A few days later, in the morning, Wan Kefa sat at the tea table, crossed his hands and looked at Huang Yuanchao opposite: "Old Huang, what kind of bad idea did you come up with, Fang Yi came to me yesterday and said that he would not accept this kind of case of killing relatives in the future." ”

"Don't worry, I didn't expect these two cases to be so bad, as the saying goes, there are only three things, let's do it again, I think it will work this time." Huang Yuanchao scratched his head and said.

At this moment, the prompt of Wankefa's mobile phone sounded, and a WeChat message appeared on the screen. Wan Kefa smiled after reading it: "There is a party who has designated Fang Yi to undertake the case. Guess what the case is? ”

"It's not going to be another case of homicide, is it?" Huang Yuanchao blinked and asked.

"The defendant killed his father!" Wan Kefa glanced at him: "This is the third one." ”

To tell the truth, if it weren't for the client's request for Fang Yi to take on this case by name, and the lawyer's fee was 50,000 yuan, he would never have taken on this kind of murder case again.

People are sometimes so contradictory, what they want in their hearts is not consistent with what they can get in reality most of the time, and they have to succumb to reality due to the pressure of life.

As soon as the party's mother came, she asked Fang Yi to handle her son's case, and after Xie Youhe understood the situation, he transferred the case to the litigation department of the Wanke Law team.

Twenty minutes later, Fang Yi walked into the conference room.

In the conference room, a woman who looked to be in her sixties was sitting on a chair secretly wiping her tears, her skin was rough, her face and neck were dark red, and she knew at a glance that she had been working in the fields all year round and had been exposed to the sun.

The skin on her face and neck was loose, and her whole person looked haggard and pitiful.

"Hello, are you Ms. Shi? I'm Fang Yi. Fang Yi sat down across from her and said.

"Hello, Lawyer Fang." Ms. Shi recalled the photos on the website that her niece had shown her before, and said secretly: Yes, this is Lawyer Fang.

"My colleague said you were going to entrust me with your son's criminal case, is that true?" Fang Yi asked in a calm tone.

"Yes. My niece said that you are a well-known local criminal lawyer and have handled many criminal cases. She asked me to come to you, and as long as you are willing to take my son's case, there is hope that my son will be saved. Ms. Shi looked at Fang Yi with straight eyes, a little emotional.

Fang Yi was stunned: I'm not an immortal, how can I have so much energy!

"Don't worry! Can you tell us about the circumstances at the time of the incident? Fang Yi comforted.

Ms. Shi nodded, and said the painful experience she didn't want to remember but had to recall: "Our family lives in the village, although it is not very rich, but the family contracts the fruit trees in the village, and we can make some money a year, and we don't have ......to worry about eating and drinking."

Ms. Shi's name is Shi Xiuzhen, her husband's surname is Xiao, his name is Xiao Laiwang, and his son's name is Xiao Ke.

Xiao Laiwang is very diligent, and his brain is also active, the only drawback is that he is short-tempered, and he usually scolds his family, especially after drinking, his temper is even greater.

In the past few years, life has been relaxed, the family has some foundation, and he can't do without wine for a meal, and he loses his temper after drinking, and scolds his family. Shi Xiuzhen and her son are afraid of him.

Last year, because she disliked the tasteless food made by Shi Xiuzhen, Xiao Laiwang beat her into the hospital on a bench, and she didn't come out of the hospital for more than half a month. His son Xiao Ke was also often beaten by him, and bruises were often visible on his body, and seeing him was like a mouse seeing a cat.

Two months ago, a customer came to the orchard to pick, at noon the customer invited a guest to eat Xiao Laiwang drank two cups, and when he returned home, he saw Shi Xiuzhen washing clothes in the yard, and there were new quilt covers and pillowcases on the bed in the house, which had not yet been installed, which looked a little messy.

