"The prosecutor questioned the appellant about the facts ascertained in the first-instance judgment." The presiding judge said.

"Okay, Presiding Judge. Defendant Li Xibin, what did you do on the day of the crime? The prosecutor asked, looking at the dock.

"I went to Zhao Dongtian to ask for the freight, and he asked me to give him a few more days. I told him to go to my room to talk, and he got into my car, and Zou Yu and I sat around him, and then Tian Yi drove the car out of the city. Li Xibin said.

"How did the victim react?" The inspector asked.

"He was about to get out of the car, but Zou Yu took out a knife, put it on his neck, told him to be honest, and then gave him a hibernation injection." Li Xibin said.

"How many injections did you give to the victim?" The inspector asked.

"Five stitches." Li Xibin said.

"Did you notice the contraindications and dosage of hibernation injections when you were getting the injection?" The inspector asked.

"At that time, the hibernation needle was found by Zou Yu, and it was also kept by him, so I didn't ask how to use it." Li Xibin said.

"What happened next?" The inspector asked.

"We put Zhao Dongtian in the vegetable cellar in the backyard of the parking lot. At that time, he didn't wake up, and we thought that the hibernation needle had no medicinal strength, so we ignored him.

The next day, Zou Yu called me and said that the person was dead. Li Xibin said.

"What did you do with the corpse?" The inspector asked.

"We dismembered his body and put it in oil drums, dragged him to the wilderness and buried it." Li Xibin lowered his head after speaking.

"Presiding Judge, we're done." The inspector said.

"Appellant Li Xibin's defender asks questions." The presiding judge said.

"Appellant Li Xibin, what is the relationship between you and the victim Zhao Dongtian?" Fang Yi asked.

"We have a cooperative relationship, and my team has been working together for more than three years to pull rebar and plates for his company." Li Xibin said.

"How much does the victim owe you for shipping?" Fang Yi asked.

"Eight hundred and sixty-four thousand dollars." Li Xibin said.

"Does the victim Zhao Dongtian recognize the amount of freight arrears?" Fang Yi asked.

"Yes, we reconciled the accounts, and he gave me an IOU. Every shipping fee is accounted for. Li Xibin said.

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

His purpose was very simple, that is, he wanted to tell the judge of the collegial panel that this case was caused by the defendant Li Xibin's pursuit of legal debts, and it was not a kidnapping at all.

"The investigation of the defendant Li Xibin was concluded, and the bailiff took Li Xibin out of the courtroom. Brought the defendant Zou Yu into the courtroom. The presiding judge said.

Fang Yi can take a breath for the time being, and the next thing is Lawyer Song's work. After the investigation of Zou Yu was completed, the bailiff took Zou Yu out of the courtroom, and the defendant Tian Yi was brought into the courtroom and began to be investigated by the court.

This was followed by the presentation of evidence and cross-examination, because the defendant recognized the facts of the case and had no new evidence to submit, so the presentation and cross-examination of evidence was quickly concluded.

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues.

First, the appellant Li Xibin defended himself. The presiding judge said.

……

"Appellant Li Xibin's defender spoke." The presiding judge said.

"Presiding Judge and Judges: Before expressing the opinions of the defender, please allow the defender to express his deep condolences to the victim's family. (The defense opinion must be unpleasant to the victim's family, so it is necessary to communicate the feelings first)

The defender believes that defendant Li Xibin's conduct does not belong to the crime of kidnapping, and should be found to be the crime of illegal detention. Here's why:

In order to recover the lawful creditor's rights owed to him by the victim, the defendant used hibernation needles to illegally detain the victim Zhao Dongtian in the vegetable cellar of his convoy, resulting in the death of the victim Zhao Dongtian. During the period of unlawful detention of the victim, the defendant Li Xibin did not commit any violent acts against Zhao Dongtian that could cause his disability or death.

According to the evidence on record - the expert appraisal conclusion, the defendant's injection of hibernation into the victim was not enough to cause the victim's death, and the victim's death was the result of the action of various factors, including drug reactions, the victim's water, salt and electrolyte disorders, hypoglycemia, lack of oxygen in the vegetable cellar and other factors.

It can be seen from this that the defendant in this case, Li Xibin, illegally seized and detained others in order to collect debts, and in the process of illegal detention, in order to prevent the victim from resisting, he could not bring him back safely, and forcibly injected him with "hibernation", although he caused the victim's death, he did not have the subjective intention to hope or allow the victim's death.

The death of the victim occurred because of the defendant's negligence. Therefore, the defendant's conduct meets the constitutive elements of the crime of illegal detention under article 238 of the Criminal Law, and is causing death in the course of illegal detention, and should be defined as the crime of illegal detention.

