Lawyer

Chapter 98 Criminal Trial 1
After a while, under the escort of the judicial police, the defendant Zhao Yutian walked to the court in handcuffs and shackles, and sat in the dock.

Fang Yi glanced at Zhao Yutian, his expression was still so dull, his eyes dull, he sat down and lowered his head slightly, not looking at anyone.

After completing the previous procedures, the presiding judge looked at the public prosecutor: "The court investigation is now underway, and the public prosecutor is asked to read the indictment."

The ponytailed female prosecutor picked up the indictment: "Defendant Zhao Yutian, male, resident ID number...

The investigation of this case was concluded by the Municipal Public Security Bureau, and the defendant Zhao Yutian was suspected of intentional homicide, and was transferred to this court for review and prosecution on January [-], [-].After accepting the case, the court informed the defendant the right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment the next day, interrogated the defendant according to law, and reviewed all case materials.

The legal investigation revealed that:
At around [-] a.m. on December [-], [-], defendant Zhao Yutian was selling fruit without a license in front of the gate of Yulong Community, and clashed with Liao Yaoguang, head of the County Urban Management Brigade, who was carrying out management work, and his colleagues. , during the conflict, the defendant stabbed Liao Yaoguang seriously with an apple-peeling pocket knife, and Liao Yaoguang died on the way to the hospital.

The defendant fled after stabbing Liao Yaoguang, and then went to the County Public Security Bureau to surrender himself.

The evidence for the above facts is as follows:
[-]. A folding knife used by the defendant to stab Liao Yaoguang;
[-]. The defendant's confession and defense;

[-]. On-site inspection (inspection) transcripts and appraisal reports;
[-]. Surveillance video of Yulong Community.

The above-mentioned evidence collection procedure is legal, and the content is objective and true.The defendant, Zhao Yutian, had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court believes that the defendant Zhao Yutian intentionally stabbed a public official, and his behavior has violated the provisions of Article 230 of the "Criminal Law of the People's Republic of China".

In view of the fact that the defendant deliberately killed law enforcement officers in public, it is recommended that Zhao Yutian be sentenced to death and executed immediately.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.

Fang Yi listened to the prosecutor read the indictment, and the pencil in his hand kept writing on the defense statement, remember.According to past experience, defendants who kill public officials in public are generally sentenced to death and executed immediately, but since the Cui case in [-], this situation has changed slightly, and some people have been sentenced to death with a reprieve.

But looking at today's posture... Fang Yi wondered if he could save Zhao Yutian's life.

"Defendant, 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 Zhao Yutian who was sitting in the chair in front of him.

Zhao Yutian looked up at the judge with blank eyes, and said in a low voice, "Listen clearly, I have no objection."

"Does the public prosecutor need to interrogate the defendant on the criminal facts charged in the indictment?" the judge continued.

"No need to ask." Prosecutor Chen said.

"Does the defendant's defender need to ask the defendant questions?" the judge looked at Fang Yidao.

"Need." Fang Yi looked at Zhao Yutian: "Defendant, what happened on the day of the incident, can you tell me about the situation at that time?"

Zhao Yutian didn't look at Fang Yi, and his voice was emotionless: "I was selling apples at the gate of a community that day..."

Fang Yi listened quietly, what Zhao Yutian said was consistent with what he said before.

"What did you think at the time, why did you hurt someone with a knife?" Fang Yi asked.

"At that time they wanted to take away my tricycle. This tricycle is my life. I want to rely on this car to do business and make money to buy New Year's goods for my grandma. He robbed my car, so I rushed up with a knife and stabbed it. he.

I don't want to kill him, I just want to get my tricycle back..." Zhao Yutian's eyes were dull, and he lowered his head after speaking.

Fang Yi stopped asking questions and looked at the judge: "I'm done asking."

"Next, I ask the public prosecutor to present the evidence," the judge said.

"The first piece of evidence, the pocket knife, was identified by fingerprints and DNA. The fingerprints on the pocket knife belonged to the defendant, and the blood stains belonged to the victim. The defendant stabbed the victim seriously with this knife;

The second piece of evidence, the defendant's confession and defense, proves that the defendant believed that he stabbed the victim seriously with a jackknife;

The third piece of evidence, the on-site inspection (inspection) transcript and identification report, proved that the crime scene was at the gate of Yulong Community, and the victim died of excessive blood loss after being stabbed by the defendant in the aorta;

The fourth piece of evidence is the surveillance video of Yulong Community, which recorded the whole process of the case, and we applied to play the content of the video in court. "The female prosecutor with ponytail read out the evidence one by one.

The court played the surveillance video of Yulong Community in court. Yulong Community is a high-end community, and the surveillance equipment is really high-definition. The scene is clear. There are five or six urban management officers on the scene. After arguing with Zhao Yutian for a while, suddenly Zhao Yutian He grabbed the folding knife on the car and stabbed a fat man in uniform, then the fat man fell to the ground, Zhao Yutian ran away and disappeared.

"What objections does the defendant have to the evidence?" the judge asked after the surveillance video was played.

"No objection." Zhao Yutian said.

"What is the defense's opinion on the evidence?" asked the judge.

"I have no objection." Fang Yi said.

This case is relatively simple, all the evidence is against the defendant, and the defendant has no objection to the evidence, this is what Fang Yi thought of long ago.

"Does the defendant's defender have any evidence to submit?" the judge asked.

"There is evidence to be presented.

The first piece of evidence, the certificate issued by the village committee where the defendant lives, proves that the defendant’s family life is difficult. Since the unit he worked for closed down, his family can’t make ends meet. At first he and his grandmother lived by picking up waste, and later they rode three-wheeled vegetables to sell vegetables. Selling vegetables along the street, although life is not easy, but the defendant never thought of stealing or robbing others, and still earns his living.The defendant is recognized as a responsible person in the village.

The second piece of evidence is a certificate issued by the police station, which proves that the defendant has never committed a crime before, nor has he received any administrative punishment, and has always kept himself safe.

The third piece of evidence is the certificate issued by the school, which proves that the defendant never had a fight during his schooling, studied hard and had no bad habits. "Fang Yi said.

Originally, Fang Yi wanted the village to submit the certificates of the village committee to the court, but later he asked the village committee to cooperate and follow him to the school and the police station to issue several certificates. Fang Yi submitted all the certificates as evidence to the court. court.

"What is the public prosecutor's opinion on the evidence presented by the accused?" the judge asked.

"No problem." The ponytailed female inspector said.

(End of this chapter)