Xiao Laiwang, who was dazed from drinking, suddenly became angry, ran to the courtyard and kicked Shi Xiuzhen, who was washing clothes, to the ground, and then pointed at her nose and scolded.

Shi Xiuzhen didn't dare to provoke him, so he hid in his son's bedroom for refuge, in the past, Xiao Laiwang scolded for a while and couldn't see anyone, and it passed, but today I don't know what happened Xiao Laiwang scolded endlessly, the more he scolded, the more energetic he became, and chased him to his son's bedroom and beat and scolded Shi Xiuzhen.

At this time, Xiao Ke happened to come back from the orchard, and hurriedly entered the house to persuade his father Xiao Laiwang, this persuasion was good, Xiao Laiwang scolded more vigorously, scolded in a hurry, picked up the broom at hand and chased the two in the house, shouting to kill them while beating.

Later, he couldn't enjoy the fight, he ran to the kitchen to get a kitchen knife, and Xiao Ke saw that he didn't wait for Xiao Laiwang to enter the door, so he hurriedly ran over and grabbed the kitchen knife.

Xiao Laiwang saw that the kitchen knife was taken away, and scolded his son, because his legs and feet were not as flexible as his son's, and he couldn't catch up, so he returned to his son's bedroom and continued to beat Shi Xiuzhen.

Shocke heard his mother's cry for help and hurried into the bedroom, only to see his father grabbing his mother's hair and hitting the wall, and his mother had already been hit with blood on her head.

When Xiao Ke saw his mother's tragic situation, he suddenly became angry in his heart, and the evil was born to the side of his guts, waving the kitchen knife in his hand and slashing at Xiao Laiwang, and the anger that had accumulated for many years broke out at once.

Xiao Laiwang fell in a pool of blood, his head, neck, shoulders and other places were slashed by kitchen knives, and the blood was left on the ground, staining Xiao Laiwang's shirt red.

The kitchen knife fell to the ground, and Xiao Ke was stupid to the side.

The mother relieved herself and hurriedly urged Xiao Ke to call the emergency number, and the two sent Xiao Laiwang to the hospital for treatment. The next day, under the persuasion of his mother, Xiao Ke surrendered to the public security organs. That night, Xiao Laiwang died of hemorrhagic shock.

After that, the procuratorate filed a lawsuit with the Intermediate People's Court for the crime of intentional injury.

"Lawyer Fang, my son slashed his father in order to save me, and I am willing to pay for my life with my life. I just want to save my son's life. Shi Xiuzhen touched the tears on her face.

"Don't get excited, I don't think your son will be sentenced to death." Fang Yi said.

"Really?" Shi Xiuzhen looked at Fang Yi in a daze.

"But I need your cooperation." Fang Yi thought about it.

"You say, I will cooperate." The woman is weak, and the mother is strong, and now Shi Xiuzhen has a heart, as long as she can save her son, roll the nail board, and bankrupt the family, she is also willing.

"Can you tell the village and ask the village committee to issue a certificate to prove your husband Xiao Laiwang's usual misdeeds, and that your mother and son are often subjected to domestic violence. Then, you will also need to issue a letter of understanding to forgive Shook for what he did. Fang Yi thought for a moment.

"How do you write a letter of understanding? The village issued a certificate...... Lawyer Fang, can you come with me to the village to talk to the village chief? I'm afraid I can't tell, they don't know how to write. Shi Xiuzhen said.

"Well, no problem, let's go after lunch." Fang Yi glanced at the time, it was already half past eleven, there was no arrangement today, and it was nothing to go to the village.

Shi Xiuzhen's family lives in a remote small village, mostly mountainous, with few flat bottoms, and a patch of fruit trees planted on the mountain.

In the afternoon, Fang Yi drove under the guidance of Shi Xiuzhen and found the village committee. The director of the village committee is also surnamed Xiao, in his forties, he looks very rich, and when he heard that Fang Yi came to learn about Xiao Laiwang's family, he warmly received him.

