"Come and sit down and have a cup of tea!" Wan Kefa poured a cup of tea and handed it to Fang Yi.

"You asked me to come over, it wouldn't be for tea, would you?" Fang Yi said after taking the teacup.

"In the morning, Assistant Feng and I went to see lawyer Qian Wenqian." Wan Kefa said while making tea.

"Lawyer Qian is sick?" Fang Yi picked up the teacup and asked.

He had handled a legal aid criminal case with Qian Wen before, so he was quite familiar, but he didn't have much contact.

"Well, last night his husband called me and said she was depressed and asked for a few days off. Qian Wen used to be an assistant for me, and he was very serious about his work, but he was too emotional, and he was easy to be led by the parties. To put it bluntly, the heart is too soft.

She never understood that 'the poor must have something to hate, and the hateful must have a miserable suffering', which I have told her more than once, and advised her to think about it, and to look at both sides of everything, but ......

No, she has seen too many injustices and too many dark sides of society over the years, and she can't solve it in her heart and is depressed. Wan Kefa lamented.

"This matter is really troublesome, and the heart lock can only be solved by yourself, and others have no problem." Fang Yi sighed.

"Her husband said he had found her a psychologist and went there twice a week to treat depression." WAGO.

"Does that thing work?" Fang Yi wondered.

"Works? Psychiatrists see that everyone is sick, and there are no normal people in their eyes, do you think it works? As the days went on, they saw that they were sick. Wan Kefa said dismissively.

All right! It's good if you're happy. Fang Yi saw Wan Kefa's old and angry look, so he had to remain silent.

"What are Lawyer Qian's own plans?" Fang Yi asked.

"Qian Wen is depressed now, even if he has any plans, he will have to be cured later. His husband wanted her to cancel her lawyer's certificate and go to the public examination.

I think it would be good if she could take the public entrance examination and go ashore, but she didn't make much money after being a lawyer for so many years, and she was depressed first, so it seems that she is not suitable to be a lawyer. "The universal law.

"Well, you're right. I remember you said before that being a lawyer is to face the evil of human nature, if in the face of evil, the mentality collapses, you can't stand it, you can't bear it, you can't bear to look at it, you can't accept the cruelty of reality, it's better to stay in the ivory tower and be comfortable.

Although there is also black, white and gray in the ivory tower, it is always more tactful and soft than society. After all, many people call themselves intellectuals, and although they are both upright and upright, they still have to consider face. Fang Yi said.

"Haha, Xiaofang, don't be so angry, everything has a positive and a negative, you have to think so, why the demand for law is increasing, it is because there are too many people who are both responsible and standing.

In other words, it was they who gave us the opportunity to make money. We just do our part, and we don't need to think too much about the rest. Wan Kefa smiled and said, "You have to adjust your mentality." ”

Belch...... Just now, I was thinking that you are an old and angry young man, and you returned this to me in a blink of an eye! Could it be that you can pinch and know what I think in my heart? Fang Yi looked stunned.

"Don't worry, I'll carry it." Fang Yi smiled awkwardly.

"How is Mr. Wu's brother's case?" Wan Kefa added some tea to Fang Yi and asked.

"I read the case file, in fact, it is similar to what Mr. Wu's brother said, the procuratorate prosecuted for intentional injury. However, judging from the facts of the case, I think it should be justified defense, and I have been preparing for the trial in the past two days. Fang Yi said.

"It's a lot of pressure!" Wan Kefa looked at Fang Yi with a smile.

"To be honest, criminal cases are stressful, after all, the personal freedom and even life of the defendant are at stake. People have only been in this life for decades, and now that society is developing so fast, it will definitely be out of touch with society if they are really locked up and then come out.

Mr. Wu's younger brother is now in his third year of high school, and if he is really convicted of intentional injury (causing death), he will have to be sentenced to ten years in prison, and he will be locked up and then out, and the most critical nodes in his life have passed,...... It's a pity! Fang Yi said.

"Don't put too much pressure on yourself, just do your best." Wan Kefa comforted.

