Lawyer

Chapter 99 Criminal Trial 2
"The facts of this case have been investigated clearly, the court investigation is over, and now the court debate will begin. The public prosecutor and defender are invited to debate around the disputed facts and how to apply the law.

Prosecutors are invited to present their arguments. said the judge.

"We believe that the defendant Zhao Yutian stabbed a public official performing his duty in the street, resulting in the death of the public official. The evidence is conclusive and the defendant confessed. The defendant's behavior constitutes the crime of intentional homicide. We recommend that the defendant be sentenced to death. Execute immediately." The ponytailed female inspector said.

"The defendant expresses his defense opinion." The judge looked at Zhao Yutian.

"I killed people, but I didn't kill people intentionally. I admit my guilt." Zhao Yutian's eyes remained dull, looking very calm.

"The defender expresses his defense opinion." After the judge finished speaking, he gave Fang Yi a cold look.

"Dear presiding judge and judges of the collegial panel:
I am entrusted by Zhao Yutian, the defendant in this case, to assume the obligation of legal aid and act as his defender.Before we make our statement, please allow us to express our condolences for the victim's unfortunate death, and hope that the victim's family can accept my sincere greetings as a defender.

(The deceased is the big one. As a defender, express condolences to the victim before expressing his defense opinion. At least it can make the family members feel respected, and will not intensify the conflict. At the same time, it will also pave the way for the next defense opinion, so as not to lead to conflicts. to the lawyer)
Regarding the indictment, combined with today's court investigation, I would like to express my opinion as follows.

I. The indictment accuses the defendant of intentional homicide as unreasonable

Judging from the cause of the case, the defendant and the victim were strangers to each other, let alone enmity.From the surveillance video provided by the public prosecutor, it can be seen that the scene suddenly fell into chaos. Both parties were quite excited, and there were some pushing and shoving behaviors. When he was caught, he picked up the folding knife on the tricycle and stabbed him forward in desperation.

Judging from the video provided by the public prosecutor, the defendant's assassination was not aimed at the victim, but a random assassination in desperation, in order to get rid of the entanglement of the people around him.Under such circumstances, it is obviously unreasonable to accuse the defendant of having the intent to kill the victim.

[-]. The knives used by the defendant are not controlled knives

The defender reminded the collegial panel that the knife used by the defendant to stab the victim was not a controlled knife specially bought for fighting, but a folding fruit knife, which can be bought in the market for five or six yuan each.

It can be seen from the video that in the extremely chaotic situation at that time, the defendant did not know where and where the knife would stab in desperation.Therefore, the defendant did not have the subjective intention to intentionally kill the victim at all.The assassination of the victim was not the result of the defendant's deliberate pursuit.

[-]. The defendant voluntarily surrendered

After the incident, the defendant left the scene of the crime not to escape the crime, but to go to the public security organ to voluntarily surrender, and the transcript submitted by the public prosecution organ contains relevant records.

After the defendant was brought under control, he asked about the victim's situation. When he heard about the death of the victim, the defendant regretted it very much and wrote several letters expressing his apologies to the victim's family. Subjectively, the victim is not expected to die.

[-]. Crimes of Passion

The defender believes that this case is a typical crime of passion.In desperation, the defendant suddenly stabbed forward with a folding knife.His behavior is completely dominated by strong emotions and is a crime for self-protection.

[-]. The defendant is sympathetic
During the trial, the defender submitted to the court certificates issued by the village committee, the school, and the police station, which could prove that the defendant had always behaved well, had no fights, no previous convictions, and no violent tendencies.Although life was difficult, the defendant did not complain, nor did he have the desire to cheat, cheat, abduct, cheat or rob, and relied entirely on himself to support himself.

The defendant came to the county to sell fruit because he was forced by life. Although he tried his best, his life was still difficult and his income was meager.

Despite the hardships of life, the defendant always maintained a kind and simple heart. No matter how poor he was, he never stole, robbed, or harmed others for profit.

To sum up, the evidence of the charge charged by the public prosecution organ is insufficient, and the charged crime cannot be established. "Fang Yi took a deep breath and adjusted his emotions. This is a life.

"Has the defender finished expressing his opinion?" The presiding judge asked Fang Yi not expressing his opinion.

"It's not finished." Fang Yi felt that he should say something else, otherwise he would always feel panicked: "My client is just a humble peddler who sells pulp in a city called civilized.

As a lawyer and defender, I really want to ask all judges and prosecutors, when a person sees his only livelihood being broken and is about to have nowhere to go, and facing a desperate situation, please think about it with your heart, will you More calm and patient than the defendant? !

As lawyers, is our ultimate goal to make this society more harmonious, or to make it more tragic?
You only have one life!
Finished speaking. "

After Fang Yi finished speaking, the huge court fell silent. To live or die, this is an eternal question.

If the defendant is vicious and vicious, the judge will sentence him to death without any psychological pressure and execute it immediately.But today's defendant is an ordinary person who is so ordinary that he can't be more ordinary. He has neither a vicious face nor a ruthless heart. The judges of the criminal court are silent, and there is no standard answer in the law to the questions raised by the defender.

In the end, the presiding judge broke the silence: "Do both parties have any additional arguments to be made?"

"No." Both parties replied.

"The court debate is now over. According to Article 160 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to make a final statement. The defendant, Zhao Yutian, is now up to you to make a final statement to the court." A trace of confusion flashed in the judge's eyes. .

"On the day of the incident, my grandma learned that I had a cerebral hemorrhage after killing someone and left. I not only killed the victim, but also my grandma. My impulse ruined two families. Now I There is no home anymore..." Zhao Yutian couldn't restrain himself any longer, tears poured out like a flood, and he couldn't make a sound.

……

"After a public hearing, the court conducted court investigations and court debates, heard the allegations of the public prosecutor, the opinions of the defendant, the defense and statements of the defendant, and the defense opinions of the defender, and the court hearing is over.

Now the court is adjourned for 15 minutes, the collegial panel will conduct deliberations, and the verdict will be pronounced in court later, and the defendant will be taken out of the court. "After the presiding judge sounded the gavel, the collegiate panel withdrew from the court collectively.

(End of this chapter)