"Lawyer Fang, let me tell you the truth, Xiao Laiwang is notoriously short-tempered in the village, and he was detained by the police for drinking and beating people when he didn't get married.

After so many years, I originally thought that he was in his sixties and his temper should be restrained, but he didn't expect that it would be like that, and no one in the village usually dared to provoke him.

Xiuzhen's sister-in-law is an honest person, since she married into the old Xiao family, she hasn't stopped a day, Xiao Laiwang scolded every once in a while, even when she was pregnant with her Xiao Ke, Xiao Laiwang's mouth was not idle.

Ay! Xiuzhen's sister-in-law has suffered a lot over the years, it's not easy! Xiao Ke has such a 'good' father, and he doesn't know what evil he created in his previous life. Director Xiao said indignantly.

"Director Xiao, Lawyer Fang came here this time to ask our village to give my son Xiao Ke a certificate." Shi Xiuzhen said and looked at Fang Yi.

"Director Xiao, can the village issue an explanation of Xiao Laiwang's daily behavior and whether there is domestic violence? The village can write realistically, mainly to let the judge understand Xiao Laiwang's virtues in the village. Fang Yi explained.

"Domestic violence?" Director Xiao frowned and said.

"It's the situation where two people fight, and Xiao Laiwang beats the child and his daughter-in-law." Fang Yi said.

"Oh, I see. If you want to talk about Xiao Laiwang's domestic violence, there must be it, since Xiuzhen's sister-in-law entered their house and was beaten. The whole village knows about this, which proves that our village is out. As long as it can help Shock's case, you can let us do anything. "Director Xiao is upright.

Now that Xiao Laiwang is no longer there, the people in the village have a bad impression of him, there is no need to offend the living for a dead person, and they are still a family, which proves that they will not offend anyone, and they can still fall into personal favors, and they will not see anyone when they look down, so why not. Director Xiao thought very clearly.

Director Xiao got up and called the assistant director (a college student village official who had just come to the village, and he usually handled the matter of writing and arithmetic), and asked him to take Shi Xiuzhen to write the certificate. Shi Xiuzhen had signed the letter of understanding when she was in the law firm before, and Fang Yi asked her to send the letter of understanding and the certificate from the village to the court before the trial.

After Shi Xiuzhen went out, Director Xiao chatted with Fang Yi: "Hey! To say that Xiao Laiwang is also a capable person in the village, he has a set of planting fruit trees, but his temper is too stinky, so he ignites the fire.

A few years ago, there was a fortune teller in the village, who stood on the dirt slope and pointed to Xiao Laiwang's grave and said that the cemetery was not well chosen, and that brothers would hurt each other, and father and son would kill each other.

After Xiao Laiwang heard this, the fortune teller who chased him with a kitchen knife ran all over the village, if it wasn't for the old village chief to stop him, he would have to die.

At that time, we all guessed that the fortune teller must have wanted to scare Xiao Laiwang and defraud him of two dollars from his house, but we didn't expect to meet an unbeliever. Now it seems that they are right, the fortune teller is a master! Director Xiao said with a sense of urgency.

After a while, Shi Xiuzhen came back and brought back a certificate stamped with the official seal of the village for Fang Yi to see. The certificate is written very objectively, and there is everything that should be there, Fang Yi asked Shi Xiuzhen to put the certificate away.

On the way back by car, Fang Yi pondered vigorously, what happened recently, how to take on the cases of killing relatives, it was really a headache.

Early the next morning, Fang Yi went to the detention center to meet Xiao Ke. Shook has good facial features, short hair, and big eyes, and looks honest. At this time, his expression was a little sluggish, and he had not yet come out of the shadow of killing his father.

What Xiao Ke said was not much different from what Shi Xiuzhen said, and Fang Yi recorded them one by one.

"Lawyer Fang, I heard from the people inside that if I killed someone, I might be shot. Is it true? Shock's eyes flickered, and he was more apprehensive than confused.

