"Lawyer Fang, what do you think?" Wang Yong looked at Fang Yi.

Wang Yong has a lot of thieves, he and Fang Yi have discussed several criminal cases before, and the two rarely have the same opinion, most of the time they are inconsistent, or even-for-tat.

In fact, this is normal, under normal circumstances, lawyers need to think independently about the relevant issues encountered in the case according to their own professional knowledge, even if they discuss the case with their peers, they will rarely fully accept the opinions of others, unless others can come up with real evidence to prove him wrong, otherwise they will definitely not follow the crowd (this may be the difference between liberal arts and science, as the so-called: no first).

In any case, litigators do not have as close ties as members of the non-litigation team.

This time to discuss the case, Wang Yong was afraid that after expressing his views on the case, Fang Yi would learn from him and make wedding dresses for others. So keep an eye on it and let Fang Yi say his point of view first.

Lawyer Song invited him over to discuss the case together, and he also wanted to hear the different opinions of many parties, and he felt that what Lawyer Wang sometimes said was also very reasonable. In fact, more often than not, he uses Mr. Wang's views as the opposing party's views to detect the loopholes in his own defense plan.

"In my opinion, the defendant's behavior constitutes the crime of intentional injury......," Fang Yi said unhurriedly

Before Fang Yi finished speaking, Wang Yong interrupted Fang Yi's words anxiously: "Lawyer Fang, my opinions are different from yours, and my opinions are also different from those of Lawyer Song. In my opinion, Xie Quan's conduct does not constitute the crime of intentional injury, but should constitute the crime of negligent death. ”

"Oh? Lawyer Wang, tell me your reasoning? Lawyer Song looked at Wang Yong with a confused expression.

Get! This time, it's okay, three people have three opinions, at the beginning, Song Hui was still thinking, how can two people of the three have the same or similar views, but Wang Yong put forward a new point of view, and he was confused.

Although Lawyer Song was a little uncertain about this case before, he still had a direction in his heart, and now there are two more people to advise him, but the more he counsels the direction, the more chaotic it becomes, and the old Comrade Song is completely dizzy.

This is also the reason why litigators like to work alone, because more lawyers may not really work, and the more lawyers may be involved, the more chaotic it will be. Whether it is in the defense plan of a criminal case or the litigation plan of a civil case, if the lawyers involved in the case have different opinions, it will not only be a disaster for the lead lawyer, but also a disaster for the parties.

"The reason why I say this is simple:

According to the provisions of paragraph 2 of article 234 of the Criminal Law, whoever commits the crime described in the preceding paragraph and causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

According to the above provisions, the prerequisite for pursuing criminal liability for intentional injury causing death must be 'committing the crime in the preceding paragraph', that is, the crime of intentional injury can only be constituted if the victim is intentionally injured and the victim's injury is more than minor.

In this case, the defendant slapped the victim in the mouth and pushed the victim, but could not directly cause more than minor injuries to the victim, so it did not meet the requirements of 'committing the crime in the preceding paragraph' as provided for in paragraph 2 of article 234 of the Criminal Law, and he could not be pursued for criminal responsibility for intentional injury causing death.

In this case, the defendant Xie Quan and the victim were colleagues, and they usually had a good relationship, with no hatred or resentment, and on the day of the incident, the two were in the chess and card room they frequented, and in the process of playing mahjong, because they mixed two sentences, and then there was a situation of hitting and pushing each other.

When the defendant pushes the victim, it is subjectively impossible to hope for or allow the victim's death to occur, and his subjective attitude toward the occurrence of the victim's death should be a negligent mental attitude.

In other words, the defendant should have foreseen that his conduct might cause the victim's death, but failed to foresee it due to negligence, and objectively the defendant's act of pushing and shoving caused the victim's death, and the defendant's conduct met the constitutive elements of the crime of negligence causing death, so it should be convicted and sentenced as the crime of negligence causing death. Wang Yong looked at Song Hui and Fang Yi confidently, wanting to see agreement or approval in their eyes.

But he was disappointed, the confusion in Lawyer Song's eyes deepened, and the whole person was like a philosopher, sitting on the sofa touching his chin, frowning and thinking.

Looking at Fang Yi again, judging from his expression, he didn't seem to agree with Wang Yong's opinion, but respected his thoughts.

"Lawyer Fang, you just said that the defendant's behavior constituted the crime of intentional injury, can you elaborate on the reasons?" Lawyer Song raised his head and looked at Fang Yi, wanting to hear his explanation.

"Well, I'll say a few things about my understanding of this case, just for reference.

First, in this case, the defendant slapped the victim in the mouth and then pushed the victim, which was an act of intentional harm.

According to the provisions of the Criminal Code, ordinary assault that does not result in more than minor injuries cannot be punished as the crime of intentional injury. I'm not wrong with that, right? After Fang Yi finished speaking, he looked at Song and Wang.

The two did not speak, but nodded, what Fang Yi said was the standard for judging whether the perpetrator constituted the crime of intentional injury.

"Then a question arises, if the perpetrator beats the victim, but does not cause more than minor injuries to the victim, then does the perpetrator's act not fall under the intentional injury required by the crime of intentional injury?

I don't think so.

The crime of intentional injury is a consequential crime, and criminal responsibility is only incurred if the consequences of more than minor injuries are generated, and the more serious the victim's injuries, the greater the criminal responsibility borne by the defendant.

In the course of ordinary beatings, punching, kicking, and pushing are the most common means of attack, such as the force of the blow is not large, the blow is not a vital part, and the perpetrator has a certain degree of restraint over his behavior, under normal circumstances, it will not directly lead to the consequences of the victim's minor injuries or more, and the victim does not need to bear criminal responsibility, but this does not mean that the nature of the ordinary assault is not an intentional injury.

For example, in daily life, in the vast majority of cases, the perpetrator will not cause minor injuries or more to the victim, and will not be sentenced, that is, the ordinary act of assault is still an act of intentional injury, but the result of the injury does not reach the statutory level and does not require criminal responsibility.

However, if the ordinary act of assault causes the victim to suffer more than minor injuries under certain conditions, the perpetrator should still bear criminal responsibility for the crime of intentional injury. For example, beating another person, causing the victim to fall down the steps or from a height, resulting in serious injury or death to the victim, or beating a person with a special constitution causing serious injury or death.

In the above circumstances, unless the victim's minor injuries or above were caused by an accident, or it can be clearly ruled out that there is a criminal law causal relationship between the assault and the victim's minor injuries. Otherwise, the defendant should still bear criminal responsibility. Fang Yi continued.

(End of chapter)