The defender recommended that the defendant Li Xibin be sentenced to 10 years in prison and asked the court to change the sentence in accordance with law. Fang Yi said.

"It is now up to the Prosecutor to speak." The presiding judge said.

"Presiding Judge and Judge: We believe that the facts found by the court of first instance are clear, the characterization is accurate, and the sentence is appropriate, and we ask the court to reject the defendant's appeal in accordance with law. Complete. The inspector said.

"The prosecutor may respond to the defender's arguments." The presiding judge said.

"Okay, in response to the defense of the defender, we make the following observations:

In this case, the defendant kidnapped another person and caused the death of another person, although the defendant did not have direct intent, but there was indirect intent, and allowed the victim's death to occur, so the defendant Li Xibin's conduct constituted the crime of kidnapping. Complete. The inspector said.

"The defender may respond to the prosecutor's opinion." The presiding judge said.

"Based on the prosecutor's defense and response, the defense counsel issued the following defense opinions:

Defendant Li Xibin's act of abducting others for the purpose of collecting lawful debts should be convicted of the crime of illegal detention and not constitute the crime of kidnapping. Here's why:

Article 238 of the Criminal Law stipulates that illegally detaining another person or illegally depriving another person of his or her personal liberty by other means constitutes the crime of unlawful detention.

Article 239 stipulates that a person who kidnaps another person for the purpose of extorting property or property, or kidnaps another person as a hostage, shall constitute the crime of kidnapping.

From the above provisions, it can be seen that the crime of kidnapping is the act of kidnapping another person by violence, coercion or other means for the purpose of extorting property or taking hostages. The crime of unlawful detention is the act of illegally depriving another person of his or her right to personal liberty by illegal detention, confinement, or other means.

There is no qualitative difference between the crime of kidnapping and the crime of illegal detention in terms of the method of depriving another person of his or her personal liberty, and both may use violence, coercion or other methods; The crime of unlawful detention may also be constituted by kidnapping, and the two crimes are basically the same in terms of spatial characteristics, either by staying on the spot or by abducting the victim from his original location.

In recent years, in judicial practice, there have been many cases of 'kidnapping and debt collection' that infringe on citizens' personal rights arising from disputes over creditor's rights and debts, that is, the criminal act of 'exchanging money for others' by forcibly seizing the debtor or his relatives in order to recover legitimate debts.

In this case, the defendant Li Xibin and others illegally detained the victim in order to demand a lawful debt. Although the illegal detention of defendants Li Xibin and others is very similar in form to the kidnapping for the purpose of extorting property, there are essential differences:

First of all, the purpose of the crime is different, the crime of kidnapping is for the purpose of extorting property; The crime of unlawful detention is aimed at recovering legal debts, and the detention of debtors is used as a means of repaying debts.

Second, the target of the crime is different, and the kidnapped person in the crime of kidnapping is generally not at fault of himself, and he is not a specific person; Most of the kidnapped persons for the crime of illegal detention have certain faults themselves, that is, they fail to repay their debts, and the kidnapped persons of this crime can generally only be the debtor himself or his close relatives.

In this case, the defendant Li Xibin's act of kidnapping the debtor for the purpose of collecting legal debts complied with the provisions of Article 238, Paragraph 3 of the Criminal Law, 'illegally seizing and detaining others for the purpose of collecting debts', and the nature of his conduct should be illegal detention, not kidnapping.

To sum up, the defense believes that the defendant Li Xibin constituted the crime of illegal detention, not the crime of kidnapping. Complete. Fang Yi said.

With Fang Yi proofing in front, Lawyer Song and Wang Yong referred to his opinions and expressed their defense opinions one after another. The three of them have discussed the defense plan before, and although the defense statements of each defendant are somewhat different, the general direction is the same.

……

“…… Ask the bailiffs to bring the defendants Li Xibin, Zou Yu, and Tian Yi 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:

Appellants Li Xibin, Zou Yu and Tian Yi used kidnapping to illegally detain the debtor Zhao Dongtian and deprive him of his personal freedom in order to recover debts. In order to control Zhao Dongtian, Li Xibin and others injected him with hibernation spirit many times, and after forensic evaluation, there was no sufficient basis to confirm that Zhao Dongtian died directly due to the injection of hibernation. Therefore, his actions have constituted the crime of illegal detention.

This court adopts the grounds of appeal and defense opinions of Li Xibin, Zou Yu, Tian Yi, and their defense lawyers that the conduct of the three defendants constitutes the crime of illegal detention and does not constitute the crime of kidnapping.

