"What did you think when you were poisoned?" Fang Yi asked.

"I'm going to poison Cheng Huixia, if it weren't for her instigating her son Sun Changwang to beat me behind my back, I wouldn't have miscarried and lost the child in my belly......" Nie Shengping's eyes were a little dull, and tears of hatred flowed from her big empty eyes.

"You put rat poison in medicine pots, porridge, and teapots, and have you ever thought that you would poison other people?" Fang Yi asked.

Nie Shengping shook her head: "I misremembered the medicine jar, the teapot is my mother-in-law Cheng Huixia's, usually only she uses it, no one else is at home when cooking porridge, I also cook it for her, I didn't think about harming other people......"

After coming out of the detention center, Fang Yi has been thinking about a breakthrough in the case.

After Zhou Ying got into the car, she started the car, put the steering wheel in her hand and said: "I was still thinking yesterday that a woman who can be so ruthless must have sharp teeth and a face, but when I looked at it today, I realized that she was an ordinary woman who could no longer be ordinary." ”

"Hey! The wretched will have something to hate; Those who hate will have miserable suffering. Nie Shengwei is right, a slap can't make a sound, we should look at this case objectively. Fang Yi felt that there was basically no room for a lawyer to play in this case.

"This case...... I hope it? Zhou Ying turned her head to look at Fang Yi in the passenger seat.

"What do you think?" Fang Yi asked rhetorically.

"Difficult! Unless it catches up with an amnesty. Zhou Ying said.

"But I think there's something wrong with the charges charged by the prosecutor's office. May not constitute the offence of poisoning. Fang Yi thought for a while.

"I just know that you must have a way, is there hope......" Zhou Ying looked at Fang Yi with a look of surprise.

"There is little hope, just another crime. Two people died, seven were injured, how could it be.

Although the verdict may be the same, we should still say what we should say about the mistakes in the accusations of the procuratorate, and this is our job. Fang Yi interrupted Zhou Ying's words.

Not long after the fifteenth day of the first lunar month, Nie Shengping's case was opened. In the 12th courtroom of the Intermediate People's Court, there were several people sitting in the auditorium, presumably the families of the victims. Nie Shengwei sat in the corner a few seats away from them, listening to the prosecutor read out the indictment with complicated eyes.

Nie Shengping in the dock stared blankly, not knowing what she was thinking, or if she didn't think about anything, just waiting for the verdict.

The three male judges sitting on the trial bench were expressionless, either quietly listening to the prosecutor read out the indictment or looking through the case file.

“…… This court believes that the defendant Nie Shengping, who used poisoning to kill people because of a conflict with her mother-in-law Cheng Huixia, violated Article 115 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and he should be investigated for criminal responsibility for the crime of poisoning.

In view of the fact that the defendant Nie Shengping committed many crimes, and caused the serious consequences of killing two people and injuring seven others, the methods were cruel, and the crimes were extremely serious, it is recommended that he be sentenced to death. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.

Presiding Judge, the indictment has been read. The male prosecutor put down the indictment and looked at the presiding judge.

"Defendant Nie Shengping, did you hear the indictment read out by the prosecutor just now? Do you have any objection to the facts and charges of the crime charged against you in the indictment? The presiding judge's eyes were like torches, and he looked at Nie Shengping in the defendant's seat.

"There is no objection. I poisoned myself to kill my mother-in-law Cheng Huixia and harmed others......" Nie Shengping lowered her head and kept wiping her tears with the back of her hand.

Next, the prosecutor interrogated the defendant Nie Shengping on the facts of the case. Nie Shengping truthfully told the contradictions between the two sides and the process of poisoning her mother-in-law Cheng Huixia. What she said is not much different from what she knew before, and it is basically the same.

Next, the defender Fang Yi asked questions.

"Defendant Nie Shengping, poisoned three times, who are you targeting? In other words, who do you want to poison? Fang Yi looked at the defendant's seat.

"I want to poison Cheng Huixia because I hate her." Nie Shengping had tears in her eyes and said hatefully.

"How do you put the rat poison to get there?" Fang Yi then asked.

"The first time I put it in the medicine pot, the second time I put it in the porridge she asked me to cook, and the third time it was put in the teapot where she often drank water." Nie Shengping looked at Fang Yi.

"A few times when you poisoned yourself, did you ever think that you would poison other people?" Fang Yi asked.

"I didn't think about it, my mother-in-law has a medicine pot, and my father-in-law has one, but unfortunately I remembered the wrong location that time and threw the poison into my father-in-law's medicine pot, otherwise there would be no follow-up.

