Ding Dashan's intentional injury case has finally been heard.

In the 11th courtroom of the Intermediate People's Court, the presiding judge has already sounded the gavel, the trial has officially begun, and the prosecutor is reading out the indictment.

Ding Dashan sat in the defendant's dock, his expression a little dull, and he didn't know what he was thinking. There were only a few people in the auditorium, and Ding Wanqiu sat in it.

"Defendant Ding Dashan, male, born on April 21, 1954, ID number ....... on suspicion of intentional injury......

After accepting the case, this court informed the defendant of his right to retain a defender and the legal consequences that might result from admitting guilt and accepting punishment, interrogated the defendant in accordance with law, and reviewed all case materials.

After review in accordance with law, it is ascertained that:

The victim Zhou Long was the son-in-law of the defendant Ding Dashan, and the defendant Ding Dashan had a dispute with the victim Zhou Long over the divorce of his daughter and son-in-law, and the victim Zhou Long climbed over the wall and entered Ding Dashan's house, and then he tore with the defendant Ding Dashan with his bare hands in the hospital, and was stabbed in the chest by Ding Dashan, and the victim died on the way to the hospital for treatment.

Ding Dashan called the police after the crime and was arrested by the police at the scene of the crime, and after arriving at the case, he truthfully confessed the facts of the crime.

The evidence for the above facts is as follows:

1. Certificate of household registration, certificate of no criminal record, etc.;

2. Defendant Ding Dashan's confession and defense;

3. A sharp knife as a tool for committing crimes;

4. Autopsy report.

The above-mentioned evidence collection procedures are lawful, and the content is objective and truthful, which is sufficient to determine the facts of the accusation. Defendant Ding Dashan had no objections to the facts and evidence of the alleged crime, and voluntarily pleaded guilty and accepted punishment.

This court finds that the defendant Ding Dashan stabbed the victim Zhou Long with a sharp knife, causing his death, and that his conduct violated article 234 of the Criminal Law of the People's Republic of China, that the facts of the crime are clear, the evidence is credible and sufficient, and that he should be investigated for criminal responsibility for the crime of intentional injury. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.

Presiding Judge, the indictment has been read! The male prosecutor sitting across from him said.

This indictment was written, and there was no mention of excessive defense, Fang Yi finally understood, this is the rhythm of wanting Ding Dashan to sit through the prison.

"Defendant Ding Dashan, did you hear clearly the indictment read out by the prosecutor just now? Do you dispute the charges and facts charged against you in the indictment? The presiding judge looked at Ding Dashan and asked.

"No objections!" Ding Dashan glanced up at the presiding judge.

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge said.

"Okay, Presiding Judge. Defendant Ding Dashan, victim Zhou Long, that is, Ling's son-in-law, what are you doing at your house at night? The male prosecutor asked.

"He wanted to find my daughter Ding Wanqiu, and I told him that my daughter was on night duty that night and was not at home." Ding Dashan Road.

"And then?" The male prosecutor asked.

"He didn't believe it, he kicked the door of my house, and when I didn't open the door, he climbed over the wall and entered my yard. I was afraid that he would hurt his family and snatch the child, so I went to the house and got a sharp knife.

Then he jumped into the yard and grabbed me by the neck, and the two of us got into a fight. I don't know how to do it, but I stabbed him in the chest. Later, he fell to the ground, and I called the police......" Ding Dashan lowered his head and recounted what had happened.

"Presiding Judge, I'm done." The male prosecutor said.

"Does the defendant Ding Dashan's defender need to ask the defendant questions?" The presiding judge looked at Fang Yi.

"Questions." Fang Yi raised his head and said.

All right! The prosecutor didn't ask anything about the previous matter, and only insisted on the section of intentional injury causing death, which is too obvious. Obviously not good for the defendant Ding Dashan!

"Defendant Ding Dashan, did the victim Zhou Long come to your house before the crime?" Fang Yi asked.

"I've been, he came a total of four times before the crime, and every time he came, he would make a big fuss, and once he made a lot of trouble and smashed several pieces of the door and window glass of my house, almost hurting people, and then he came again I didn't dare to let him in again, and called the police." Ding Dashan Road.

"On the night of the crime, the victim Zhou Long came to your house again, why did you go to get a sharp knife?" Fang Yi asked.

"It was already past nine o'clock in the evening, and he made a lot of noise, and he kicked the door of my house, and when he saw that I didn't open the door, he climbed the wall, sat on the wall, and hit me with a stone on the wall.