One morning a week later, the case of Wu Wen's intentional injury was opened. Because it was a public trial, the auditorium was full of people, most of whom were employees of Mr. Wu's health center, and Mr. Wu was also among them.

Wu Wen's eyes in the defendant's seat were full of panic and uneasiness, and he quietly listened to the prosecutor read out the indictment.

“…… In this case, the actions of Sun Zhong (the owner of the foot massage shop) and others were to seek a gap and cause trouble, and in the process of smashing the health center, the defendant Wu Wen stepped forward to stop it, and in the process, the defendant used a baseball bat to slam the victim's head, causing the victim's death.

We believe that the defendant Wu Wen violated the provisions of Article 234 of the Criminal Law, the facts of the crime are clear, the evidence is credible and sufficient, and 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 judgment is requested in accordance with law. Complete. The middle-aged female prosecutor sitting at the head of the prosecutor's bench said.

"Defendant Wu Wen, did you hear the indictment read out by the prosecutor just now? Do you have any objection to the facts and charges of the crime charged against you in the indictment? What's the objection? The presiding judge asked with a calm face.

"I do not accept the facts or the charges against me. I was in legitimate defense, it was Sun Zhong who brought people in to smash my brother's health center, and it was they who fought back. Wu Wen was very emotional, and if it hadn't been for the bailiff to stop him, he would have gotten up from his chair.

In fact, it's no wonder that Wu Wen is excited, he is young and vigorous, and he only said that the prosecutor only said that he didn't mention that the other party hurt himself, which is a bit of a bias, so it's strange if he is not excited. At this time, it is good that he can still keep his mind clear, after all, he is just a high school student who has not yet stepped into society, if he changes his timid estimate, he will be frightened by the prosecutor's momentum and cry bitterly on the spot.

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

"Okay, Presiding Judge. Defendant Wu Wen, what were you doing at the time of the crime? What do you see? The female prosecutor asked.

"I slept that day, went to the health center to find Master Zhao to help me rub my neck, and then I heard that something was smashed at the front desk, so I ran over.

I saw Sun Zhong standing at the front desk, and then a group of people rushed in with baseball bats and knives, smashing things when they saw them, and ......hitting people when they saw them," Wu Wen said as he recalled.

"What did you do?" The female prosecutor asked.

"There was a guy who came running at me with a watermelon knife, and I was terrified, and I was stabbed in the arm and leg, and I turned and ran. He chased me from behind, and I was afraid that he would cut me, so I ran inside desperately.

There was a fight inside, and their guys dropped the baseball bat, which happened to be not far from me, and my brain was blank, so I picked up the baseball bat and threw it behind me.

The man who was chasing me blocked it with his hand, and the knife in his hand was knocked away by me. Then he lunged at me again, and I closed my eyes in fright, and I swung my baseball bat so hard that I felt like it hit him, and then I realized that it was on his head, and then he fell to the ground. Recalling the situation at the time of the crime, Wu Wen's eyes were full of panic and his heart was pounding.

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

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

"Questions need to be asked. Defendant Wu Wen, who brought the person who rushed in from the door and smashed it, do you know? Fang Yi asked.

"It's Sun Zhong, he came in first, and he deliberately broke the beckoning cat at the front desk, and the people who came in later listened to him, and he let him smash it. Wu Wendao.

"What was your reaction? Has anyone been hurt? Fang Yi asked.

"I was at the door with two employees, and we were all terrified, and as soon as the gang came in, they knocked the two employees down, and I was injured." Wu Wendao.

"Presiding judge, the defender has finished asking." Fang Yi said.

"Let's present evidence and cross-examine the evidence. Whether there is new evidence to be submitted by the prosecution and defense and the defendant. The presiding judge asked.

"There is no new evidence." Tripartite equalization.

"Now the prosecutor will present the evidence." The presiding judge said.

"The first piece of evidence, the forensic report, proved that the cause of death of the victim was a severe head injury." The female prosecutor took out an appraisal report and said.

