da so bluntly, among them was Yun Qiao, and the remaining two were Boss Fang and Zhou Ying.

In fact, it’s not how majestic Meng Guangda is, and he doesn’t have human hair growing on his body, but because he is relatively old in the team, and everyone respects him, especially after his fame has grown recently. Cooperate with his personality design, and establish his image as an expert to the outside world.

To be honest, Meng Guangda didn't like this feeling, it seemed that the distance between himself and everyone was getting farther and farther, and he felt that he was too cold to be at a high place.On the contrary, it was Yun Qiao's nonchalant attitude that sometimes made fun of him, which made him feel very close.

Hearing Yun Qiao's words, Meng Guangda stroked the sparse hair on top of his head habitually, and continued: "My point of view is that assisting suicide constitutes the crime of intentional homicide. The reason is: there is a causal relationship between assisting suicide and the result of death. violated the right to life of the deceased.”

"Well, I agree with Da Ge's point of view. In principle, the act of assisting suicide should also constitute the crime of intentional homicide. My reason is that the act of assisting suicide meets the characteristics of the crime of indirect intentional homicide.

"Sui Xia, what do you think?" Fang Yi clicked on Sui Xia's name, wanting to hear her opinion.

Everyone knows that she has worked in the procuratorate for a while, and her way of thinking has work inertia. When discussing the case, everyone basically assumes that she is the role of the public prosecutor, and listens to her opinions to improve their own defense opinions.

"I think that in this case, the defendant, Rong Yang, knew that the pesticide was highly toxic, but still handed the blended pesticide to his mother, Lu Yanlan. Rong Yang subjectively took a laissez-faire attitude towards Lu Yanlan's death, which met the subjective conditions of the crime of intentional homicide. At the same time, Rong Yang objectively committed the act of illegally depriving others of their lives, which meets the objective conditions for the crime of intentional homicide." Sui Xia stopped writing in her hand and spoke.

Although she is very easy-going on weekdays, she is very capable when discussing the case, and she will not be sloppy in expressing her opinions, which is the complete opposite of Meng Guangda's quotations.

Subsequently, Song Hui and others also expressed their views one after another.

"Lawyer Du and I analyzed this case before, and we agreed that the defendant's behavior constituted the crime of intentional homicide. Lawyer Du, please tell everyone the reason." Fang Yi saw that everyone had expressed their opinions. Look at Du Yong.

"Okay, I'm the sponsoring lawyer, I've been in touch with the case for a longer period of time, and I've gotten more information. We believe that the defendant constituted the crime of intentional homicide on the grounds that:

First, Rong Yang committed the act of illegally depriving others of their lives.

Rong Yang is obliged to support his mother, Lu Yanlan.Lv Yanlan was tortured by illness. When she asked her to help her buy pesticides to commit suicide the last time, Rong Yang not only did not dissuade her, but instead bought pesticides for her. condition.

After Lv Yanlan took the pesticide, Rong Yang did not actively rescue her, but watched Lv Yanlan die of poisoning.Although Rong Yang did not carry out the act of dosing, but from the nature of analysis, his act is an act of illegally depriving others of life.

In addition, whether or not Rong Yang was forcibly drugged is an important basis for us to judge his criminal motive and whether he assisted suicide or directly murdered.

Regarding this issue, in terms of direct evidence, there is only the defendant’s confession, while in terms of indirect evidence, the on-site inspection transcripts, forensic medical autopsy testimonials, etc. all confirm that the victim did not engage in fierce resistance or struggle before death.

Therefore, based on the evidence on file in this case, we believe that Rongyang did not implement forced dosing.This is beneficial to the defendant.

Second, there is a causal relationship in the sense of criminal law between Rong Yang's behavior and the death of his mother Lv Yanlan.

Previously, Lv Yanlan had the idea of ​​committing suicide due to unbearable pain and suffering, but she was unable to commit suicide because she was bedridden.

At Lv Yanlan's request, Rong Yang provided pesticides to Lv Yanlan knowing that the pesticides were highly toxic.Although he only handed the pesticide to Lv Yanlan, he knew that after Lv Yanlan took the pesticide, it would inevitably lead to death.Therefore, there is a causal relationship in the sense of criminal law between Rong Yang's act of providing pesticides and Lv Yanlan's death.

Third, Rong Yang's behavior is criminally illegal, and there is no reason to prevent it from being illegal.

Aiding suicide involves the victim's commitment in criminal law theory.The victim's commitment refers to the behavior that damages the rights and interests of the obligee with the permission of the obligee.

The Roman jurist Urbian once said, "No harm will be caused to the person who intends", that is to say, when the perpetrator commits a certain harm, if the behavior and the result are exactly the behavior and result the victim intended , then there is no problem of infringement on the victim.This shows that the victim's commitment has a certain influence on the identification of illegality in the traditional concept.

In fact, I personally sympathize with the defendant in this case.

However, in the contemporary criminal theory system, there are certain restrictions on the victim's commitment as an illegal deterrent.