The second time my mother-in-law wanted to drink porridge, there was no one else in the house, I cooked porridge for her, but unfortunately the porridge was too hot, and she was called away by a neighbor after only a few mouthfuls.

The third time I put the rat poison in her usual teapot, no one in the family would touch her teapot, but I didn't expect her to give the tea in the teapot to the neighbors who came to the door......" Nie Shengping's tone was cold.

Fang Yi heard it, she regretted it a little, not regretting the crime, but regretting that she missed again and did not poison her mother-in-law. The resentment in her heart was too heavy to be resolved.

Someone in the auditorium whispered to each other.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. After speaking, the presiding judge looked at the prosecutor's bench.

“…… Defendant Nie Shengping had a conflict with Cheng Huixia because of the conflict between her mother-in-law and daughter-in-law, so she had the evil idea of killing, and successively threw rat poison containing fluoroacetamide to kill Cheng Huixia three times, and his criminal conduct has endangered unspecified people, and caused the serious consequences of two deaths and seven poisoning injuries, the means are cruel, the crime is extremely serious, and it is recommended that the death penalty be given! Complete. The prosecutor's tone was very firm, as if the sentence had been pronounced.

The presiding judge asked the defendant to defend himself, and Nie Shengping recounted his unfair treatment in the Sun family. It may be that he knows his fate soon, or it may be that he has long been numb, Nie Shengping is very calm, as if he is telling someone else's story.

"The defender gives his opinion." After Nie Shengping finished speaking, the presiding judge looked at Fang Yi.

"Presiding Judge and Judge: The defender believes that the defendant Nie Shengping does not constitute the crime of poisoning, and that he took Cheng Huixia as the target of the offense and repeatedly poisoned the two people, causing two deaths and many injuries, and should constitute the crime of intentional homicide, for the following reasons:

1. The target of the defendant's poisoning in this case was a specific person, Cheng Huixia.

The crime of poisoning is a crime of endangering public safety, which violates public safety, that is, the safety of the life, health, and property of an unspecified number of people.

The crime of intentional homicide is a crime that violates the personal rights of citizens, and it violates the personal rights of citizens, that is, the personal rights of specific citizens.

In other words, the crime of poisoning is directed at an unspecified number of people, while the crime of intentional homicide is directed at a specific person. In this case, the target of the defendant's poisoning has always been Cheng Huixia, and the target belongs to a specific person.

2. The defendant subjectively did not have the intent to endanger public safety

The perpetrator of the crime of poisoning must have the intent to endanger public safety, that is, the safety of the life, health, or property of an unspecified number of people, while the perpetrator of the crime of intentional homicide only has the intention to deprive a specific person of his or her life.

In judicial practice, when the perpetrator murders the life of a specific person by poisoning without endangering public safety, it should be found to be the crime of intentional homicide.

In this case, the person Nie Shengping subjectively wanted to poison was Cheng Huixia, not an unspecified majority. Nie Shengping's several rat poisons were all in Cheng Huixia's home, not in public places. The rat poison was only thrown into the eating utensils, tea utensils, and traditional Chinese medicine used by the victim Cheng Huixia, not in the utensils used in public.

Although many people accidentally ingested and drank the traditional Chinese medicine, food and tea that Nie Shengping had thrown into rat poison, these victims were not the unspecified targets that Nie Shengping sought to kill. Therefore, the defense argued that Nie Shengping's use of poisoning to illegally deprive others of their lives constituted the crime of intentional homicide.

In view of the fact that the defendant only became murderous because he was treated unfairly at home, and truthfully confessed after being brought into the case, pleaded guilty and accepted punishment, and had a good attitude in admitting guilt, it is recommended that the court give a lighter punishment and sentence the defendant to death with a two-year reprieve. Complete. ”

Fang Yi knew that the defense opinion requesting the court to give a lighter punishment was a bit weak and weak, and according to the defendant's actions and the bad consequences caused, his performance after being brought to trial was not enough to give a lighter punishment, but as a defender, he had to do something.

……

At the end of the trial, the court was adjourned for 10 minutes, and after deliberation by the collegial panel, the presiding judge announced the verdict in court.