"Does the defendant Wu Wen have any objection to the evidence presented by the prosecutor? What are the objections? The presiding judge asked.

"No objections." Wu Wendao. Now he is in a state of confusion, his mind is blank, and he doesn't know what will happen next.

"What is the opinion of the defendant's defender on the evidence presented by the prosecutor?" The presiding judge asked.

"No comment." It is a fact that the person has died, and there should be no problem with the forensic identification results, so Fang Yi did not raise any objections.

"The second piece of evidence, the baseball bat, which had the defendant's fingerprints on it, and the blood stains on it were identified as the victim's, proving that the baseball bat was the defendant's tool for committing the crime." The female prosecutor said.

Defendant Wu Wen and defense lawyer Fang Yi both accepted the evidence and did not raise any objections.

"The third piece of evidence, the surveillance video of the health center, clearly records the scene of the chase between the victim and the defendant, as well as the defendant's murder. It is proved that the victim was killed by the defendant Wu Wen hitting the head with a baseball bat. After the female prosecutor finished speaking, the presiding judge asked the clerk to play the surveillance video of the health center in court.

"Does the defendant Wu Wen have any objections to the evidence presented by the prosecutor?" The presiding judge asked.

"No objections." Wu Wen shook his head and said.

"What is the opinion of the defendant's defender on the evidence presented by the prosecutor?" The presiding judge asked.

"There are opinions. The first half of the surveillance footage shows that six people with baseball bats and knives rushed into the health center, injured two employees of the health center as soon as they entered the door, and then began to chase and beat the defendant.

This evidence can just prove that the defendant Wu Wen fought back and beat the victim to death when his life was threatened, and his actions should be justified defense. Fang Yi said.

"The prosecutor continues to present evidence." The presiding judge waited for the clerk to finish the record, and then continued.

……

"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.

"Presiding Judge and Judge: We believe that the actions of the victim and others in this case are to make trouble, and the victim did not come to the store for the purpose of killing people, but only smashed the items in the museum, and did not cause damage to the lives and safety of the staff in the museum, and the injured employees were only slightly injured.

Defendant Wu Wen beat the victim to death in the course of counterattacking, and his conduct clearly exceeded the necessary limits of legitimate defense, thus causing the serious consequences of the victim's death.

Therefore, we believe that the defendant constituted the crime of intentional injury, and in view of the fact that the victim also had a certain degree of fault, the defendant truthfully confessed after being brought into the case, and it was a crime of passion, and it is recommended that he be sentenced to 15 years imprisonment. The female prosecutor said.

As soon as the words ended, there was an uproar in the auditorium, and everyone felt that the prosecutor's recommended sentence was too heavy, and the defendant Wu Wen should not constitute a crime. The presiding judge had to ring the gavel to maintain order in the courtroom.

"Defendant Wu Wen defended himself." The presiding judge said.

When Wu Wen heard that the procuratorate recommended that the court sentence him to 15 years later, he was blindfolded, and tears rolled in his eyes. At this time, his heart was already in turmoil, and he kept repeating that he did not constitute a crime, and the presiding judge forcibly interrupted his defense.

"Next, the defender of the defendant Wu Wen will express his defense opinions." The presiding judge said.

"Presiding Judge and Adjudicator: The defender believes that the conduct of the victim and others is 'other violent crimes that seriously endanger personal safety' as provided for in paragraph 3 of article 20 of the Criminal Law, and that Wu Wen's conduct is justified defense, and that where the victim's death is caused thereby, it is not considered excessive defense and should not bear criminal responsibility. Here's why:

1. The victim and others were instructed by Sun Zhong to rush into the health center and smash it, which is 'other violent crimes that seriously endanger personal safety'.

To determine whether an unlawful infringement is a 'other violent crime that seriously endangers personal safety' as provided for in paragraph 3 of article 20 of the Criminal Law, a judgment should be made based on a comprehensive assessment of the degree of violence, the degree of danger, and the severity of punishment imposed by the Criminal Law, and shall be based on the forms of crimes such as homicide, robbery, rape, and kidnapping listed in that article.

