"It seems that it should not be so, because if it is a death penalty case, it should be tried by the intermediate court, not the district court. The most likely is a prison sentence.

If you can get a letter of understanding from the victim's family, the court will most likely reduce the punishment of Chen Qingqing. After all, the victim is also at fault. Fang Yi said.

"Okay, I see. I'll go find Xu Wannian's daughter-in-law now. Chen Daxing nodded.

When he got off work in the evening, Fang Yi was cleaning up the case files on the table, and a lawyer surnamed Zhou from the team's case team came over.

"Hello, Lawyer Fang. I am Zhou Zhiqiang, the lawyer who talked about the case, and I talked about Chen Qingqing's case, and I would like to ask you for advice. "Lawyer Zhou wears a pair of black-rimmed eyes, is about 50 years old, and has a very sincere attitude, not like he is looking for trouble.

"Hello, you're welcome, I just don't have anything to do, you say." Fang Yi saw that the colleagues around him were almost gone, and several lawyers in the distance were busy typing, and talking about cases at the workstation should not hinder others from working, so he pulled over a chair and motioned for Lawyer Zhou to sit down and chat.

Lawyer Zhou sat down and said, "Today, Chen Qingqing's father came to me and told me that you can only provide his daughter with a defense of minor crimes, not a defense of innocence, which is different from what I said at the beginning. So I'm here to find out about the case, and I'll talk to you about it by the way. ”

Seeing that the other party put his posture so low, Fang Yi was not easy to hold, after all, they were all a team, so he said: "After I took over this case, I went to the detention center to meet Chen Qingqing and read the file again." This case is really not good for her to defend her innocence. ”

"Lawyer Fang, you see, the defendant Chen Qingqing did not commit the assassination, and the victim leaned on the tip of the knife and was stabbed, can't it be regarded as self-harm, self-injury, or even suicide? Can the victim's promise be used to exonerate Chen Qingqing? I just want to discuss the facts of the case with you, and I have no other meaning. Lawyer Zhou said sincerely.

Generally speaking, lawyers hate other people's criticism of their own cases, of course, inviting others to discuss the case is another matter, and lawyer Zhou is afraid that Fang Yi will mistakenly think that he wants to meddle in the case, but in fact he just wants to find out where his judgment is wrong.

"There is a Roman proverb: 'It is not illegal to make a promise.'" To put it bluntly, the act of the perpetrator to obtain the victim's promise and damage the waived legal interest is not infringing on the legal interest, so the victim's consent can prevent the perpetrator's wrongfulness.

In jurisprudence, if a victim voluntarily renounces his or her own legal interests and requests or allows others to infringe upon his or her legal interests, the law should respect the victim's self-determination, and there is no need to protect the waived legal interests. Fang Yi said.

"Well, I understand this, and I judge the case according to this theory." Lawyer Zhou nodded.

Although he is not from a professional background, he has been very up-to-date since he became a lawyer, and he has not bought or read less books, so he also knows the theories that Fang Yi said, but they are not systematic and are self-taught. Because he has been a lawyer for many years and has rich practical experience, he can settle most problems with experience.

In fact, a lawyer who has worked in law all his life can be proficient in one or two laws is already very good, and he can completely support his family and even make a lot of money. It's impossible to be proficient in everything, and lawyers don't have that experience.

However, the status quo of most lawyers is that they know everything, but they are not good at any of them, which is commonly known as a jack-of-all-trades lawyer (in fact, this cannot be blamed on lawyers, because of the problem of case sources, many lawyers do not have the opportunity to specialize, and they must first solve the problem of food and clothing), coupled with bad luck, they may only be able to swing between subsistence and well-off for the rest of their lives.

However, as far as the promiser's authority to dispose of is concerned, whether in the practical or theoretical circles, it is generally believed that the victim has a certain degree of discretion to dispose of the legal interests of his physical health, but has no authority to dispose of the legal interests of his life, that is, the victim's commitment to the legal interests of his life is invalid.

In other words, even if Chen Qingqing received the victim's promise of infringing on the legal interests of his life for 10,000 years, it could not stop the illegality of his actions.

This is also the legal theoretical basis for the crime of intentional homicide if one of the parties is entrusted to kill the other party first and then fails to commit suicide. Fang Yi explained.

In the face of Chen Daxing before, Fang Yi didn't dare to say too theoretical, because the client couldn't understand it, but now in the face of Lawyer Zhou, he doesn't have to worry about these at all.

"I think this case is in line with the victim's own risk." Fang Yi continued.

"Victims are at risk? How so? Lawyer Zhou looked at Fang Yi.

Don't look at Fang Yi's age than him, but Fang Yi's knowledge and local fame are definitely a few streets away from Lawyer Zhou, but Fang Yi hasn't realized these for the time being.

"Theoretically, the victim's self-risk is generally manifested in three situations:

1. The victim poses danger to himself. To put it bluntly, the danger comes from the victim himself, is caused by the victim himself, and although the victim knows that his or her behavior will harm him, he or she still commits the act, thereby causing harm to himself. For example, suicidal behavior.

2. Victim-led dangerous conduct. The victim is responsible for the occurrence of the danger, but there is a criminal law causal relationship between the perpetrator's conduct and the victim's violation, such as the suicide mentioned above.

3. Others lead dangerous behavior. The danger comes from the perpetrator (another person), and the victim recognizes or consents to the dangerous act, but rejects the occurrence of the harmful result. Take this case, for example.

Therefore, I believe that the victim knew that the defendant Chen Qingqing was holding a knife in his hand and posed a threat to him, and in this dangerous state, the victim still approached Chen Qingqing, and it was obvious that the victim was aware of the danger but was still willing to put himself in danger.

However, even so, the victim's behavior cannot be regarded as a valid commitment to give up his life, that is, it cannot be regarded as his act of self-harm, self-injury, or death.

In this case, I believe that the victim is still gullible and avoidable about the harmful outcome when the victim is at risk of putting himself at risk. At least in this case, there is no evidence to prove that the victim self-harmed, self-harmed, or committed suicide. Therefore, I can't defend the defendant Chen Qingqing's innocence, and I can only defend the crime lightly. Fang Yi explained.

"Well, I see. Thank you, Mr. Fang. I'll invite you to have a drink when I have time. Lawyer Zhou smiled.

It is normal for different lawyers to have different opinions on the same legal issue, and even the judges of the court are expected to have different opinions on the same legal issue, which may be related to a person's experience and learning experience.

After Lawyer Zhou left, Fang Yi picked up his bag and prepared to go back to his residence, and when he passed by the paralegal's workstation, he saw that Zhou Ying was still busy, so he said, "Xiao Zhou hasn't left yet!" ”

"No, five lawyers are going to come over early tomorrow morning to get the litigation procedures, and Xiao Tian and I will prepare them for it. Lawyer Fang, are you working overtime again? Zhou Ying said with a tired face.

(End of chapter)