(Paragraph 2 of Article 63 of the Criminal Law stipulates that although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a penalty below the statutory penalty upon approval by the Supreme People's Court based on the special circumstances of the case.) ）

"I don't think this clause is really applicable in this case.

There is no doubt that Li Daolin intentionally injured the victim's body by punching and kicking him, causing his death, and his conduct did constitute the crime of intentional injury.

As for the ...... of the cause of the victim's death, the forensic medical autopsy and appraisal opinion issued by the Municipal Public Security Bureau's Physical Evidence Appraisal Institute submitted by the public prosecutor at the first instance was made in accordance with the law by an expert with legal and effective appraisal qualifications, and the appraisal process was objective and the procedures were lawful.

If there is no evidence to the contrary, the above-mentioned appraisal opinion can be used as the basis for a verdict. It is difficult to overturn a case on the basis of a single third-party examination opinion. Moreover, the opinion issued by the third party was provided by the defendant's family, and the court will certainly accept the appraisal opinion issued by the Municipal Public Security Bureau's Physical Evidence Appraisal Office, compared with the appraisal opinion issued by the Municipal Public Security Bureau's Physical Evidence Appraisal Office.

In addition, judging from the substantive elements, the facts that Li Daolin violently hit the victim's head and face are clear, and the evidence is credible and sufficient; Judging from the appraisal conclusions, although the wall of the victim's cerebral basilar blood vessels was unevenly thick, and vitreous degeneration was seen, there were no malformations, aneurysms and rupture in the basilar artery ring of the brain with the naked eye; Li Daolin's injurious behavior and the victim's death are more directly and closely related in causality.

To put it bluntly, Li Daolin's blow to the victim's head was the main cause of the defendant's death. There is no way to apply the special circumstances provided for in paragraph 2 of article 63 of the Criminal Code. Fang Yi said.

Fang Yi said a lot, Liu Fang heard the clouds, she rarely does criminal cases, she relies on one mouth, and her professional ability is really water, but she understood the final conclusion, and if she wanted to sentence her sentence below the statutory penalty, she couldn't do it.

"That'...... Is there no hope for this case? Liu Fang opened her mouth, and finally said: "Lawyer Fang, you are a doctor of criminal law, and you have done so many criminal cases, and you can......'t count the cases of innocence defense on both hands, so let's do it, in addition to the commission given to you by your team, I will give you 50,000 yuan in private, and you must have a way to reduce the defendant's sentence by two years, how about it?" ”

"This ...... I can't help it! Fang Yixin said: You steal the donkey and let me pull out the peg, how can there be such a good thing! The case is smashed, I slapped my ass and ran, let me take the blame, grandma! I won't be fooled by you.

"Okay!" Liu Fang saw that Fang Yi didn't spit out, and he didn't eat soft and hard, so he had to pack up the case file and go out.

Fang Yicai doesn't care what she thinks, anyway, it's not her who pays her salary, how can she love it!

Fang Yi returned to the workstation with a relaxed face, Xie Youhe saw that he didn't have the case file in his hand, and said with a smile: "The case has been returned?" ”

"Well, I think that case is too risky, first, judging from the case file materials provided so far, it is unlikely that the court of second instance will change the verdict; Second, the defendant's family is very difficult, and once the original verdict is upheld in the second instance, there is a high probability that the defendant's family will come to make trouble. Fang Yi explained.

Since Xie Youhe asked, Fang Yi felt that it was necessary to make it clear to him, lest Lao Xie feel that he had an opinion on Liu Fang and deliberately did not accept the case she gave.

"Well, I understand." Xie Youhe nodded.

He knew that if Fang Yi said that there was no hope for this case, there was basically no room for overturning the case, and at present, Fang Yi was second to none in the criminal field in the team, and Xie Youhe had no reason not to believe him.

When he got off work in the evening, Fang Yi felt exhausted and prepared to go to the brilliant bubble bath. As soon as he entered the gate, he was just in time for Li Shuming to go out.

"Lao Fang, I'm thinking about you, you're here." Li Shuming said with a smile.

"What's wrong? Something? Fang Yi was stunned and looked at Li Shuming, judging from his appearance, it should be a good thing.

"I'll go out first, you leave later, let's talk in the evening." After Li Shuming finished speaking, he went out in a hurry.

After taking a bath, Fang Yi was lying on the sofa in the hall watching a movie, and Li Shuming came back and found him in the office.

"How does it feel to be a lawyer in the city?" Li Shuming took out a cigarette and threw it to Fang Yi on the sofa.

"It's good, the salary is higher than in the county, and the lawyer's fee commission is more than in the county." After Fang Yi finished speaking, he lit his cigarette and pulled the glass ashtray on the big coffee table closer: "What's the matter?" ”

"I'll introduce you to a case, a supplier who gave us brilliant fruits, his surname was Zeng Xueqin, and he beat people up some time ago." Li Shuming said.

"Oh, what is it like? Minor or minor injuries? Fang Yi asked.

"Man is dead!" Li Shuming said.

"Dead?! What's going on? Fang Yi was stunned and asked.

"I can't say the specifics, I'll ask his daughter-in-law to find you when I go back. Lao Zeng has been memorizing words in the past few years, first his daughter-in-law was hit by a car and stayed in the hospital for more than half a month, but his daughter-in-law had just been discharged from the hospital on the front foot, and he had this incident again. Point back!

Yesterday, Lao Zeng's daughter-in-law came to me and asked me to help find a lawyer who is good at crime, and the first thing I thought of was you. You happened to be here today, and I'll tell you.

You have to ask for as much as you want for the lawyer's fee, you don't have to look at my face, Lao Zeng has been in the fruit business, the family is not bad for money, there are only two Mercedes-Benz cars, and I just bought a big three-bedroom near the train station last year. If it weren't for the tight policy of buying a house in Beijing, I would have bought real estate in Beijing as early as possible. Li Shuming said.

"Is it so profitable to do a fruit business?" Fang Yi was surprised.

"What do you think, he's a wholesaler, not the kind of retail peddler. He has a stall in Xinfadi in the capital, which has been managed by his brother-in-law, and he heard that the purchase is all about wagons, and the annual capital flow is hundreds of millions, of course, the net profit is relatively low, only three or five million.

A lot of the fruit stalls in our city are taken from him, he is a very affectionate person, and he is also righteous, so he is a little bad, and his temper is too short-tempered. A few years ago, in order to stand up for his brother, he beat people, spent a lot of money, and finally sentenced him to six months. It's been a few years since I was down-to-earth, and this happened again. Li Shuming said with a cigarette in his mouth and leaning on the desk.

"I really didn't expect to be so profitable selling fruits." Fang Yi opened his mouth and exclaimed.

"I used to have a little brother who was a foreman in Brilliance, and was later called by his sister to go to the capital to do business, and it is said that he specializes in selling mushrooms.

After two years of work, he and his sister borrowed some money to buy a truck to wholesale mushrooms to the far suburbs of the capital. Now that guy has bought a building in the capital and a two-bedroom apartment in the city, it's amazing! Li Shuming said with a smile.

"Wocao, this is okay!" Fang Yi was stupid.

"People don't have loans, and they buy them in full, and they are all hard-earned money. In his words, he can't afford to work for a bank. Li Shuming said.

Fang Yi was speechless, and began to smoke with his head bored, hard money! Who doesn't earn hard-earned money!

(End of chapter)