"Your case has been transferred to the Intermediate People's Court, which shows that the procuratorate believes that your behavior is very harmful to society, and you may be sentenced to more than 10 years in prison, or even life imprisonment or the death penalty.

But from what I know of the case, it is certain that you have committed the crime of intentional wounding, but you slashed your father in order to save your mother, which in turn led to the death of your father. So I personally don't think the court will necessarily sentence you to death.

In the afternoon, I will go to the court to read the case file, and the day after tomorrow I will go to the procuratorate to communicate with the procurator in charge of the case. Fang Yi said.

When Fang Yi went to the procuratorate to communicate with the prosecutor in charge of the case, Zhou, he got a piece of news that the media was paying close attention to the case, and it was said that in order to publicize the legal system, the court had approved media reporters to enter the scene and report on the case.

Sure enough, a few days later, the court called, telling Fang Yixiaoke's case that it would be tried publicly, and that there would be media reporters to interview him on the spot, asking him to pay attention to his words and deeds, and to wear a lawyer's robe on the day of the trial.

"Old Fang, don't you leave after work?" When Huang Yuanchao put on a down jacket and was about to go home with his bag, he saw that Fang Yi was still sitting at the desk, so he walked up to him.

"There's a case of intentional injury, and I'm going to trial next week, and I'm preparing my defense. You go first, and I'll check the information. Fang Yi said.

"Okay, I'll go home first. Pay attention to your body and don't fight too hard. After Huang Yuanchao finished speaking, he turned around and left.

Fang Yi got up and stretched, looked at the back of Huang Yuanchao who was far away, and smiled bitterly in his heart: "The word "go home" is so familiar to me, and it is so unfamiliar, I can never go back to that warm home. Let's take it one step at a time!

People, as long as they are alive, should have a head, and Fang Yi's head is his son Fang Anzhi.

On the day of the trial, the courtroom was full of people, Shi Xiuzhen was among them, and there were many people with cameras in the first row, who should be reporters.

There is a camera in the front, and a burly man stands in the back, adjusting the camera position.

The moment the gavel was struck, the trial began.

After completing the previous fixed procedures, the presiding judge asked the prosecutor to read out the indictment. The short and fat man sitting at the head of the prosecutor's bench is Prosecutor Zhou, who has communicated with Fang Yi about the case before.

“…… Defendant Xiao Ke slashed the victim's head, neck, shoulders and other parts with a kitchen knife, and after the victim was taken to the hospital for treatment, he died of hemorrhagic shock at 7 p.m. the next day.

This court holds that the defendant Xiao Ke's conduct violated the provisions of Article 234 of the Criminal Law of the People's Republic of China, 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 view of the fact that the defendant Xiao Ke has the circumstances of voluntarily surrendering and has received the forgiveness of his family and has pleaded guilty and accepted punishment, the punishment may be mitigated or commuted in accordance with article 67 of the Criminal Law and article 15 of the Criminal Procedure Law of the People's Republic of China.

In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, this court initiates a public prosecution and requests a sentence in accordance with law. Complete. After Prosecutor Zhou finished reading the indictment, he looked at the judge.

"Defendant, did you hear clearly 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? The presiding judge said.

"I have no objection." Shook looked nervous, but in fact he was, he was on the verge of a breakdown.

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

"Okay, Presiding Judge. Defendant Xiao Ke, what is the relationship between the victim Xiao Laiwang and you? Inspector Zhou asked.

"He's my father." Shook Road.

"Who did the injuries on the victim Xiao Laiwang?" Inspector Zhou asked.

"I cut it with a kitchen knife." Shook said with his head down.

"Why did you cut your father with a kitchen knife on the day of the incident?" Inspector Zhou asked.

"Because he beat my mother." Shook Road.

"How did he beat your mother?" Inspector Zhou continued to ask.

"He grabbed my mother's hair with his hand and slammed it against the wall." Shook wiped his tears and said.