At that time, it was only me and my wife at home, and there were two children, and I was afraid that Zhou Long would hurt my family, so I ran back to the house and got a sharp knife. "Ding Dashan Road.

"Did you warn the victim when he kicked in the door and climbed the wall?" Fang Yi then asked.

"I was warned, but he didn't listen, and scolded me for being old and immortal." Ding Dashan Road.

"Presiding Judge, I'm done!" Fang Yi looked at the judge.

"Let's present evidence and cross-examine ......," the presiding judge said.

Fang Yi had no objection to the evidence provided by the prosecutor, and Ding Dashan had no objection. It is a fact that a knife is used to kill someone, and there is nothing to defend it. Fang Yi focused his defense on excessive defense, and only the reason of excessive defense could save Ding Dashan a few years of guilt.

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge said.

“…… The public prosecutor believes that based on the relationship between Ding Dashan and Zhou Long and the specific circumstances of the case, Zhou Long's illegal acts have not yet reached the level where Ding Dashan must be stopped by stabbing with a knife, and Ding Dashan's actions are not defensive in nature and do not belong to excessive defense.

Ding Dashan's voluntary surrender and truthful confession of the main facts of the crime was a voluntary surrender, and he may be given a lighter punishment in accordance with law, and Ding Dashan's conduct constitutes the crime of intentional injury, and we recommend that he be sentenced to 15 years imprisonment. The male prosecutor said.

It can be seen that he had expected that Fang Yi would put forward the reason for excessive defense and ask the court to reduce the punishment of Ding Dashan, so he denied the reason for excessive defense in advance and blocked Fang Yi's defense opinion.

Hearing that the prosecutor said that it was recommended to sentence him to 15 years in prison, Ding Dashan's eyes were a little straight, and he said in his heart: It seems that this was not what he said at the beginning, why did he change his mind temporarily? It's so unkind.

"The defendant defended himself." The presiding judge said.

"Zhou Long was stabbed by me, and his death has something to do with me, but I am here to protect my family......" Ding Dashan said that he was a little incoherent and was stopped by the presiding judge.

"The defender gives his opinion." The presiding judge said.

"The defense believes that the defendant Ding Dashan's conduct was excessive defense. Here's why:

First, the conduct of the victim Zhou Long was an ongoing unlawful infringement.

Defendant Ding Dashan's daughter Ding Wanqiu and the victim Zhou Long were husband and wife, and because Zhou Long was addicted to gambling, Ding Wanqiu was forced to ask for a divorce and take the child back to her parents' house to live.

At about 9 o'clock on the night of the incident, the victim Zhou Long came to Ding's house, and his behavior obviously did not belong to visiting his children in terms of time and method, so after Ding Dashan refused to admit him to the hospital, he climbed the wall and jumped into the hospital, and his behavior was an illegal invasion of the house.

After that, Zhou Long first threw the defendant with a stone on the wall, and then jumped into the court to tear up the defendant Ding Dashan, and his conduct violated Ding Dashan's personal rights. It can be seen that Zhou Long's conduct is an ongoing unlawful infringement.

Second, defendant Ding Dashan's conduct was justified in self-defense.

The behavior of the victim Zhou Long has escalated from noisy to invading the house and violating the person, and it has a certain degree of danger. Zhou Long committed the assault at about 9 o'clock in the evening, and his actions had a certain urgency. Previously, Zhou Long went to the defendant Ding Dashan's house many times to make trouble, and Ding Dashan called the police for help, and he never had the intention of fighting with Zhou Long. At the time of the incident, Ding Dashan's preparation of the sharp knife in advance was also for the purpose of defense, so his counterattack was justified in defense.

Third, Ding Dashan's defensive behavior exceeded the necessary limit and caused the victim's death, which was excessive defense.

The purpose of the victim, Zhou Long, who came to make trouble, was unwilling to divorce and hoped to continue to live with Ding Dashan's daughter, which was very different from the possible retaliation after the divorce.

The victim, Zhou Long, rode on the wall to commit the act of throwing stones, and then jumped into the courtyard to tear up with the defendant, but the whole was still within the scope of the disturbance, and the infringement of Ding Dashan's personal rights was still minor, and there was no obvious danger to the health or life of Ding Dashan and his family.

Ding Dashan had room to continue maneuvering, pacifying, and waiting, but he chose to use a knife and directly stabbed Zhou Long in the vital part during the tearing process, which eventually caused Zhou Long to die of serious injuries.

To sum up, there is a clear gap between Ding Dashan's defensive behavior in terms of the defensive results and the rights protected, and his behavior should be found to be excessive defense.

