Chapter 591: Do you want a lawyer to help you travel back?
When the female resident opened the door and entered the house, Jinli slammed the other party's head twice with a rolling pin, who knew that the other party was wearing a helmet and was not knocked unconscious, he panicked, and took the opportunity to escape when the other party was beaten.
After escaping, he wandered around the neighborhood for a while, and then prepared to return home, when he walked into the hallway, he heard the sound of a female resident calling the door.
Jin Li mistakenly thought that the other party had recognized him, and when he saw that the security door of the opposite door was not closed, he took out a sharp knife and rushed in. He forced the female resident to the bedroom with a knife, stabbed the other party several times in the waist, abdomen, and head, stabbed the other party to the ground, and then stabbed the other party several times in the neck, causing the other party's trachea and bilateral carotid arteries to be severed, and he died of hemorrhagic shock.
Five days later, Jinli was arrested at his home.
"How did the court decide your son's case?" Fang Yi asked.
It has been more than a year since July last year, and Jinli's case is not a complicated case, according to Fang Yi's speculation, the case should have been adjudicated.
"Yes, the court held that my son Jinli entered the other party's house to steal and kill others, which constituted intentional homicide.
In view of the fact that my son is a student at school, has a good attitude of admitting guilt, shows remorse, and has actively compensated the victim for economic losses, I finally found my son Jinli guilty of intentional homicide and sentenced to death with a two-year reprieve, and deprived of political rights for life. This is the verdict. Jin Huapeng said, took out a criminal verdict and handed it to Fang Yi.
Fang Yi took it and looked at it, and said in surprise: "This was sentenced at the end of last year, and now the appeal period has passed?" Have you appealed? ”
"We didn't appeal." Jinhua Pengdao.
Now that the verdict has been handed down and no appeal has been raised, it has been so long, Fang Yi can't think of what the other party wants to consult with him.
"And what questions did you come to me for advice?" Fang Yi looked at the other party suspiciously.
"We did not appeal, but the procuratorate lodged a protest with the Provincial High Court on the grounds that my son's crime was particularly heinous, his methods were extremely cruel, and the sentence in the first instance was unusually light." Jinhua Pengdao.
"The second trial has begun?" Fang Yi asked.
"It's been driven a long time ago, and the verdict has come down.
The court of second instance held that my son had committed the crime of intentional homicide, and that the circumstances of the crime were heinous, the methods were cruel, and the crime was extremely serious.
Although my son pleaded guilty and our family actively compensated the victim's economic losses, it was not enough to give a lighter punishment and should be punished more severely in accordance with the law.
In the end, my son Jinli was convicted of intentional homicide and sentenced to death and deprived of political rights for life. As he spoke, Jin Huapeng took out another copy of the verdict and handed it over.
Fang Yi was so angry in his heart, couldn't he take out all the verdicts at once?
"The second trial has been judged, and I'm afraid I can't help this case." Fang Yi said.
Good guys, it's all come to this point, what's the use of finding a lawyer? Fang Yi is really struggling, I don't know what Jin Huapeng thinks, do you want the lawyer to help you travel back?
"Hey, I heard from the lawyer that now that the case has been reported and is ready for a death penalty review, I would like to consult with you, is there any way to save my son's life?" When Jin Huapeng asked this, he didn't have any confidence, obviously he didn't have hope in this matter.
"This ...... I really can't help it, unless ......" Fang Yi hesitated and said.
"Unless what?" Mr. Kim's eyes instantly radiated a multicolored light, as if he saw hope.
Paragraph 3 of Article 18 of the Criminal Law stipulates that a mentally ill person who has not completely lost the ability to recognize or control his or her own behavior shall bear criminal responsibility for committing a crime, but the punishment may be mitigated or commuted.
If your son is a mentally ill person with limited capacity for criminal responsibility, the Supreme Court may save his life. Fang Yi said.
"What do you mean......" Jin Huapeng immediately came to the spirit.
"I don't mean anything, I just tell you what kind of defendant will be punished lightly or lightly." Fang Yi immediately explained.
Good guy, it's just a simple consultation on a legal issue, and then go back and get yourself suspected of abetting a crime, it's too risky, it's not worth it!
"Yes, you don't mean anything, I'm here to consult, you're answering my inquiry. Manager Ouyang, I want to talk to Lawyer Fang alone, ...... you look" Jin Huapeng looked at Ouyang Jie on the side.
"You talk, I just want to talk to Lawyer Ma about the case. Mr. Jin, call me after you talk to Lawyer Fang. I'll send you back. Ouyang Jie got up and left the conference room very interestingly.
After Ouyang Zhuo left, Jin Huapeng looked at Fang Yi: "Lawyer Fang, don't mind. I would like to consult with you again, what kind of mentally ill person meets the requirements you just mentioned, and can be punished lightly or commuted? ”
"This ...... I'm not a medical student and can't give you an accurate answer. However, from the perspective of the original legislative intent, the mentally ill persons provided for in article 18 of the Criminal Law should include mental disorders or mental disorders as described in judicial psychiatry.
As far as I know, in addition to clearly diagnosed mental illnesses such as schizophrenia, manic-depressive psychosis, and paranoid psychosis, psychosis also includes hysteria, obsessive-compulsive disorder, anxiety disorders, personality disorders (also known as abnormal personality), and psychosexual disorders (also known as sexual perversion).
In judicial practice, judging whether the perpetrator suffers from mental illness, what kind of mental illness he suffers from, the severity of his illness, and whether he has the capacity for criminal responsibility can only be confirmed through the evaluation of judicial psychiatric experts and the review of judicial personnel. Fang Yi explained.
"Oh, Lawyer Fang, I won't tell you the truth, our family has a family history of mental illness, and my grandfather, who is my father, suffers from schizotypal personality disorder, and has been to the capital for treatment many times but has not been cured.
I have the same mental illness, except that I've been taking pills and it's not that severe. Jinli once had the same symptoms, and we have been hiding it from people for fear of affecting the child's development. Does this count? Jin Huapeng hesitated for a moment and said.
After hearing what he said, Fang Yi immediately sat back and straightened up: Wo Cao, if I say it doesn't count, will he turn his face and take out a knife to fight with me!
"Whether it counts or not, I can't say well, from a lawyer's point of view, if the Supreme People's Court finds that the defendant may have a mental illness when reviewing the death sentence, out of prudence, it will entrust a professional institution to conduct an evaluation.
If it is determined that your son, Kinley, was suffering from schizotypal personality disorder at the time of the crime, and is a person with limited capacity for responsibility, he can be punished lightly, and it is very likely that he will be spared. However, the premise is that what you say must be true, and the conclusion of the appraisal will support your claim. Fang Yi said.
"yes, I see." Jin Huapeng nodded.
"In the first and second trials, didn't the lawyer propose to conduct a psychiatric evaluation of Jinli?" Fang Yi wondered.
(End of chapter)