28 December 2004, 6.37 p.m. West X Campus.

When Professor Cheng was taking an elective class, in the minutes before class, a fourth-year student named Fu Chengli, armed with a kitchen knife, rushed into the classroom and slashed him on the podium on the spot.

It's hard not to make a splash about this kind of public thing, and after just a few minutes, the whole school knows about it.

When Gu Mojie heard the news, he suddenly felt a feeling of unpredictability, and he couldn't even mention the sudden feeling of revenge. Still, he did his best to find out enough information.

……

After 48 hours of preliminary investigation, people with access have obtained some insider information.

The investigation and trial of a criminal case is not, as many laymen think, after the two sides have obtained evidence in their favor, they can secretly hide it and wait until the court session to carry out a surprise attack.

What evidence has been obtained, there will be a stage of evidence exchange before the trial, and the other party will first announce it to each other, so that the other party knows what your side is going to submit when the court is held, so that the other party also has enough time to prepare counter-evidence. Evidence that has not been indicated by an exchange of evidence is not allowed to be presented suddenly at the time of the trial.

Normally, the exchange of evidence will take place after the investigation stage is completely over, but in a humane society like China, as long as you have money and means, it is still easy to know in advance.

Gu Mojie asked Feliro to call her aunt, and Vivien Leigh sent her most competent criminal litigation lawyer to help her follow—although their law firm did not receive the suspect's retainment, they could take the initiative to mediate at their own expense.

The suspect Fu Chengli is a poor student from a northeastern province who has little money at home, and if this kind of thing happens, it is estimated that he can only rely on judicial aid channels to appoint a defense lawyer in the end. If anyone from a law firm is willing to take the initiative to take the job cheaply, there should be no one to steal the business.

In 04 and 05, the cheapest case only earned 35,000 yuan, and the general one was 10,000 or 20,000 lawyer fees.

The criminal prosecution lawyer arranged by Vivien Li is named Wang Kaiwen, a man in his mid-35s. well-dressed; He used to be a lawyer who graduated from the Law School of Qianjiang University and completed his master's degree.

Because Fei Liluo has interned in the same institute for several years, she is quite familiar with Wang Kaiwen; Gu Mojie had met this person a few times before, but he didn't have a friendship.

knew that Gu Mojie cared about the progress of the case. After Wang Kaiwen got enough dry goods, he asked Gu Mojie to meet at a café near Fenghe Yayuan and asked for a private room. Even Feliro was with her.

Wang Kaiwen took out some files, pointed straight to the point, and said:

"It's clear. That Fu Chengli is a sling with no ability, there is no doubt about this. He chased a girlfriend. The woman was still disconnected from Professor Cheng, and he didn't have the ability to snatch the woman back, so he killed Professor Cheng and killed him. He repeatedly stressed in the detention center that he had been planning for a long time, not on the spur of the moment. Therefore, the conditions for a lenient sentence of 'murder in passion' are not met, and if there are no other mitigating elements, this person will be executed immediately. ”

Gu Mojie and Fei Liluo glanced at each other, obviously not satisfied with this answer, Gu Mojie asked, "Here." Isn't there any 'victim's fault'? As far as I know, 'the victim is at fault' and can be an element of a lenient sentence for a suspect in a murder case, right? Hasn't this Professor Cheng been married twice? And it's normal for people who come back from France not to be clean. There are no 'unspoken rules' or anything like that to be mined? ”

Gu Mojie asked this, and he was also preconceived. Professor Cheng's attempt to poison Feliro made Gu Mojie take it for granted that the other party was a beast for a while. Although Fu Chengli's murder had nothing to do with Gu Mojie, it was for the other party to objectively help Gu Mojie get angry after all; He still hopes to pull the other party when he can, and not let the other party be executed.

Wang Kaiwen shrugged his shoulders, pointed to a page of materials and said: "There are unspoken rules, and that is only a matter of morality." At most, it also involves professional ethics and abuse of power; But it definitely can't constitute the 'victim's fault' at the level of murder in criminal law - it can't be said that because he plays with women, he deserves to die, right? ”

Gu Mojie hurriedly agreed: "Of course, I didn't say that Professor Cheng should die." If there is an unspoken rule in this matter. If you dig it out and do official business, that is, the punishment of my brother's dismissal from public office, it is definitely not right to kill people. ”

Wang Kaiwen saw that Gu Mojie accepted this setting, and he also had a little more common language for Gu Mojie. As a lawyer, what I am most afraid of is talking to the "majority mob" because the two of them are in different channels. I can't say it. Gu Mojie's attitude obviously shows that he has read law in the past year and a half, and knows how to consider problems with legal thinking.

Wang Kaiwen sent Gu Mojie a few more messages.

"And it's worse than you think. The law is about evidence, not to mention proving the unspoken rules, and the professor should not die; The key now is that there is no evidence to prove that Professor Cheng has an unspoken rule - the 'girlfriend' that Fu Chengli said, and the testimony he came up with is very unfavorable to Cheng Li. ”

Gu Mojie took a sip of coffee: "What did that woman's confession say?" ”

Wang Kaiwen took out a copy of a page of his confession, pointed it and said: "That woman's name is Chen Yixin, according to her, Fu Chengli is not her boyfriend at all, the two have only tried to contact for a few months, and she has never had a relationship with Fu." She just couldn't bear to refuse to pay directly, so she couldn't stand it, so she was so ambiguous to keep a spare tire.

