"However, as far as I know, in judicial practice, the ordinary act of pushing and shoving cannot be regarded as an act of assault or injury under the criminal law because it does not have obvious intent to injure, and even if the act accidentally causes serious injury or death, it cannot be pursued for criminal responsibility for the crime of intentional injury." Lawyer Song suddenly took over the conversation.

It was on the basis of the above understanding that he was prepared to defend the defendant's innocence.

"Well, Lawyer Song is right, that's usually the case.

However, in this case, the defendant's act of pushing and shoving was different from that of ordinary acts of pushing.

First, after the defendant had an argument with the victim, the defendant first gave the victim a mouth, followed by pushing and shoving the victim, which was a coherent set of attacking actions.

In this process, the defendant Xie Quan subjectively had the intent to injure, and the force of the push was very strong, otherwise it was not enough to cause the victim's body to lose control and the back of his head collided with the door frame.

Second, ordinary assault can also cause serious injury or death under certain circumstances. The defendant's pushing and shoving behavior in this case was extremely forceful, and objectively, caused the victim to lose control of his body, and the back of his head collided with the door frame, and then fell to the ground, resulting in cerebral contusion, subbead omentum hemorrhage, and death.

Therefore, I believe that the defendant's act of releasing the whole is an act of intentional harm. Fang Yi explained.

"How do you understand 'committing the crime in the preceding paragraph' as provided for in the second paragraph of Article 234 of the Criminal Law?" Wang Yong asked unconvinced.

"I understand that the 'commission of the crime in the preceding paragraph' as provided for in paragraph 2 of article 234 of the Criminal Law refers to the defendant's intentional injury, that is, as long as the defendant has the intent and conduct to cause harm, this condition is satisfied, and it should not be mechanically understood to require that the intentional injury must cause the victim more than minor injuries.

The reason for this is that where intentional injury directly causes serious injury or death, there is often no precondition for the crime of having a minor injury first. At the same time, in cases of intentional injury resulting in death, it is generally impossible and impossible to judge whether the initial injury (before the victim's death) reached the level of more than minor injury for the victim who has already died. Fang Yi explained.

"According to you, there is a criminal law causal relationship between the defendant's pushing behavior and the victim's death?!" Wang Yong showed an unconvinced look.

"Yes, I think there is a criminal law causal relationship between the two.

In this case, the defendant's pushing and shoving of the victim generally did not result in the victim's death, but the defendant's pushing and shoving behavior directly caused the victim's head to collide with the door frame and fell to the ground after the collision, and the intervention of these two reasons caused the victim's death, and the relationship between the defendant's pushing and hitting behavior and the victim's death was an accidental causal relationship.

Of course, such a fortuitous result can be taken into account by the court as a sentencing circumstance.

Therefore, I believe that it is a distortion of the causal relationship of criminal law to separate the defendant's pushing behavior from the consequences of the victim's head hitting the door frame and falling to the ground and dying after hitting the victim's head. Fang Yi said.

He knew that Wang Yong was not convinced by his views, but there was no way to do it, because the lawyer's experience, experience and knowledge reserve would affect his judgment of the case. Once a person's idea is formed, it is very difficult to change.

"I think of another question, if the defendant had the intent to injure at the time of the crime, and at the same time there was a certain degree of negligence in the victim's death, would the court find that the defendant did not constitute the crime of intentional injury, but the crime of negligence causing death?" Lawyer Song looked at the two.

"I don't think it's likely." Fang Yi took the lead in expressing his position.

"Well, I agree with Lawyer Fang's opinion that this is unlikely to happen." It is rare for Wang Yong to agree with Fang Yi.

It can also be seen from this that Wang Yong is not targeting Fang Yi, he is just talking about things, and he has such a temper.

"Why?" Lawyer Song asked.

"In this case, the defendant and the victim usually have a good relationship and are colleagues. A quarrel broke out over playing cards in the chess and card room, and in a fit of urgency, the defendant slapped the victim in the mouth and pushed the victim.

It can be seen from this that it is impossible for the defendant to hope for or allow the victim's death to occur when he commits the act of pushing, because there is no such deep hatred between the two parties.

The defendant clearly had the intent to injure the victim when he pushed and shoved him, but he was negligent in causing the victim to hit his head against the door frame and then fall to his death.

In this case, although the harmful result caused by the guilt of intentional injury is less than the harmful result caused by the guilt of negligence, from the perspective of the criminal composition of the whole case, the intentional guilt is the primary and the negligence is secondary. Therefore, I believe that the defendant in this case can only be convicted and sentenced for the crime of intentional injury on the basis of intentional guilt. Fang Yi thought for a moment and said.

Although Mr. Song could not find a better reason to refute Fang Yi's point of view, and Mr. Wang could not be persuaded by Fang Yi's point of view, this did not affect the discussion of the case between the three people. The three of them just talked about things, even if it was Wang Yong, who was a chicken thief, he just wanted to compete with Fang Yi professionally. He may be jealous of Fang Yi, but he has never hated Fang Yi.

There are no colleagues who secretly make stumbling blocks, this is Fang Yi's luck, and it is also the luck of the WAGO team.

At this time, lawyer Song already had an idea, although he had always wanted to defend the defendant not guilty, but the opinions of Fang Yi and Wang Yong reminded him that the defense of innocence may be really difficult to be accepted by the court.

Therefore, Lawyer Song is ready to retreat and take out the parts of Fang Yi and Wang Yong's views that are favorable to the defendant to defend the defendant's minor crimes.

As for the opinions just expressed by the three people, which one will be adopted by the court, I am afraid that we can only look at the final criminal verdict.

A month later, the court pronounced a verdict on the defendant's case.

After trial, the court held that the defendant Xie Quan deliberately pushed the victim, causing the back of his head to hit the side of the wooden door and then fall to the ground, resulting in cerebral contusion and death from subarachnoid hemorrhage, and his conduct constituted the crime of intentional injury.

Although the defendant did not foresee the serious consequences of the victim's act of slapping or pushing the victim before committing the act of slapping or pushing the victim, the defendant's act of pushing and shoving was still intentionally carried out under the control of the victim's will, and it was an act of intentionally harming the body of others, and there was a criminal law causal relationship between the consequences of the victim's death and the defendant's conduct.

The defendant's subjective intent to injure the body of another person and the negligence of causing death meet the constitutive elements of the crime of intentional injury (causing death), and his criminal responsibility should be pursued for the crime of intentional injury (causing death).

In view of the fact that the defendant surrendered himself after committing the crime and actively compensated the deceased's family for economic losses, his punishment may be reduced. The court finally ruled that the defendant was guilty of intentional injury and sentenced to six years in prison.

After the first-instance verdict was announced, the defendant Xie Quan did not file an appeal within the statutory period, and the procuratorate did not raise a prosecutorial counter-appeal, and then the criminal judgment took legal effect.

(End of chapter)