In this case, the victim and others rushed into the health center and smashed it, which was a unilateral armed crowd fight. Article 292 of the Criminal Law stipulates that a person who assembles a crowd to fight, causing serious injury or death, shall be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law, that is, convicted and punished in accordance with the crimes of intentional injury and intentional homicide.

The reason why the Criminal Law provides for this is that the act of assembling a crowd to fight often causes serious injury or death to another person, that is, to a certain extent, the degree of violence and danger of assembling a crowd to fight is consistent with the crimes of intentional injury and intentional homicide.

In this case, Sun Zhong instructed the victim and others to gather together to fight with very lethal tools such as baseball bats and knives, and injured three people as soon as he entered the door, and his conduct should be found to be 'other violent crimes that seriously endanger personal safety'.

2. Wu Wen's conduct was defensive in nature.

Although there is a business competition between the health center and Sun Zhong's foot massage hall, the health center has no intention of fighting. From the surveillance video submitted by the prosecutor, it can be seen that the cause of the fight in this case was provoked by Sun Zhong's side, and the location of the fight was also in the health care hall, so the offensive and defensive relationship between the two parties is very clear.

Sun Zhong gathered the victim and others to rush into the body hall and gather a crowd to fight, which was an ongoing unlawful offense, and Wu Wen was justified defense without defense, so Wu Wen's actions should be justified defense.

3. Wu Wen's conduct is not excessive defense and should not bear criminal responsibility.

According to the surveillance video, the victim was much stronger than Wu Wen, and he had a knife in his hand, and he had been chasing and slashing the defendant Wu Wen, and his behavior was sufficient to endanger the personal safety of the defendant and the staff in the health center.

In the process of being chased and slashed, in order to protect the personal safety of himself and the staff of the store, Wu Wen was forced to pick up a baseball bat on the ground to fight back, resulting in the death of the victim, and the defendant Wu Wen's conduct did not exceed the necessary limits of defense, and was not excessive defense.

To sum up, the defender believes that according to the provisions of paragraph 3 of Article 20 of the Criminal Law, Wu Wen's conduct is not excessive defense and should not bear criminal responsibility. The court is requested to make a judgment in accordance with the law: the defendant Wu Wen is not guilty. Complete. Fang Yi said.

"The prosecutor can respond to the defender's statement." The presiding judge said.

"Presiding Judge and Judge: In response to the defender's defense, we are as follows:

According to the surveillance video, it can be seen that after Sun Zhong and the victim and others entered the health center, they mainly smashed objects, and there were no criminal acts such as homicide, robbery, rape, kidnapping, etc., and the employees in the health center were only slightly injured, not fatal, nor seriously injured, and their behavior was more in line with the characteristics of seeking gaps and causing trouble.

In our view, the unlawful infringement should reach a certain level of gravity, i.e., cause serious injury or death to another person, otherwise special defence cannot be established. Therefore, the defendant in this case, Wu Wen, should be punished in accordance with the crime of intentional injury. The female prosecutor argued.

"Defendant Wu Wen's defender can respond to the prosecutor's opinion." The presiding judge said.

"Presiding Judge and Judges:

The defender believes that when judging whether the conduct of the victim and others constitutes "other violent crimes that seriously endanger personal safety" as provided for in article 20 of the Criminal Law, in addition to the criteria previously mentioned by the defender, the following aspects should also be considered:

First, the object of the infringement of the wrongful act is personal safety, that is, the right to life, the right to health, and other rights that endanger the person. The exclusion of other rights, such as property rights, is an important distinction between special and general defences,

In this case, not only the property rights of the health center were infringed, but the personal safety of the staff was also violated, and in addition to the defendant, three employees were slightly injured. If it weren't for the police, more employees would have been injured. It can be seen from this that the actions of the victim and others have endangered their personal safety.

Second, the wrongful act is violent and should be as criminal as a crime.