"Presiding judge, the prosecutor has finished asking." Inspector Zhou said.

In Fang Yi's view, Inspector Zhou was avoiding the important and trivial, he had no reason for the proposal, nor did he have the origin of the kitchen knife, he wanted everyone in the audience and the judge to think that Xiao Ke was an impulsive murder and a crime of passion. But that's not what Fang Yi wants everyone to see.

"Does the defendant's advocate need to ask questions of the defendant?" The presiding judge asked.

"Yes, a question is needed." Fang Yi looked at the outline of the question, and then said, "Defendant Xiao Ke, where did the kitchen knife you used to slash the victim Xiao Laiwang come from?" ”

"I took it from my father." Shook Road.

"In other words, the murder weapon kitchen knife in your hand belongs to your father Xiao Laiwang, right?" Fang Yi deliberately repeated that his purpose was to deepen the impression of the judge and the on-site observers of the kitchen knife.

"Yes!" Shook Road.

"What is your father going to do with a kitchen knife?" Fang Yi continued to ask.

"He's going to cut me and my mom with a kitchen knife."

As soon as Xiao Ke said this, everyone in the auditorium was immediately startled, and the reporters sitting in the front row immediately focused their attention on the lawyer's question as if a shark smelled blood.

"Did the victim Xiao Laiwang say that, or did you guess?" Fang Yi asked.

"He used to beat me and my mom in the bedroom, but then he got angry and yelled that he was going to kill us and went to the kitchen to get a kitchen knife. I was afraid that he would hurt my mother, so I ran out and grabbed the kitchen knife. Shook said.

"Why slash him when he's already taken the kitchen knife and he doesn't pose a threat to your mother?" Fang Yi asked.

Yes! Why? The reporters in the gallery also had this question in their hearts.

"I didn't want to cut him at the time, but when I heard my mother's cry for help, I ......" Shook said and choked up: "I don't want to, I really don't want to ......"

At this time, Fang Yi couldn't continue to ask, he could only wait for the defendant Xiao Ke's mood to calm down before continuing to ask.

"Defendant Xiao Ke, you control your emotions, it's time for the trial. We will not wronged a good person, nor will we spare a bad person......" Judge An Fu said.

"Does the defendant's defender continue to ask questions?" After a while, the presiding judge saw that Xiao Ke's mood had stabilized a bit, and looked at Fang Yidao.

"Yes, we need to keep asking." Fang Yi pondered after speaking: "Defendant Xiao Ke, I know you feel very uncomfortable, but this is the court, we need to understand the truth of the matter, so that the judge can make a notarized judgment, please control your emotions." ”

"Uh-huh......" Shook raised his hand to wipe his tears and nodded in agreement.

"What did you do when you heard your mother's cry for help?" Fang Yi asked.

"I ran into the house and saw my father, Xiao Laiwang, grabbing my mother's hair and hitting the wall, and my mother's head was covered in blood. I couldn't control it, so I slashed him with the kitchen knife in my hand. Shook said.

After crying, the pressure in his heart was released a lot, and his mood was much more stable.

"What did you do after your father was cut off?" Fang Yi continued to ask.

"My mother asked me to call an ambulance and we took him to the hospital. At the persuasion of my mother, I went to the police station and turned myself in. Shook said.

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

There was nothing to say in the presentation of evidence and cross-examination, and the prosecutor provided evidence such as the on-site inspection records, the defendant's confession, the tools used to commit the crime, and the autopsy report.

Defendant Xiao Ke and defender Fang Yi both accepted the above evidence, and then Fang Yi presented a letter of understanding from the defendant's mother, Shi Xiuzhen, a certificate issued by the village committee, and medical records from the hospital, proving that the defendant Xiao Laiwang often committed domestic violence against the defendant and his mother Shi Xiuzhen at home, and that there were cases from the hospital as evidence.

……

"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 when the defendant Xiao Ke was beaten by his mother, he impulsively slashed the victim Xiao Laiwang, resulting in the victim's death.

