Hu Jiayi's robbery and murder has been handed over to the procuratorate, and Liu Pengcheng's office has also ushered in a "wicked guest", who entered Liu Pengcheng's office, traveled east and west, his hands were not honest, and he opened the bookcase to see that there were traces of rummaging through the law books inside, so he nodded. Then he didn't even let go of Liu Pengcheng's own lounge, opened the refrigerator and took out a coke and drank two sips, then sat on Liu Pengcheng's office chair, looked at Liu Pengcheng and asked, "What are you doing sitting, standing." ”

Liu Peng Chengxin said that you don't sit, how dare I sit, if I sit first, you may not be able to train me! Since his seat was occupied, Liu Pengcheng had to sit on the chair in front of the desk, and Director Liu, who was also in the office, had to sit on the sofa.

There was really no way, Liu Pengcheng didn't dare to sit, and he didn't dare to do it.

The "evil guest" asked Liu Pengcheng with a smile: "Xiao Liu, Hu Jiayi's eucalyptus, is it the trouble you gave me?" ”

This is called Jiang Zhengguo, and the reason why Liu Pengcheng is so "afraid" of him is because he participated in the national political and legal educator training course with Professor Park in the 80s, and he is his uncle. Moreover, Liu Pengcheng was a teacher of criminal law and criminal procedure law during his graduate studies. He is a well-known expert in criminal law and criminal procedure law, director of the Criminal Law Teaching and Research Department of East China University of Political Science and Law, graduate tutor and professor. He is also one of the highest level criminal defense lawyers in the country.

Liu Pengcheng "chuckled" in his heart, it's over, he made a mistake. It is said that Liu Pengcheng asked Hu Shuisheng to find Jiang Zhengguo, either to talk to Jiang Zhengguo in advance, or to tell Hu Shuisheng not to "betray" himself. Liu Pengcheng actually wanted to talk to Jiang Zhengguo in advance, but he was busy and forgot. As a result, Hu Shuisheng was busy saving his son's life, and when he went back, he looked for a relationship to see if he could contact Jiang Zhengguo as soon as possible, and found that it didn't matter at all, he himself was the supplier of the East China Political and Legal Canteen, but he was a canteen, and he definitely didn't want high-end aquatic products, so the people below were responsible, and he had a truck in Shanghai with the East China Political and Legal Access Card!

This is easy to do, through the school's logistics system, it is easy to contact Jiang Zhengguo, Professor Jiang is going to focus on the implementation of the new criminal law this year, and the new criminal law textbooks are revised according to the implementation of the implementation, mainly to add actual examples. There were no plans to pick up the eucalyptus at all.

But this Hu Shuisheng was so persistent that Professor Jiang said that it would not work to introduce him to another defense lawyer, so he recognized Professor Jiang introduced by Liu Pengcheng. In the end, there was no way to entangle Professor Jiang, and he felt that this eucalyptus was still "a little interesting". I took this eucalyptus.

This time, Professor Jiang came mainly to the procuratorate to make copies of eucalyptus papers, but in fact, he was just asked to come as a student. Then he went to the detention center to meet with the parties, that is, Hu Jiayi, and he had to come by himself. So after he finished the meeting, he drove to Liu Pengcheng to "settle accounts".

Jiang Zhengguo now knows what Senior Sister Park means by commenting on Liu Pengcheng, "I don't necessarily have to cause you something".

If Liu Pengcheng knew this evaluation, he would definitely be aggrieved, how honest he is, when did he cause trouble?

Jiang Zhengguo said: "Tell me, for the sake of such a eucalyptus, I also sold your uncle and me, what do you want in the end?" ”

Liu Peng lowered his eyebrows and drooped his eyes and said, "I'll be honest, what I want in my heart is to save my life." ”

Jiang Zhengguo said: "Is it okay to repel death? Let me ask you if you have passed the lawyer's exam? ”

Liu Pengcheng's head is lower, and the lawyer's certificate is one of Mr. Park's basic requirements for him.