In accordance with the provisions of Article 189 (2) of the Criminal Procedure Law and Article 238 Paragraphs 2 and 3 of the Criminal Law, the judgment is as follows:

1. Revoke the Municipal Intermediate People's Court's Criminal Judgment No. 18;

2. Appellant Li Xibin was convicted of illegal detention and sentenced to 15 years' imprisonment and deprivation of political rights for four years;

3. Appellant Zou Yu was convicted of illegal detention and sentenced to 15 years' imprisonment and deprivation of political rights for four years;

4. Appellant Tian Yi was convicted of illegal detention and sentenced to 10 years' imprisonment and deprivation of political rights for two years. The presiding judge pronounced the verdict.

After hearing the verdict, Li Xibin's nervous mood relaxed, and he walked around in front of the gate of Hades, almost going to reincarnate, which gave him a new understanding of life, if he was asked to choose between money and life again, he would not hesitate to choose his life, after all, the guy who has no food, no matter how much money he has, he can't enjoy it, and now he is facing fifteen years in prison, and he finally realizes what it feels like to be guilty.

Zhao Dongtian's family has long been settled by Li Xibin's brother with money, although Zhao Dongtian is gone, but his daughter-in-law and children are still there, people can't be resurrected after death, and the living people have to continue to live, his daughter-in-law can't make much money alone, with the compensation, the family doesn't have to worry about eating and drinking, and the child's future college tuition is also available, Zhao Dongtian's daughter-in-law's soul has been somewhat comforted.

The defense bench was above Yi and Lawyer Song, and they congratulated each other on the success of the defense, and they were in a good mood. After joining the team, he heard about Fang Yi's name, and it only took more than a year to be promoted to a partner of Wanhua United Law Firm, and he was somewhat envious and jealous in his heart.

Now that he has discovered the gap between himself and Fang Yi, it is no wonder that people are famous in the circle, and they do have some skills. He couldn't help but sigh in his heart: both Shengyu and He Shengliang. In fact, he thinks too highly of himself, and his professional level is one section worse than that of Lawyer Song, so how can he compare with Fang Yi.

After leaving the court, Fang Yi called Mr. Li, briefly explained the situation of the next trial, and told him the verdict. Mr. Li just replied that he knew, and hung up the phone. Fang Yi couldn't understand whether Li was always satisfied with the outcome of his defense, or if he was not satisfied. That's it, that's all there is to it.

When everyone walked into the restaurant, it was already half past three in the afternoon, they had lunch, rested for the afternoon, and got on the train home the next morning.

When Fang Yi appeared in the office of Wanhua United Law Firm again with his briefcase, Wan Kefa walked in with a smile.

"Xiao Fang, well done! Mr. Li of Guangyao Group has promised to sign a legal counsel agreement with us in September. Then Wan Kefa put a black leather bag on Fang Yi's desk.

"Lao Wan, what does this mean?" Fang Yi glanced at the bulging leather bag and asked.

"Mr. Li counts, this is 100,000 yuan, a reward for you." Wan Kefa said with a smile.

"Don't you want a kickback?" Fang Yi joked.

"Cut, I thought I hadn't seen the money, old man. When I made money back then, didn't you see that there was money everywhere in my big cabinet, in the drawers, and under the bed, and it was a mess at home.

My mother helped me clean up the house, and I collected more than 200,000 yuan at once. Life was so good at that time, although it was not as rich as it is now, but it was young at that time, and youth was everything......" Wan Kefa's eyes were a little confused, as if he was looking at the past.

"yes, it's good to be young. It seems that my youth was given to college, except for writing papers and checking information, drinking and playing cards, I didn't do anything serious, it was all wasted! Fang Yi said with emotion.

"This is said as if someone's youth has not been wasted, isn't youth used to squander?" Wan Kefa pouted.

"That's not right. People often say: old to be frivolous, less to be stable! How did it become a waste of youth to come to you? You have to instill positivity in us. Fang Yi said with a smile.

"Don't listen to their bullshit, the person who said this must be a nerd, youth must have the appearance of youth, is it interesting to be steady and interesting like an old man all day long? I want to be frivolous now, old arms and legs, how frivolous to get up!

Okay, I'll have a treat on Friday night, let's go to the modern agricultural sightseeing park, it's all booked, stay overnight and come back the next afternoon. The first is to celebrate your victory, the second is to celebrate our team to sign another big customer, and the third is that we haven't had a dinner party for a long time, so let's have a team building. Wan Kefa laughed.

Ask for monthly passes, recommended tickets, and collections! Thank you for your great support!

(End of chapter)