At the beginning of receiving the case, he already had a premonition that the defendant in this case would be sentenced to death, but he had some objections to the verdict of the Provincial High Court, so after he went to get the criminal verdict of this case in the morning, he came to Fang Yi's office and wanted to ask for advice.

"Lawyer Fang, did the bombing carried out by the defendant Ning Guoyi for the purpose of killing Zhu Qianhong constitute the crime of intentional homicide or the crime of explosion? What do you think? Wang Deyou asked.

After reading the verdicts of the Intermediate People's Court and the Provincial High Court, Fang Yi pondered for a moment and said: "I think that the explosion carried out by the defendant Ning Guoyi for the purpose of killing in this case should constitute the crime of explosion. ”

"Why?" Wang Deyou asked.

This has to start with the difference between the two crimes. The crime of explosion is a crime endangering public safety, which refers to the perpetrator's act of intentionally detonating explosives, killing or injuring an unspecified number of people, or destroying public or private property, endangering public safety.

The crime of intentional homicide refers to the intentional and unlawful deprivation of the life of another person, which is a crime that violates the personal rights of citizens.

There are eight serious crimes in the Penal Code: intentional homicide, intentional injury (which must be up to serious injury or death), rape, robbery, arson, drug trafficking, distribution of dangerous substances and explosives.

Although both of these crimes are felonies, the crime of explosion is more harmful to society than the crime of intentional homicide.

In this case, Ning Guoyi was very familiar with the location of the crime, that is, the environment around Lao Zhu's house, and knew that there were other residents of the village living near Zhu Qianhong's house.

Moreover, Ning Guoyi used to work in a stone quarry, and he often used explosives to open mountains and blow up stones, and he also knew how to make explosives. At the time of the incident, in order to increase the destructive power of the explosion, he deliberately tied up two explosive packages together and threw them into the room along the back window of Zhu's house.

His purpose is very clear, that is, to blow up the old Zhu family's house and kill Zhu Qianhong, and to take a laissez-faire attitude towards whether the explosion will endanger the safety of the rest of the Zhu family and whether it will affect the surrounding neighbors.

Subjectively, Ning Guoyi had the intention of endangering the lives and property of an unspecified number of people; Objectively, Ning Guoyi's actions caused the serious consequences of the damage to the old Zhu family's house and one death and three injuries, and also caused varying degrees of damage to the surrounding houses.

Ning Guoyi's actions have endangered public safety, so his actions constitute the crime of explosion rather than intentional homicide.

In practice, if the perpetrator kills a specific person by means of an explosion, his act constitutes the crime of intentional homicide without endangering public safety. If the perpetrator kills a specific person by means of an explosion, and the explosion endangers public safety, and he pursues or indulges in the consequences of endangering public safety, his act constitutes the crime of explosion.

In addition, this case is a joint offense under the law, and the defendant Ning Guoyi committed an explosive act based on one criminal intent, and committed two crimes of explosion and intentional homicide at the same time.

The conviction and punishment of offenders with competing legal provisions shall adhere to the principles that special law is superior to ordinary law and heavy law is superior to light law. As far as this case is concerned, I think it is correct that the Provincial High Court convicted and punished the crime of explosion in accordance with the principle of dealing with competing offenders in accordance with the law. Fang Yi said.

"A doctor of law is a doctor of law, which is much better than my halfway monk. Any question can come out of your mouth one, two, three, admire! I'm convinced!

Let's go, I'll have a treat at noon. Wang Deyou didn't expect Fang Yi's theory and practice to be so strong, it seems that Fang Yi's doctor is really not a mixed diploma, and he does have real talent and real learning.

After eating at noon, Fang Yi returned to the office to clean up and drove to Shengfeng Group.

"Sister Lan, call me over in such a hurry, is there an important case?" Fang Yi walked into Sister Lan's office with a briefcase.

"Brother, I'll introduce you to a friend in a moment, his surname is Shi, the history of history, his name is Shi Guangyong, he is one of our partners, he specializes in providing cement to our engineering company, and he is the owner of a small cement factory.

His son was arrested some time ago, and the lawyer he found before couldn't do it, so he asked him for 100,000 yuan, but the case was not handled. He called me last night and asked me to introduce him to a criminal lawyer, and I remembered you. Let Lao Shi tell you about the specific case in a moment. Sister Lan said with a grin.

While the two were talking, a burly, fifty-year-old bald head, wearing a leather jacket, knocked on the door and walked in: "Mr. Gao, are you busy?" ”

"Oh, say Cao Cao, Cao Cao will arrive. As soon as I mentioned you, you came. Come and sit with Mr. Shi. Sister Lan got up and greeted.

"Who is this?" Shi Guangyong looked at Fang Yi and asked.

"This is the lawyer I recommended to you, and he is also my brother. Mr. Fang is a partner of Wanhua United Law Firm, specializing in criminal litigation, and I have known him for many years, and now he is the legal counsel of our group. Specialized in criminal matters. Sister Lan introduced.

"Hello, Mr. Shi." Fang Yi got up and smiled.

"Hello. Lawyer Fang, I heard Mr. Gao mention you before, but I didn't expect to be so young. Shi Guangyong looked Fang Yi up and down.

"Don't look at my brother's youth, he has handled many big and important cases. There is an introduction from him on the Internet, go back and ask your secretary to check it for you, and it will come out in 100 degrees. Sister Lan said.

"My secretary? Forget it. Shi Guangyong pouted.

"What's wrong?" Sister Lan asked.

"Fired by my daughter-in-law. Said that she was too young and unsteady to be a secretary. Shi Guangyong said helplessly.

"Okay, I'll have someone print out a copy of Lawyer Fang's introduction for you in a moment. You talk first, and I'll arrange it. Sister Lan found a reason to leave the office and left the place to Shi Guangyong and Fang Yi.

"Mr. Shi, drink tea." Fang Yi picked up the teapot, re-brewed a pot of tea, and poured a cup for the other party.

"Lawyer Fang, let's be honest, something happened to my son and he was arrested. I'd like to ask you to see if there's a way. Saying that, Shi Guangyong took out a criminal verdict from his handbag and handed it to Fang Yi.

"Here's the verdict, look at it. The old man said that he was in trouble, and this was not false at all...... "Shi Guangyong introduced the incident.

At the beginning of the year, Shi Guangyong's son Shi Ling married his girlfriend Jiang Yu who had been talking for more than half a year.

In June, one afternoon, the defendant Shi Ling was invited to meet with a customer at a hotel to discuss the cement supply business. Just when he finished talking about business and was about to go back, he passed by the hotel lobby and accidentally saw his wife Jiang Yu sitting in the lobby of the hotel, as if she was waiting for someone.