The terms of homicide, robbery, rape and kidnapping enumerated in article 20, paragraph 3, of the Criminal Code shall be understood in a broad sense, i.e., they shall include the use of such violence as a means to commit other crimes.

In this case, the victim and others smashed the health center with baseball bats and knives, and in the process of chasing and slashing the defendant, the victim's behavior had already violated the defendant's personal safety, and it can be seen from the surveillance video that the victim's pursuit of the defendant was very ferocious, if it was only to deter the defendant, there was no need to be so ruthless, and the purpose was obviously to cause major harm to the defendant, and his behavior was violent. If it is not stopped in time, the consequences are unimaginable.

Third, the unlawful infringement should reach a certain level of severity.

Generally speaking, what constitutes a special defence need is likely to have the effect of causing serious injury or death to another person. However, whether or not the perpetrator's unlawful act has already caused actual harm does not necessarily affect the establishment of special defense. In judicial practice, special defense may also be carried out against the perpetrator who poses a serious threat to the physical safety of others.

In this case, the defendant was bare-handed, and the victim was armed with a watermelon knife, and in the process of being chased and slashed, the defendant's personal safety had been seriously threatened, and there was a possibility of being seriously injured or even killed.

At the time of the incident, the watermelon knife in the victim's hand was knocked down, but instead of fleeing, he rushed up to snatch the baseball bat, and if the victim succeeded, it was likely to cause serious injury or death to the defendant.

It can be seen from this that the victim's conduct has already posed a serious threat to the defendant Wu Wen's personal safety, and Wu Wen's conduct may constitute a special defense.

In summary, the defendant Wu Wen was justified in defending himself against acts of violence that were causing great danger to his personal safety, and should be innocent. Complete. Fang Yi responded.

……

After a ten-minute adjournment, the members of the collegial panel withdrew from the courtroom, and Fang Yi began to clean up the items on the table after drinking two sips of mineral water. Because there were so many people watching, the bailiffs walked around the courtroom to prevent accidents.

Ten minutes soon arrived, and the members of the collegial panel entered the courtroom again, and at the request of the presiding judge, the defendant Wu Wen was brought into the courtroom by the bailiffs.

“…… 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:

…… In summary, in accordance with the provisions of Article 20, Paragraph 3 of the Criminal Law of the People's Republic of China, the defendant Wu Wen's conduct was justified defense and did not bear criminal responsibility, and the verdict was: Wu Wen was not guilty. After the presiding judge finished speaking, he looked at Wu Wen who was standing below.

After being stunned for a moment, Wu Wen suddenly left tears, he lowered his head, his shoulders shrugged, and cried excitedly. Wiping his tears while crying, the great joy after the great sorrow made him a little overjoyful and haggard.

After the verdict was announced, everyone in the auditorium looked relaxed and ran to the front to congratulate Wu Wen. Mr. Wu walked over to Fang Yi.

"Lawyer Fang, thank you! Don't leave today, I'm going to celebrate my brother in the evening, you must be there. I've booked all the private rooms. Mr. Wu said with a happy face.

"Okay, listen to you." Fang Yi has no arrangements for these two days, so it doesn't hurt to stay for one more day.

After the verdict was announced, Fang Yi thought that the procuratorate would protest and he would be able to earn another amount of lawyer's fees, but who knew that the criminal verdict had taken effect, and he did not wait for the notice of the protest. Of course, that's all for later.

After Mr. Wu invited Fang Yi to lunch, he sent him back to the hotel, and at about six o'clock in the evening, he sent someone to pick him up, and everyone pushed the cup and changed the cup in a well-known local restaurant, and Fang Yi drank a lot.

Early the next morning, Mr. Wu personally took Mr. Wu to send Fang Yi to the train station, Mr. Wu had already booked the ticket, and before Fang Yi got on the train, Mr. Wu stuffed him with a big red envelope.

After the train started, Fang Yi sat on the business seat, took out a big red envelope, and glanced at it, a thick stack of 10,000 yuan. Mr. Wu is so generous!

(End of chapter)