Walking out of the detention center, Qian Wen was silent, just silently following behind Fang Yi.

"I sympathize with Xiao Wang." After getting into the car, Qian Wen said suddenly.

"Well, having compassion means that you are not numb and would be a good lawyer." After Fang Yi started the car, he glanced at Qian Wen.

In fact, he only said half of his words, and the second half of his heart was: But the flood of compassion is not necessarily a good thing for a lawyer, especially a criminal lawyer, because compassion will make you lose your judgment and disturb your logical thinking ability.

If it was Wang Deyou or Mei Xiaoting sitting next to him, Fang Yi would definitely tell the whole story, and as for Qian Wen, he could only point to it.

For such a profession that requires insight into human nature, rich experience, and more importantly, to prevent self-loss, Qian Wen is still too young and the society is too complicated!

"Well, thank you!" Qian Wen nodded: "Lawyer Fang, did you say that Xiao Wang would be sentenced to death?" What I mean is that after he was brought into the case, he cooperated with the police investigation, can we use this as a breakthrough and ask the court to leniency or reduce the punishment! ”

This is the first criminal case Qian Wen has done, she feels that she should do something, she doesn't want to just go through the procedures, watching the party being sentenced to death, to put it bluntly, she wants to stand up, and she doesn't want to be a spectator.

"We can defend it like this, but according to the circumstances of the case, the court will most likely not accept it, and it will still sentence him to death." Fang Yi said.

"Why?" Qian Wen turned his head to look at Fang Yi.

"According to article 232 of the Criminal Law, whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Did you find that Article 232 of the Criminal Law is listed in order from heavy punishment to light punishment, do you know what this means? Fang Yi asked.

Qian Wen looked confused, shook his head and said, "I don't know." ”

This means that the crime of intentional homicide is a very serious crime that violates the personal rights of citizens and must be severely cracked down, so in judicial practice, for criminals who commit intentional homicide, the court will first consider the heavy sentence when sentencing, and when the heavy sentence is not applied, it will retreat to the second choice of light punishment. So I speculate that the court will most likely sentence Xiao Wang to death. Fang Yi explained.

"Oh, I see!" Qian Wen was like an initiation, and then he was puzzled: "Will this lead to a rigid copy of the law, this is a human life!" Moreover, the victim was at fault first. ”

"There is some truth in what you said, it is true that some judges just make such rigid and mechanical decisions, but not all judges are like this.

Holmes, do you know this man? Fang Yi asked.

Qian Wen shook his head: "When I was in college, all I read were laws and textbooks, and I basically didn't read anything about my profession other than that. Of course, this is an exception when writing a dissertation. ”

"Well, I read Holmes's The Way to Law when I was in graduate school and it was very inspiring to me. Holmes said lawyers should take the perspective of a 'bad guy', delve into the law, figure out the judge, and then instruct their clients on how to avoid legal punishment.

Of course, the 'bad guys' here are the legitimate bad guys, the bad guys who wander on the edge of the red line of the law, and their 'bad' is morally. In fact, if you look closely, you can see a lot of such bad guys.

Not only that, but "The Way of Law" also disparages the formalist legal thinking of superstitious logic. Fang Yi chatted.

"Is the formalism you mean the kind of formalism we often see on the Internet? In fact, the above is also against formalism. Qian Wen didn't say it explicitly, but Fang Yi understood what formalism in her mouth meant.

"Holmes's legal formalism is not just a superficial formalism, but also a closed deductive system of law like European geometry.

In fact, I think that the law is a rule based on common cognition, and with the change of time, people's common cognition has changed, so the law should be revised with the different times, this kind of thing is definitely not something that a few legal experts can do, but also consider the credibility and social development.

But for us lawyers, I think Holmes's statement about lawyers is still very practical. If we lawyers want to gain a firm foothold, it is definitely not as simple as getting a certificate or reciting the law. I can forget everything in the school books, but I don't dare to stop thinking about how to solve problems, because the ability to solve problems is the core competitiveness of lawyers. Fang Yi said.

"How to deal with the contradiction between law and morality?" Qian Wen looked at Fang Yi suspiciously, wanting to hear his high opinion.

"What is legal is not necessarily moral, and what is ethical must be legitimate.

Let's take a more extreme example, you can see that there are many plots in China and abroad where the male protagonist avenges his mother or father, but no reader will say that the male protagonist is wrong, and will call him bloody, and even admired, such as the Zhang Buckle case.

This is the moral standard in the minds of the masses. But is this behavior legal? From a legal point of view, it is not legal.

Therefore, there is no need for lawyers to care about the relationship between law and morality, I think as a lawyer should consider how to exempt the client from legal punishment or reduce the punishment.

As for morality, you can use it to defend the client, but don't hope for it, it is possible that the judge agrees with the moral standards that the defender says, but the judge will not use morality as the basis for deciding the case. Fang Yi said.

Qian Wen didn't expect Fang Yi to have so many ways in his mind, it seems that he is not suitable for criminal cases, if he has the opportunity, he should follow Ma Yi or Lao Huang to do civil cases, at least there is less risk.

"I'm just saying my opinion, but we still have to defend what should be defended, in case the judge has other ideas, maybe he can save Xiao Wang's life." Fang Yi encouraged.

The next morning, not long after Fang Yi returned from reading the court file with Qian Wen, Peng Huayan took her sister-in-law Liu Fangzhi to the law firm.

Peng Huayan's brother rarely talks to his daughter-in-law Liu Fangzhi about work, so Liu Fangzhi's understanding of the case is limited, she had asked a local lawyer to go to the detention center to meet, Peng Huayan knew the information she heard from the lawyer, the case was quickly transferred to the court, Liu Fangzhi is a person who has no opinion, at this time she was already panicked, I don't know what to do, so I had to ask my sister-in-law Peng Huayan for help.

With the assistance of Zhou Ying, after Liu Fangzhi completed the entrustment procedures, Fang Yi sent the two out of the law firm.

Xiao Wang's case was handed over to Qian Wen to keep an eye on, Fang Yi saved a lot of energy, and made time for him to start the meeting with the Yolu Provincial Detention Center, and then make an appointment with the prosecutor to communicate the case and make an appointment with the court to read the file.

(End of chapter)