The collegial panel held that the defendant Nie Shengping used poisoning to kill people because of a conflict with her mother-in-law, Cheng Huixia, and that her actions constituted the crime of intentional homicide, and that her criminal acts were numerous and caused serious consequences such as the death of two people and the poisoning and injury of seven others, and that the means were cruel and the crime was extremely serious. In accordance with the provisions of article 232 and paragraph 1 of article 57 of the Criminal Law of the People's Republic of China, it was decided that the defendant Nie Shengping was guilty of intentional homicide and sentenced to death and deprived of political rights for life.

After the verdict was announced, the defendant Nie Shengping did not appeal, and the procuratorate did not raise a protest, and the criminal judgment took effect. Subsequently, the Intermediate People's Court submitted the case to the Supreme People's Court for approval in accordance with the law, and upon review, the Supreme People's Court approved the death sentence.

On this day, Zhou Ying knocked on the door and walked into Fang Yi's office.

"Lawyer Fang, the conclusion summary of Nie Shengping's case has been sent to you, please see if it needs to be revised." Zhou Ying saw Fang Yi sitting on a chair looking out the window in a daze, and reminded.

"Okay, I'll take a look at it later." Fang Yi came back to his senses and looked at Zhou Ying: "Nie Shengping's case reminds me of the public trial in the village threshing floor when I was a child. ”

"Public trial?" Zhou Ying looked at Fang Yi suspiciously, obviously not understanding what he was talking about in public trial.

"When I was a child, people would go to the village every week to show movies, and whenever the movies were shown, the villagers would take benches and chairs to the threshing floor of the production team.

Of course, now the village will also come to show movies, but there are fewer people watching them, only the elderly people will watch them, and they will show some old-fashioned operas and old movies.

I remember one year, when everyone in the village was running to the threshing floor, I thought there was going to be another movie, so I ran with it. The result was a public trial.

On the earthen platform, two police officers escorted a young woman, and a court person next to him held a microphone and read the verdict in front of the villagers.

I remember that the woman was also sentenced to death because of the bad relationship between her mother-in-law and daughter-in-law, who put rat poison in her mother-in-law's meal. At that time, the people in the village looked at the women on the stage, some scolded, some hated, and some said cool things. It is said that the woman and her mother-in-law were very domineering in the village, and the two belonged to the needle-to-needle. ”

"Lawyer Fang, do you often hold public trial meetings?" Zhou Ying asked with a wink.

"It is as if there were people committing crimes in our village every day." Fang Yi looked at Zhou Ying with a dissatisfied expression.

"No, I didn't mean that......" Zhou Ying looked embarrassed.

"The cases that can be taken to the village for public trial are all cases that have a particularly big impact in the local area, not every year. If you have it every year, then you can pay it back! Fang Yi said with a smile.

"Oh, that's right." Zhou Ying nodded.

"When does your trainee solicitor permit expire?" Fang Yi diverted the topic.

"It's coming soon, it's due in April this year, and then apply for a red book (lawyer's license)." When it came to the matter of turning positive, Zhou Ying was excited.

"How? Have all the conditions for becoming a regular have been met? Fang Yi asked.

"No problem, I did a lot of cases last year, and I did it with a lawyer, not in name. I've heard that all the trainee lawyers in other law firms have worked for a year and haven't touched a few cases, and some of them are just a nominee, and they have never been to the court at all, nor have they done non-litigation projects. Zhou Ying said proudly.

"This is just the first step, the lawyer circle is not easy to mix, the master leads the door to practice by the individual, and it will depend on you in the future.

In fact, if you follow the master to do a hundred cases, it is better for you to handle a case by yourself, only if you have handled the case yourself, you can be regarded as truly completing the transformation of your role, and you can grow quickly.

So I give you a suggestion, after getting the lawyer's license, do more cases, do it yourself, if there is something you don't understand, you can ask us, but you must think independently before asking. Fang Yi said solemnly.

"Well, don't worry, I've already thought about it, when I get my lawyer's license, I'll do legal aid for a while, practice my skills, and then find some simple cases to do, and take my time.

Lawyer Huang said that being a lawyer is like learning to drive, more practice and more work, and it will be better after a long time. Zhou Ying smiled.

After the first month, the team's cases gradually increased, and the lawyers of the litigation department of the WAGO Law team left three, two because of their poor business ability, and one because of their bad conduct, and charged additional fees to the parties.

Wan Kefa was not in a hurry to recruit lawyers, and Fang Yi guessed that he was waiting for the trainee lawyers to become regulars, and wanted to select people from this batch of trainee lawyers.

After handling Nie Shengping's case, Fang Yi took two more meetings and earned some pocket money.

(End of chapter)