On the basis of paragraph 2 of article 20 of the Criminal Law of the People's Republic of China, where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived. The court is requested to reduce the punishment of the defendant in accordance with the law. Complete. Fang Yi said.

Ding Dashan's behavior obviously exceeded the necessary limit of legitimate defense, and the defense of innocence certainly could not be accepted by the court, and if Fang Yi blindly avoided the important and trivialized, it was likely to arouse the judge's disgust, and it would not be conducive to the judge's sentencing of Ding Dashan.

In this case, it is better to seek truth from facts and rely on excessive defense, maybe Ding Dashan can be sentenced a few years less. This is Fang Yi's true thoughts.

……

"Now continue the trial and ask the bailiff to bring the defendant Ding Dashan to court. The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

…… Ding Dashan's act of stabbing Zhou Long with a sharp knife and causing his death was not defensive in nature and was not excessive defense; Ding Dashan committed the crime of intentional injury and was sentenced to 15 years imprisonment and deprivation of political rights for five years......" said the chief judge.

Fang Yi's heart was half cold, the collegial panel did not adopt his defense opinion, fifteen years in prison, Ding Dashan may not be able to come out again if he goes in this time, no! There is still a chance, an appeal, and an appeal is the last chance.

After hearing the verdict, Ding Wanqiu, who was in the auditorium, sat down in her chair all of a slump, her heart was like a knife, and tears welled up at once.

She didn't even know how she got out of the courthouse, and her mind was full of "fifteen years".

Fang Yi was very opposed to the first-instance verdict.

Although he is a lawyer, he does not agree with some provisions of the criminal law, taking this case as an example, excessive pursuit of the legitimacy of the act is bound to ignore the protection of personal property rights.

As the old saying goes: there is no good way to scold each other. Once you fight back, who can control it if you really hit the red eye, and exceeding the "degree" of what you did constitutes excessive defense (or is directly determined to be intentional injury), and you will be punished. Fang Yi didn't believe that anyone could control his behavior in this situation, but it was not "moderate".

Fang Yi disagreed with the verdict of the first instance from the bottom of his heart, did he really wait until Zhou Long snatched the sharp knife and hurt the family before talking about legitimate defense? The law is lagging behind, but stopping the development of lawlessness and protecting personal and property safety should be the first priority.

In the conference room of the law firm, Fang Yi looked at the languishing Ding Wanqiu opposite, and didn't know how to comfort her.

"Lawyer Fang, you just said that you appealed, can you win the appeal?" Ding Wanqiu looked at Fang Yi expectantly.

"Appeals are the only way out, I can't promise you anything, but I'll do my best. I don't believe the judges of the High Court would do the same. Fang Yi was not convinced, this case could obviously be handled according to excessive defense, why didn't he admit it. He also held back a lot of energy in his heart, wanting to appeal and overturn the case.

"Well, let's try it. What about the legal fees? Ding Wanqiu said weakly.

To tell the truth, Ding Wanqiu's trust in Fang Yi has been discounted in her heart, before she felt that Fang Yi was out, even if her father was sentenced, the sentence would not be too long, but now the first trial has been fifteen years, if the original verdict is upheld in the second instance, her old father is already sixty-eight, and she will squat for another fifteen ......years, she doesn't dare to think about it anymore, and accepts Fang Yi's suggestion with the attitude of a dead horse as a live horse doctor.

"The lawyer's fee for the second instance is 10,000 yuan. Just pay it before the trial. Fang Yi said.

He wants to test whether his judgment is correct, and he needs the judgment of the second instance to support his judgment and support his confidence. So at this time, even if Ding Wanqiu bargained with him and asked for a reduction in the lawyer's fee, Fang Yi would agree. He also has a lot of mental pressure, and this psychological pressure comes from the sense of professional responsibility.

Xie Youhe once said that a lawyer without a sense of responsibility will not become a good lawyer, but it is not necessarily not profitable.

"Okay." Ding Wanqiu didn't say anything, and left the law firm after signing the entrustment procedures.

On the third day when Fang Yi got the court verdict, Fang Yi met with Ding Dashan with the appeal petition, Ding Dashan was relatively calm, the court had already decided, and he had nothing to say, the appeal was his only hope, so he happily agreed to Fang Yi's plan.

After coming out of the detention center, Fang Yi went to the Intermediate People's Court, submitted an appeal, and then waited for the notice of the High Court.

Today, I will have another 10,000 words, full of sincerity! Ask for monthly passes, recommended tickets, and collections!

(End of chapter)