When the sun was setting in the west, in the office, lawyers Song Hui and Wang Yong, who often handle criminal cases in the team, sat on the sofa, holding copies of case files in their hands, and looked at Fang Yi opposite.

Fang Yi made a pot of tea, poured a cup for Lawyer Song and Lawyer Wang, and then looked at Lawyer Song: "Old Song, you can say it." ”

"Lawyer Fang, lawyer Wang, I will first introduce the facts of the case based on the meeting." After lawyer Song finished speaking, he picked up the materials and told the story of the case.

The defendant in this case, Xie Quan, usually likes to play mahjong, and often goes to the chess and card room near the community to touch two after work, of course, playing cards is with a color head, sometimes one yuan and two yuan, sometimes five yuan and ten yuan, and I don't know whether Xie Quan likes to touch mahjong, or prefers the feeling of winning money, in fact, he himself can't say clearly, anyway, he will be very excited as soon as he sits at the table, and only plays mahjong cards.

On a weekend afternoon three months ago, Xie Quan went to the chess and card room near the community where he lived to play cards, but he turned out to be back, connected with some cannons, and then blew up Hu, and soon lost more than 500.

Xie Quan's brand is not very good, he won laughter, and everyone was like a relative; I lost the sky, scolded and scolded, and my mouth was not clean.

More than 500 yuan was gone in a blink of an eye, Xie Quan began to scratch his scalp constantly, the blood he scratched was about to come out, he was impatient, he grabbed his cigarette case on the table, and wanted to smoke a cigarette to relieve it, but the cigarette was gone, and only an empty box remained.

Xie Quan was like a manic patient, looking at no one was pleasing to the eye, and turned his head to see Deng Jian, an old acquaintance who was watching the battle next to him. Deng Jianhequan lives in a community, they are colleagues, the two have known each other for more than ten years, and they usually have a good relationship. I often come to the chess and card room to play cards.

"Old Deng, give me a cigarette." Xie Quan stretched out two fingers with an irritated face and asked Deng Jian for cigarettes.

"The pants you lost are almost gone, and you still have the face to smoke, smoke a few handfuls, hurry up and finish this round, let the place, get out." Deng saw that his cards stinked and the money in his pocket was about to be lost, and he scolded and scolded, so he annoyed him a little.

In normal times, he will not talk so impulsively, before he came out to play cards this weekend, he just drank two glasses of liquor at home, at this time the strength of the wine has not passed, a body of alcohol, so talking is a bit of a brain.

"Who are you scolding, 'a few handfuls' and 'a few handfuls', why am I pumping you, believe it or not?" When Xie Quan was manic, he met Deng Jian, who was so blind, and the small universe in his heart was instantly ignited.

"If you lose, you have to admit it, you are allowed to scold, and you are not allowed to speak!" Deng saw a reply, and then pushed him with his hand: "If you don't play, get up, don't occupy the pit and don't." ”

"How dare you touch me, I'll go to NM's ......" Xie Quan was anxious, got up and pointed at Deng Jian is big mouth, and then pushed the latter's chest violently with both hands.

Deng saw that he didn't expect him to really make a move, he was caught off guard, his steps were unsteady when he was pushed, and he retreated again and again.

As the saying goes: there is no good hand in fighting, and there is no good mouth in scolding.

Xie Quan was anxious, Deng Jian's head buzzed with a big mouth, followed by an angry push, and the momentum was not small, Deng Jian staggered back, and the back of his head collided with the door frame.

Deng Jian felt dizzy, and after he eased up, he was also anxious, pointed at Xie Quan and scolded: "You are really beating!" ”

Then Deng saw that he was about to fight with Xie Quan, both of them were in their twenties, and they were young and vigorous, if they really fought, they would definitely not be good on both sides, and they would not want to open the chess and card room today.

Most of the people playing cards in the chess and card room were nearby residents, and the owner of the chess and card room hurriedly beckoned everyone to separate the two, and at the same time the boss hugged Deng Jian. Xie Quan on the opposite side was also hugged by the person next to him.

But the owner of the chess and card room was thin and old, and he couldn't control Deng Jian at all, Deng Jian was beaten in the mouth, which was a naked insult to him, and the anger in his heart jumped up, and he only struggled a few times before breaking free of the boss's hands and rushing forward, but only took two steps, and the whole person suddenly fell to the ground. After falling to the ground, Deng Jian remembered, but after twisting his body a few times, he didn't move.

This time, the chess and card room was quiet, Xie Quan stopped struggling, and looked at Deng Jian on the ground stupidly. The owner of the chess and card room hurriedly took out his mobile phone to call an ambulance, and after the ambulance came, after examination, the doctor confirmed that Deng Jian had died.

Later, the public security department rushed to the scene and began an investigation.

According to the forensic examination, Deng saw that the subscalp hematoma in the posterior occipital area was a blunt force injury, which was caused by the collision between the posterior occipital part and a blunt object, and the hematoma was the location of the force.

The cause of Deng Jian's death was a cerebral contusion and subarachnoid hemorrhage caused by the collision of the occipital region with a blunt object before and after the birth and the fall to the ground after the impact.

Hearing the doctor say that Deng was dead, Xie Quan was dumbfounded and sat down in a chair. After the police came to the scene, Xie Quan took the initiative to surrender and truthfully explained that he had a dispute with Deng Jian, and he pushed Deng Jian.

After Xie Quan was arrested, Xie Quan's family reached a compensation agreement with the victim Deng Jian's family at the suggestion of lawyer Song.

"I went to the detention center to see that Xie Quan said that he was just hot-headed, slapped the victim Deng Jian in the mouth, and pushed him again, not wanting to hurt Deng Jian, he felt that he should not constitute a crime.

I'm a little unsure now, in this case, the defendant slapped the victim in the mouth and pushed him again, is there a causal relationship between the defendant's behavior and the victim's death?

Generally speaking, it is impossible for the defendant to be fatal, nor can it cause minor injuries or more to the victim......," said lawyer Song, looking at Fang Yi and lawyer Wang.

"Lawyer Song, what do you think? Tell us what you think. Fang Yi thought for a moment and looked at Lawyer Song.

"I don't think the defendant committed a crime, and the victim's death was an accident." Lawyer Song said.

"Why?" Lawyer Wang turned his head to look at him.

"Judging from the facts of the case, the victim's drinking on the day of the crime, the defendant's pushing and shoving behavior towards the victim, the victim's hitting the door frame on the back of the victim's head after being pushed by the defendant, and the subsequent fall, etc., were all causes of the victim's death, and the combination of the above factors jointly led to the occurrence of the victim's death.

The forensic medical report found that the cause of the victim's death was a collision between the posterior occipital part and a blunt object, and a cerebral contusion and subbead hemorrhage caused by falling to the ground after the collision, and that the cause of death could not be ruled out as factors that were not directly related to the defendant's behavior, such as drinking alcohol and falling to the ground, and that the collision with the door frame caused by the defendant's pushing and shoving behavior was the main cause of the victim's death.

Since there is other reasonable possibility of the victim's death, it cannot be established that there is a criminal law causal link between the defendant's conduct and the result of the victim's death. There is no objective basis for holding the defendant criminally responsible for the victim's death, and the defendant's conduct should not constitute a crime.

So I'm going to plead the defendant not guilty, but I'm a little unsure. Lawyer Song frowned and said.

It's a bit of a cardin, three changes today and tomorrow, and another one next Monday, save some manuscripts. Thank you for your support!

(End of chapter)