Although the defendant Xiao Ke injured people for the purpose of rescuing his mother, Shi Xiuzhen, from the analysis that Xiao Ke slashed Xiao Laiwang with a kitchen knife, causing multiple injuries and causing him to die of hemorrhagic shock, although his conduct had the purpose of legitimate defense, the victim Xiao Ke's conduct clearly exceeded the necessary limit, causing the serious consequences of the victim's death, so it can be determined that Xiao Ke's conduct constituted excessive defense.

In view of the fact that his actions were excessively defensive, he surrendered voluntarily, and he pleaded guilty and accepted punishment, we recommend that the court sentence him to 10 years in prison. Complete. Inspector Zhou said.

Afterwards, Xiao Ke defended himself, Xiao Ke had a limited level of education, and there were not many words in his stomach, and he always said a few sentences back and forth, and finally the presiding judge interrupted his self-defense.

"Defendant Xiao Ke's defender gives his defense opinion." The presiding judge said.

"Presiding Judge and Adjudicator: The defender believes that the defendant has constituted excessive defense and should be punished by the criminal law, but his punishment should be commuted. Here's why:

1. The defendant has the right to defend himself

In this case, the victim Xiao Laiwang had been committing domestic violence against the defendant Xiao Ke and his mother, and on several occasions the defendant's mother was beaten and hospitalized.

On the day of the incident, the victim Xiao Laiwang went home after drinking alcohol and scolded the defendant's mother for trivial matters, after which the defendant returned home to dissuade her.

During the beating and scolding, the victim Xiao Laiwang threatened to kill the defendant and his mother, and went to the kitchen to get a kitchen knife, and the defendant Xiao Ke snatched the kitchen knife from the victim Xiao Laiwang's hand in order to avoid the tragedy.

However, the victim Xiao Laiwang's unlawful infringement of the defendant's mother, Shi Xiuzhen, continued, and although it was not the defendant who beat him, combined with the fact that the victim usually had serious domestic violence after drinking, the possibility that his violent behavior caused more serious consequences cannot be ruled out. Therefore, the defendant Xiao Ke has the right to defend himself against the victim Xiao Laiwang's ongoing domestic violence.

2. The defendant's conduct was excessively defensive

From the analysis of the defendant Xiao Ke's slashing of the victim with a kitchen knife and causing him multiple injuries, causing his death due to hemorrhagic shock, his conduct was indeed not equal to the means and severity of the victim's unarmed domestic violence, so Xiao Ke's conduct constituted excessive defense.

3. The defendant has mitigating and mitigating circumstances

First, Xiao Laiwang's village committee issued a certificate proving that the victim Xiao Laiwang had a history of domestic violence, and requested that the defendant Xiao Ke be given a lighter punishment.

Second, after the incident, the defendant Xiao Ke immediately sent Xiao Laiwang, who had been slashed, to the hospital for treatment, and voluntarily surrendered to the public security organs, and obtained his mother's forgiveness. There are mitigating circumstances.

Finally, the victim in this case was at fault for the occurrence of the case, and the defendant Xiao Ke's devotion to saving his mother caused the serious consequences of the victim's death, which was less harmful to society and was an excessive defense. The court is requested to reduce the defendant's punishment in accordance with law.

In summary, the defender suggested that a suspended sentence be applied to the defendant Xiao Ke. Complete. Fang Yi said.

Fang Yi's defense opinions caused a commotion in the auditorium, some people thought that it was impossible to apply a suspended sentence for killing someone, and some people felt that the sentence recommended by Fang Yi was reasonable out of sympathy for Xiao Ke.

Fang Yi's suggestion that the court apply a suspended sentence to the defendant Xiao Ke was not a slap on the head, but a sentencing recommendation made after referring to the judgments of local courts on such cases in recent years. Although the local courts may not necessarily apply, it does not hurt to advise.

……

(End of chapter)