Jiang Zhengguo said: "There are still a few months, and I will take the lawyer's certificate first before I talk about anything else, the theoretical foundation is too poor!" Is this eucalyptus the difference between a death penalty and a reprieve? ”

Jiang Zhengguo came like a gust of wind, and left like another gust of wind. Before leaving, he left a sentence: "Hurry up and take the legal test, and if you can't pass the test, I'll settle accounts with you." You don't care about this eucalyptus, your position can no longer be mixed, don't make a mistake! ”

Liu Pengcheng sent this away like Director Liu sent his uncle. This is too famous in the Yangtze River Delta area, and the aura is just now, until Jiang Zhengguo's Mercedes-Benz 600 opened the door of the branch, Liu Pengcheng and Director Liu breathed a long sigh together.

Liu Pengcheng is the kind of person who is good at sharing everything with others, and on the day Jiang Zhengguo gave him the "ultimatum for the bar exam", he sent Xiao Yang to hurry up and apply for a self-examination, just a junior college in law! You can't be a driver for the rest of your life!

Isn't it much better for two people to chew on law books than for one person?

Two months later, Hu Jiayi was tried in the first instance at the Pingzhou Intermediate People's Court. Two prosecutors from the Pingzhou City People's Procuratorate appeared in court to support the prosecution. Jiang Zhengguo appeared in court as the defendant's defense lawyer.

Prosecutor's opinion: 1. This is a typical burglary and homicide, resulting in two deaths and one serious injury, and the supervisor is extremely vicious and should be severely punished.

2. The nephew killed his uncle and aunt's mother, and seriously injured his own aunt. The impact is extremely bad and contrary to public order and good customs.

3. The defendant was at least 18 years old at the time of the crime, had full capacity for criminal responsibility, and had no circumstances of voluntary surrender or meritorious service. Severe sentences should be imposed.

Liu Pengcheng sighed in his heart, the prosecutor almost explained the "weakness" of the defendant Hu Jiayi in this case, and the three opinions were like three steel knives, straight into the death hole!

Then the defender spoke, and Jiang Zhengguo's first defense opinion made Liu Pengcheng stunned.

1. The procuratorate mischaracterized this case, this is not a burglary, this is intentional homicide and theft! Why? Because although the defendant was carrying an axe, he did not kill the victim, let alone rob it! It's about reasoning with the victim. This point of the defendant's confession and the testimony of the victim Chen Ling can prove that the intent to kill intentionally occurred after a serious quarrel with the victim. This is a very typical murder of passion. However, the victim chose to provoke the defendant with words even though he knew that the defendant was very angry and was armed with a sharp weapon.

After the defendant killed and injured someone, he remembered that he could take the money himself, so he rummaged through the victim's bedroom and took away the cash and gold jewelry, which constituted the crime of theft, not the crime of robbery.

2. I would like to ask the presiding judge and jurors to pay attention to the fact that the reason why the defendant went to the victim with an axe to reason with him was because the victim had illegally embezzled the defendant's finances for a long time and had reached the point of madness, and the victim just wanted to raise his living expenses to 100 yuan per month and ask for another 200 yuan in money. Note that the defendant's living allowance given to the victim by the defendant's father is 2,000 yuan per month! Moreover, the victim also defrauded 5,000 yuan in the hands of the victim's father in the name of material fees!

However, the victim did not even agree to the defendant's small request, and insulted, abused, and ridiculed the defendant, in which case the defendant raised the axe. So, where did the defendant's money go, Chen Ling and her mother handed over to Chen Lang, the only son of the Chen family, to gamble, embezzle, and defraud a senior high school student who was about to take the college entrance examination to eat money, and buy papers to gamble! I would like to ask who is violating public order and good customs, whose behavior is more despicable, and whose behavior has a worse impact?

3. I brought the 32 classmates in the victim's class, five teachers, and 7 teachers who had taught him. Note that instead of a love letter, they all signed it, but each of them wrote a love letter. From these love letters, we can see what kind of person Hu Jiayi is. In addition, there is another content that this semester, Hu Jiayi borrowed all the money from them. I think everyone knows what this means, which means that when he went to his second uncle with an axe and asked for 200 yuan, he had no way out.