As for the relationship between Chen Yixin and Professor Cheng, Chen admitted it after repeated cross-examination. However, she did not admit that she had any relationship with Professor Cheng when she was admitted to graduate school, and her written grades were also qualified at the beginning, which was not flawed. According to Chen Yixin, the reason why she has maintained a long-term relationship with Professor Cheng is that she is completely 'attracted by Professor Cheng's personality charm', and has nothing to do with the unspoken rules. ”

Gu Mojie sneered, and couldn't help but sigh even more emotionally when dealing with Cheng Li's IQ:

If it's really your own woman who is sleeping with someone, and you want to fight with someone, it's still three-point bloody, right or wrong for the time being, whether you have the courage or not, and whether you have a plan or not. But at the moment, it seems that Fu is simply killing someone for a woman who has not slept with him, what kind of thing is this? Too impulsive.

And looking at the woman's confession, this is going to be put to death.

"It seems that Fu Chengli is dead?" Gu Mojie was a little unwilling, and finally asked.

"It's not a dead deal. In this kind of case, at the beginning, there are nothing more than three mitigating possibilities; 'Murder of passion' has been ruled out, 'the victim is at fault' has now been ruled out, not to mention other intermittent psychosis, too low, there is only one possibility left. ”

Gu Mojie leaned forward and asked, "What?" ”

Wang Kaiwen spread his hands: "The victim's family understands." ”

Fei Liluo was hung up in her appetite, and asked in a more substantiated manner: "Be specific." ”

"It is to let Fu obtain the forgiveness of Professor Cheng's widow, and let the wife of the deceased take the initiative to express her stance and not seek to execute the murderer -- in criminal law, not only can cases such as traffic accidents be mitigated in exchange for the forgiveness of the victim's family, but also homicide. It's just that in the case of this case, even if it is lenient, that is, from the immediate execution of the death penalty to the death sentence with a reprieve. ”

In the later Yao Jiaxin murder case, Yao's father tried to obtain the victim's family's forgiveness on the condition of paying a large amount of more money to the victim's family, and obtained a lenient element for his son, which was reduced from immediate execution to a suspended death. It's just that the family of the deceased in the drug case did not ask for compensation and refused to understand, so the medicine was finally executed. In homicide cases, it is true that there are cases where the victim's family forgives a lesser degree because of the victim's forgiveness.

Gu Mojie and Fei Liluo said in unison: "This is unlikely, right?" Could it be that the relationship between the husband and wife in front of Professor Cheng is not good? ”

Wang Kaiwen replied with a smile that saw through the cold state of the world, and said with a wry smile: "It's exactly the opposite of what you expected." I got in touch a little, Fu Chengli's girlfriend is now trying to kill him in every possible way, but Professor Cheng's widow's attitude is just the opposite, and it seems to be more ambiguous at present, and it seems that she is inclined to forgive the murderer, but I estimate that the Fu family will not be able to compensate him with much money. ”

When Gu Mojie and Fei Liluo heard this, they were both overwhelmed with emotion.

The murderer's girlfriend does everything possible to hope that the murderer will die; The wife of the deceased, but did not want the murderer to die. The mitigating reason of "victim fault" that could have worked in the previous article was gorgeously reversed and invalidated under the jaw-dropping of everyone; The latter mitigating reason for "obtaining the forgiveness of the victim's family" was initially felt impossible by everyone and did not think in that direction, but in the end, it turned around and reversed again gorgeously, and it worked. Under the negative negative, it seems that Fu really left a gap to avoid death.

What Gu Mojie didn't know was that in the original history, Fu was finally sentenced to death with a two-year reprieve, and the key element for the director to be sentenced to a suspended death sentence instead of immediate execution was the written promise of understanding from Professor Cheng's widow. At that time and space, the family was very poor and couldn't get the death compensation, and in the end, Cheng's wife still forgave the murderer even though she didn't get the money.

Whether there are unspoken rules or not, from the perspective of legal evidence, it seems that there are really no unspoken rules. But the husband has no unspoken rules, but the wife does not want the murderer to pay for his life, and the people's hearts have to be said to be more embarrassing than evidence.

Gu Mojie wiped his mouth and gave an order:

"Let's find a way to get the commission to pay. I want you to be his defense lawyer, and I'll pay for the lawyer's fees. In other directions, I also looked at it, and it is unlikely that I will work hard, and in fact, there will be no tricks in this case. You are spending your energy on seeking the forgiveness of the victims' families.

If the victim's family wants to get a little more compensation for the death, I will transfer some money through a secret channel. If the Fu family is in difficulty, help me arrange a secret help, and the money will be paid by me. In this matter, if you finally make the payment of death a reprieve, it means that you will not lose or earn, and you will be considered competent. If it can be reduced to indefinite, even if you have the ability, there will be business for you in the future. ”

"Okay, that's a deal. I don't dare to say indefinitely, but it can still be done with a postponement. Wang Kaiwen agreed, drank the remaining coffee in the cup, and got up to say goodbye. (To be continued.) )