Generally speaking, apart from national interests and social public interests, even private rights that are purely individual citizens are not completely free to dispose of by the subject of rights.For example, the right to life cannot be freely disposed of, and killing someone with the consent of the victim still constitutes the crime of intentional homicide.

Our current "Criminal Law" does not specifically provide for the victim's commitment.In judicial practice, in the case of intentional homicide with the victim's commitment, in principle, the victim's commitment is not used as a reason to prevent the crime of homicide, but it can be used as a reason to reduce criminal responsibility.

To sum up, in this case, although the defendant Rong Yang's assisted suicide was carried out at the request of his mother, Lv Yanlan, the criminal nature of his behavior cannot be ruled out because the right to life he infringed on exceeded the scope of the victim's promise of punishment. , still constitutes the crime of intentional homicide. "Du Yong explained his point of view.

"Actually, I am more concerned about how the defendant Rong Yang will be sentenced if he commits the crime of intentional homicide.

To be honest, I also sympathize with the defendant in my heart. Seeing that Du Yong had finished expressing his opinion, Song Hui took over the conversation.

"This is the issue we will discuss next." Du Yong said with a serious face: "Since providing defense for the defendant, it is my duty to persuade the court to reduce the punishment of the defendant when the charges are confirmed. It’s also my focus.”

Song Hui understood Du Yong's feelings very well. He clearly knew that the defendant was a filial son, but he was powerless to clear him of the charges. He had to settle for the next best thing and choose the lesser crime defense. This is the most realistic and the most desirable at present. defense plan.

"Article 232 of the "Criminal Law" stipulates that if the circumstances of intentional homicide are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than [-] years. However, there is currently no clear judicial interpretation of what is meant by 'minor circumstances'.

From my experience, in judicial practice, the judiciary generally regards murder in righteous indignation, homicide with excessive self-defense, assisted suicide, and drowning by a biological mother because she is unable to raise her own baby as intentional homicide. .

Therefore, I suggest that Attorney Du can start from this aspect. Coupled with the large number of positive comments on this case on the Internet, the hope of success is relatively high. "Song Hui suggested.

The team's lawyers offered advice and did not leave until after get off work.

……

This afternoon, Fang Yi was busy with his head down, when there was a knock on the door, and a round-faced male lawyer came in.The lawyer Fang Yi knew him well and knew that he was a lawyer in the legal aid team, but he didn't know his name.

"Hello, Lawyer Fang. I'm Zhou Yuanzhong, a lawyer from the legal aid team." The round-faced male lawyer introduced himself after entering the door.

"Hello, Lawyer Zhou, what can you do for me?" Fang Yi looked at him curiously.

"Our legal aid team wants to recruit a paralegal, and I would like to recommend someone for this position. I went to Director Wan just now, but Director Wan asked me to come to you." Zhou Yuanzhong waited for the answer with a sincere face. .

"Oh? Give me your resume." Fang Yi saw that he was holding a piece of A4 paper in his hand, which should be his personal resume.

Zhou Yuanzhong hastily handed over the resume in his hand: "Lawyer Fang, this person doesn't have a high degree of education, and he has some criminal records before, but I still hope you can give him a chance."

"Well, let me take a look first." Fang Yi didn't agree to him, nor refused, but just looked at him with a smile.

Zhou Yuanzhong didn't know Fang Yi well, so he left the office after expressing his thanks.

The paralegals recruited by the legal aid team are, to put it bluntly, just odd jobs with little technical content. Many of the jobs are skilled jobs with low wages. This kind of work is not considered by law graduates at all.This matter was mentioned by Wankefa once at the partner meeting.

Fang Yi didn't understand why Attorney Zhou recommended a person with a criminal record.In addition, he couldn't figure out why Wankefa would send Zhou Yuanzhong to him as a small legal assistant. Could the personnel department not handle it?

Fang Yi habitually picked up his resume and glanced at it. The name of the person on the resume was Ma Sida. He was 23 years old and started walking around the streets after graduating from junior high school. After a year and a half in prison, he came out for only half a year.

Judging from his resume, this Ma Sida is a typical gangster.Fang Yi didn't have a good impression of this kind of person, so he threw his resume aside and continued to work.

After more than an hour, Fang Yi finished the work at hand. He saw the resume again, and suddenly realized a problem. Why didn't Wan Kefa directly refuse this kind of thing, and let him handle it?
Although Fang Yi has been promoted to deputy director of the law firm and has taken over part of the management work, Wankefa has been handling the personnel work himself, so why did it suddenly fall on him?

Fang Yi looked at the resume in his hand, and really couldn't see anything special. If he had to say something special, it might be that the person recommended was special. This was the worst resume he had ever seen since he entered the industry. Although he saw The number of resumes passed is limited to those of team lawyers and trainee lawyers.

Nothing happened, Fang Yi picked up his mobile phone to call Wang Deyou, and asked him to come to the office for tea. (end of this chapter)