4. After the theft, the defendant only took 300 yuan in cash from the stolen money and goods, and hid the rest in the firewood stack of his own house, wanting to wait for his father to come back to deal with it. From beginning to end, he only wanted a week's living expenses and 200 yuan of money for the test papers, I ask, what kind of criminal motive is this, who said that this is a criminal motive, is there such a criminal motive?

The above is my defense opinion, I and my client, we believe in the justice of the law, we believe in the day by day.

So, Jiang Zhengguo had to dismantle the robbery into intentional homicide and theft, is it the opposite defense?

Robbery and homicide are acts of murder that occur in the course of a crime, and they are almost indistinguishable. If Hu Jiayi is convicted of robbery, with two deaths and one serious injury, he can be said to be dead. There is no room for manoeuvre.

Intentional homicide is different, the crime sounds scary, but in fact there is a lot of room for manoeuvre, for example, intentional homicide with excessive defense circumstances is almost impossible to sentence to death. The aforementioned father-in-law killing Sun Eucalyptus is also intentional homicide!

Jiang Zhengguo's defense statement has been selected into almost all editions of law textbooks, and has also been praised as the best defense statement of the year by the journal "Legal Research".

After the court's verbal debate, cross-examination, and cross-examination, the court adjourned and reconvened on the third day to pronounce the verdict:

Defendant Hu Jiayi was convicted of intentional homicide and sentenced to 19 years imprisonment.

Guilty of theft and sentenced to two years' imprisonment. It was decided to carry out a combined sentence of 20 years' imprisonment.

The procuratorate did not protest.

After the verdict, Hu Jiayi's parents divorced, and Hu Jiayi's mother didn't ask Hu Shuisheng for any of the money he earned in Shanghai, only the house and pond in the village. I went back to live in the village. Fortunately, her mother's home is in the village, and with the help of her brother and brother, she is doing well. Visit my son on time every month.

Hu Jiayi's father, Hu Shuisheng, stayed in Hudu, gave the business to a fishmonger in the town, and opened a Jiangxian restaurant by himself, and the business was not bad. never returned to the village, and would save Hu Jiayi for living expenses every month according to the maximum allowable amount.

Not long after, the Qinghu Primary Court tried the embezzlement and fraud of the Chen family sisters and brothers. Both were sentenced to prison terms. Hu Shuisheng did not show up, but his lawyer told the court that he would not compensate, he would never forgive, and he must be sentenced heavily!

A year later, Hu Jiayi, who was still serving a prison sentence, proposed to his teacher that he wanted to take the self-study exam, and after careful study by the leaders, he readily agreed. However, he did not apply for the prestigious school that the prison was looking forward to, but the correspondence course of Shencheng University of Technology. That school has a bad reputation, but Hu Jiayi, who has already started to study how to apply for volunteering when he was in school, knows that this school is the most suitable now! His explanation for the prison is that he is afraid that he will not be able to pass the entrance examination in a good university, after all, he still has to participate in labor to earn work points to reduce his sentence.

The leaders also agreed that he applied for the exam, and helped him contact his father, go through the formalities, pay the tuition, and transferred Hu Jiayi to work in a very quiet reading room.

Hu Jiayi was also very competitive, taking one subject for two consecutive years, and the university sent the certificates of outstanding students directly to the prison.

I didn't say anything now, commutation of sentence! At the same time, the leaders probably understood why Hu Jiayi chose such a university.

In the third year, Hu Jiayi began to really implement his plan, and he used the knowledge he learned to carry private goods in the process of handing in his homework. Two invention papers, "A New Type of Artillery Shell Extended Range Aerodynamic Shape" and "A New Type of Short-range Low Recoil Artillery Suppression and Withdrawal Device".

A month later, he was taken away from a military prison. There has been no news since.

Six months later, several soldiers came to Liantang Village, and after a secret conversation with his mother, his mother quickly disposed of two buildings at a low price, and rented three ponds to his mother's family. He left the same day with money and some necessary items and a couple of servicemen. Later, he also came back to visit relatives, looking radiant and in excellent spirits, but he never mentioned where he was, nor did he mention his son.

Shencheng University of Science and Technology, a university directly under the National Defense Science and Technology Commission. (Hu Jiayi kills his uncle)