Soon, Geng Di's murder case was heard in the Provincial High Court. There is no dispute between the prosecution and defense about the facts of the case, and the focus of the dispute is on sentencing.

After two rounds of arguments between the prosecution and defense in court, the presiding judge concluded the trial, and after a 10-minute adjournment, the presiding judge announced the verdict.

The Provincial High Court held that the defendant in the original trial, Geng Di, for the purpose of seeking money, entered the victim's home and falsely claimed to borrow money, and after being refused, he committed murder with a weapon, and successively smashed and slashed the victim's head and neck with more than 20 key parts, and after killing the victim, he seized 3,200 yuan in cash and a gold necklace (worth 1,800 yuan), and Geng Di's conduct constituted the crime of robbery.

The facts ascertained in the original judgment were clear, and the evidence was credible and sufficient, but the conviction was improper. Although the defendant in the original trial, Geng Di, was persuaded by his relatives to voluntarily surrender, but he did not voluntarily surrender, and he was arrested under a false name for the purpose of evading legal sanctions, so it cannot be determined that he voluntarily surrendered.

The defendant's uncle reported the case to the public security organs, which was a righteous murder of relatives. The procuratorate's grounds for protest were sustained. Finally, the Provincial High Court ruled that: 1. Revoke the first item of the Intermediate People's Court's criminal judgment (i.e., the defendant Geng Di committed intentional homicide and was sentenced to death, with a two-year reprieve, and deprived of political rights for life); 2. Defendant Geng Di committed robbery and was sentenced to death, deprived of political rights for life, and fined 2,000 yuan.

After hearing the verdict of the Provincial High Court, Fang Yi and Zhou Ying on the defense bench and the two prosecutors on the prosecutor's bench were very surprised, both sides believed that Geng Di constituted homicide, and the two sides defended for more than an hour, but the Provincial High Court ruled that Geng Di constituted robbery.

Both the prosecution and defense felt lonely in their defenses, and it turned out that people didn't listen to them at all, and they just went through the procedure. But this is already a final judgment, and the death sentence is imposed, as long as it is reported and the Supreme Court reviews and passes, the case will be decided.

The procuratorate didn't care, anyway, they thought from the beginning that the first trial was lenient and that the death sentence imposed by the high court was in line with their estimated sentence.

However, the defense has a so-called opinion, Fang Yi believes that this case should not be judged like this, and the judgment of the High Court is beyond the scope of his cognition. Fang Yi on the defense bench was stunned for a while before he reacted.

Although Fang Yi had given Geng Kunshan a preventive injection before, when Geng Kunshan in the audience heard the verdict, he still couldn't accept it, and sat on the chair with blank eyes. In the end, he was pushed out of the court by his younger brother Geng Kunshui.

Seeing that Fang Yi's mood was not high, Zhou Ying didn't dare to speak, silently followed behind him, got into the car, started the car and headed towards the law firm.

"Xiao Zhou, did Geng Kunshan call?" Early the next morning, Fang Yi walked into the law firm listlessly, and when he met Zhou Ying, he asked.

"No, but yesterday when we came out of the high court, I saw his brother helping him, and then an ambulance drove in." Zhou Ying's mood was not high, she wanted to feel a sense of accomplishment and satisfy her vanity, but the result was ......

"Xiao Zhou, victory or defeat is a common thing in soldiers, don't be too entangled." Fang Yi saw that she was not in a high mood and admonished.

Zhou Ying nodded, and said in her heart: I hope you don't get too entangled.

"The scope of Geng Kunshan's mandate includes the Supreme People's Court's death penalty review procedure, and after the verdict is issued, I will submit a written defense opinion to the Supreme People's Court. You keep an eye on Geng Di's case, and when the results come out, remember to inform me. Fang Yi said.

Fang Yi submitted a written defense opinion to the Supreme People's Court, not because he felt sorry for Geng Di, but because there was this article in the content of the client's entrustment, and the most important thing was that Fang Yi felt that the judgment of the Provincial High Court was problematic and had no basis in law. Even if Geng Kunshan does not entrust it, he will suggest it to the parties.

"Okay." Zhou Ying agreed.

Looking at Fang Yi's departing back, she originally wanted to ask him if he had already reached the death penalty review procedure, did it still make sense? But in the end, she still didn't ask, maybe this is the last stubbornness of the legal man.

(The Supreme People's Court promulgated the Measures on Hearing Defense Lawyers' Opinions in Handling Death Penalty Review Cases (Fa [2014] No. 346, effective as of February 1, 2015), which provides that where a lawyer accepts the retention of a defendant or a defendant's close relatives or the appointment of a legal aid institution to serve as a defense lawyer in a death penalty review case, he shall submit the relevant formalities to the relevant trial division of the Supreme People's Court within three working days of accepting the representation or appointment.

The defense lawyer shall submit a defense opinion within one and a half months of accepting the representation or appointment.

The above-mentioned measures clarify the content of lawyers' work in the death penalty review procedure, and although the role of lawyers may be minimal, procedural justice is still required. ）

When she was about to get off work in the evening, Sister Lan called Fang Yi, invited him to dinner in the evening, and told him that he had something to consult. Fang Yi pinched the dot and went downstairs and drove away.

In the private room of a private restaurant in the city, Sister Lan is admonishing a woman in her forties with a sad face. It can be seen from her dress that the conditions at home are relatively superior.

"Sister Lan, I'm sorry I'm late." After Fang Yi entered the private room, he saw that Sister Lan was inside, thinking that he was late, and said casually.

"Brother, don't be so polite. It's because we're early. We've been here for half an hour and have been talking for a while.

Let me introduce you to you, this is Luo Jie, my neighbor, and our relationship is so good that we don't separate from each other to eat and drink. Luo Jie, this is Lawyer Fang, my brother, we are all our own people, there is no need to hide anything to hide. Sister Lan said with a grin.

"Hello lawyer Fang, this is my business card." Luo Jie got up, took out a business card and handed it over.

After Fang Yi exchanged business cards with the other party, he glanced at the information on the business card, Luo Jie is the general manager of a jade company, and looking at her momentum, she should also be a veteran who has been in the society for many years.

"Brother, I asked you out this time because I wanted to consult you. Luo Jie, you say. Sister Lan said.

"Lawyer Fang, I won't hide it from you, my husband was sentenced to eight years for fraud before, and he has been serving more than four years in prison now. Originally, I thought he would eat a trench and grow wise, but he made another mistake in it. Luo Jie said with a frown.

"What's wrong?" Fang Yi said curiously.

"He defrauded a death row prisoner of 100,000 yuan." Luo Jie said.

"Huh?!" Fang Yi's eyes widened instantly, talent, it was really deceived wherever he went.

"How did he cheat?" Fang Yi asked.

He told a prisoner with a suspended death sentence that he could help him reduce his sentence, and then the two didn't know how to discuss, and the prisoner who was given a suspended death sentence really believed it.

When the prisoner was visiting the prison, he asked the relatives to transfer 100,000 yuan to the bank account designated by my husband. As a result, after a long time, the condemned prisoner realized that something was wrong, and the prison did not reduce his sentence at all, so he reported my husband to the prison.

In this way, my husband's case was transferred to the court.

Lawyer Fang, how many years do you say my husband will be sentenced this time? Luo Jie asked.

(End of chapter)