Chapter 605: Does It Count as Voluntary Surrender?

As soon as Fang Yi returned to the office, Zhou Ying sent the case file over.

"Lawyer Fang, this is from the case discussion team, and it is said that the party has designated you to undertake a criminal case. The client was upstairs, and the lawyer had just finished talking. Zhou Ying said.

"Well, let's go, go upstairs and have a look." Fang Yi picked up the case file materials and flipped through them, raised his feet and walked out. Zhou Ying followed.

In the upstairs conference room, a man in his fifties, with gray hair and ordinary clothes, listened to Xie Youhe's consolation with a complicated face.

"Mr. Geng, this is our law firm's partner Mr. Fang Yi.

Lawyer Fang, this is Mr. Geng Kunshan, Mr. Geng's son was suspected of intentional homicide, and was sentenced to death with a suspended death sentence in the first instance, but the procuratorate was not satisfied and has already filed a protest, and the case has reached the Provincial High Court. Xie Youhe saw Fang Yi enter the door and introduced.

After the introduction, Xie Youhe left the conference room.

"Hello, Mr. Geng, please tell me what you know, the content on the case record is not too detailed." Fang Yi took out a copy of the first-instance verdict and said.

"Hey, it's my fault that I can't raise my godfather, speaking of which, it's all my fault. Back then, in order to get the mobile red flag, one of our teams worked hard day and night, and finally took a break to pick up the children for the daughter-in-law, but the result was not received. Geng Kunshan said with guilt.

"Didn't get it? Why? Zhou Ying asked in surprise.

"My child was in first grade at the time, and I thought he was in kindergarten." Geng Kunshan said embarrassedly.

After a while, Geng Kunshan continued: "The state has a rule that only one child is allowed. After my daughter-in-law gave birth to my son Geng Di, she doted on him very much, and in order to give him the best life, we saved money and ......"

After Geng Kunshan's son Geng Di graduated from junior high school, he knew that he could not be admitted to university, so he went directly to a technical school.

After Geng Di mixed in the technical school for three years, he relied on his father Geng Kunshan's relationship to find a job in the factory, but because of his freedom, he couldn't do anything, he didn't have anything left, and no team was willing to ask him. In the end, the factory assigned him to logistics, and after a year of mixing, the contract expired, and the factory did not renew the contract with him.

Geng Kunshan knew what his son was like, and he didn't have the face to intercede with the factory, so he set up a stall for him to sell pancakes. Geng Di felt that it was a shame to sell pancakes for a day, so he directly sold the pancake stall for a few dollars, and then fooled around the street all day long.

In mid-July this year, Geng Di had no money in his hand, so he asked his parents for money, and his mother had the heart to give him some, but his father Geng Kunshan did not agree, and the father and son had a big quarrel, and Geng Di left home.

Relatives and friends at home all know what Geng Di's virtues are, and no one is willing to lend him money. In desperation, Geng Di thought of his father's apprentice Xie Liang in the factory, Xie Liang often came to the house to see Geng Kunshan during the New Year's holidays, and his relationship with him was okay.

Early the next morning, Geng Di went to Xie Liang's house in Linxian County. It just so happened that Xie Liang was at home off work, and he was the only one at home.

Geng Di used the excuse of coming to the county to do business, and when he was eating breakfast at the breakfast stall, he touched two young people at the adjacent table, and as a result, the two sides fought, and he killed each other alone, beating the other two people all over the ground to find teeth, and then the police came and asked him to compensate the other party for medical expenses. He didn't have any money in his hand, so he came to Xie Liang to borrow 5,000 yuan to compensate others.

Xie Liang was almost amused, Geng Di's clothes in front of him were neat, his hair was shiny and shiny, not messy at all, there was no injury on his face at all, one person hit two? Peerless master! Xie Liang knew at a glance that Geng Di was lying.

Xie Liang has an upright personality, and he was going to take Geng Di to the police station to verify the situation on the spot, Geng Di was furious when he saw it, saying that Xie Liang had no conscience and would not be saved when he died. Xie Liang also lost his temper and blamed him for not talking nonsense.

The two quarreled and started to move, Xie Liang didn't think about what Geng Di did for the sake of his master's face, just take him away, but Geng Di didn't think so, felt that Xie Liang had insulted him, and did not show any mercy.

During the fight, Geng Di picked up the porcelain teapot on the table and smashed Xie Liang's head, and Xie Liang was dizzy. At this time, Geng Di was already red-eyed, rushed into the kitchen and got a kitchen knife, and when he came back, he slashed at Xie Liang's head and neck, Xie Liang was caught off guard and was hacked to death on the spot.

Seeing that someone had been killed, Geng Di panicked, and then he rummaged around the house for a while, but only found 3,200 yuan and a gold necklace (worth 1,800 yuan), and then fled the scene and ran to his uncle Geng Kunshui's house in the county.

Uncle Geng Kunshui saw that his expression was wrong, and after questioning, he learned that his nephew Geng Di had killed someone and had come to escape the disaster. At dinner that night, Uncle Geng Di persuaded him to turn himself in, and Geng Di knew that he would be arrested sooner or later if he ran like this, so he nodded and agreed.

The uncle was afraid that Geng Di would run away again, so he called the public security organ to report the case to the public security organ by going to the bathroom. Soon after, the public security organs came to the house and arrested Geng Di.

After Geng Di was arrested, he confessed to the crime he had committed. Soon after, the procuratorate transferred Geng Di's case to the Intermediate People's Court for intentional homicide.

After trial, the Intermediate People's Court held that the defendant Geng Di had a quarrel and fight with the victim because he failed to borrow money, and killed the victim Xie Liang during the fight, and his actions constituted the crime of intentional homicide and should be severely punished in accordance with law.

In view of the fact that the defendant Geng Di was able to surrender voluntarily under the persuasion of his relatives after committing the crime, he may be given a lighter punishment in accordance with law. The Intermediate People's Court ruled that the defendant Geng Di was guilty of intentional homicide and sentenced to death with a two-year reprieve, and deprived of political rights for life.

After the first-instance verdict was announced, the procuratorate held that the defendant Geng Di had been arrested because of his uncle Geng Kunshui, and that the defendant himself had not voluntarily surrendered, and that Geng Di had a false name at the time of his arrest by the public security organs, and did not have a true intention to surrender, so his conduct could not be found to be voluntary surrender.

The procuratorate lodged a protest with the Provincial High Court on the grounds that Geng Di's murderous methods were cruel, the harm to society was extremely great, and the original sentence was unusually light.

The original defense lawyer felt that there was no chance in this case, and that Geng Di would be sentenced to death in the second trial, so he accepted it as soon as he saw it, and found a reason to refuse the commission of the second trial. Geng Kunshan had no choice but to find another lawyer, he found Fang Yi's introduction on the Internet, so he came to Wanhua United Law Firm and wanted to entrust the case to Fang Yi.

"Lawyer Fang, I understand the principle of paying for life for murder, but ......, now the procuratorate has filed a protest, saying that the court sentenced my son to a suspended death, which is too light, and my son does not constitute voluntary surrender.

Although it was my brother who reported the case, my brother had already asked my son before reporting the case, and my son Geng Di agreed to go to the public security organ to turn himself in......" Geng Kunshan looked at Fang Yi, hoping that he could say something he wanted to hear.