"Lawyer Du, will I be sentenced? My family depends on me to work to make money, and if I get caught, my family's life ...... O iniquity! Yu Chaobo sighed, lowered his head and wiped his tears with the back of his hand.

"It's hard to say, I suggest that you plead guilty, at least not resist the interrogation of the procuratorate and the court, and make the whole thing clear.

I can defend you against the lesser crimes, in the direction of excessive defense. Du Yong thought for a while and said.

"Is it too much defense, do you use a big prison?" Yu Chaobo looked at Du Yong with blank eyes.

"I can't give you an exact answer, but I'll defend you in the direction that is best for you." Du Yong replied.

Yu Chaobo didn't speak again, just nodded heavily.

When Du Yong returned to the law firm, Yun Qiao was holding a ruling, and ran into Fang Yi's office happily: "Master, there is a great event." ”

Fang Yi was stunned: "Who wants to get married?" ”

"It's not a marriage, in the case of Gu Mingguo's loan fraud, the Provincial High Court found that the facts were unclear, ruled to revoke the original judgment, and remanded for a new trial. This is the ruling. Yun Qiao handed over the ruling.

"Well, it's a good thing indeed." Fang Yi read the content of the ruling and said with a smile.

"Let's go and talk about this case, and the High Court will make a ruling, it seems that your judgment is correct, maybe Gu Mingguo can be found not guilty." Yun Qiao hugged Master Fang Yi.

"You can't say that, anything is possible, the higher you hold it, the harder you fall. You contact Yu Wanru and scan a copy of the ruling remanded for retrial. By the way, I would like to ask if you want to continue the commission. If you ask for it, ask her to come over. Fang Yi arranged.

"Okay, I'll do it right away." Yun Qiao ran out like a gust of wind.

In the afternoon of the next day, Yu Wanru came to the law firm again. She didn't expect her husband's case to be remanded for retrial by the Provincial High Court, it seems that the lawyer's fees and rewards have worked, and there must be lawyers under the rewards.

This time she came to the law firm, Yu Wanru increased her weight again, with a lawyer's fee of 200,000 yuan, and if she was found not guilty, she would be rewarded with another 200,000 yuan, and if she was sentenced to fixed-term imprisonment, she would be rewarded with 50,000 yuan, and in addition, she would be rewarded with another 10,000 yuan for every year less than 15 years in prison. The reward money, Yu Wanru will give Fang Yi in cash, which is the result of Wankefa's negotiation. Fang Yi accepted it all.

……

Soon after, the case of Yu Chaobo's intentional injury handled by Du Yong was opened. Yu Chaobo confessed to beating his brother to death with a wooden stick, and Du Yong had communicated twice with the procurator in charge of the case, and the procurator and Du Yong did not agree on the issue of whether the defendant constituted excessive defense, which also led to major differences between the two sides on the issue of sentencing.

During the course of the trial, the procedure went quickly, and the focus of the prosecution and defense was on whether the defendant had been excessively defensive, and the sentencing.

"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. The presiding judge said.

"Presiding Judge and Adjudicator: This court is of the opinion that ,...... A mentally ill person who is unable to recognize or control his or her own behavior is a person who lacks the capacity for criminal responsibility, and according to the provisions of Article 18, Paragraph 1 of the Criminal Law, even if he causes harmful results, he does not bear criminal responsibility.

Therefore, the infringement committed by the mentally ill person does not fall under the 'unlawful infringement' as provided for in the first paragraph of article 20 of the Criminal Law, and stopping the infringement committed by the mentally ill person does not constitute legitimate defense.

After the defendant Yu Chaobo snatched the wooden stick from the victim Yu Chaotao's hand, although the victim was holding a brick and wanted to get up at the time, because the victim was a mentally ill person and did not meet the requirements for legitimate defense, and did not hit the defendant on the spot, and the defendant struck the victim twice on the head in a row, causing her death, it can be seen that the defendant Yu Chaobo's conduct had obvious intent to injure and constituted the crime of intentional injury.

In view of the circumstances of the defendant's voluntary surrender, we recommend that the court sentence the defendant Yu Chaobo to death with a two-year reprieve. Complete. The inspector spoke.

……

"The defender gives his opinion." The presiding judge looked at Du Yong.

"Presiding Judge and Judge: The defender believes that defendant Yu Chaobo's conduct was excessive defense for the following reasons:

1. The defendant may carry out legitimate defense against unlawful violations committed by mentally ill persons.

First, the defender argues that the 'unlawful infringement' provided for in Article 20, Paragraph 1 of the Criminal Law includes not only criminal acts, but also ordinary illegal acts.

Although Article 20, paragraph 3, of the Criminal Law limits the prerequisite for special defence to 'violent crimes that seriously endanger personal safety'. However, as far as general defence is concerned, the Criminal Code does not require either a criminal act or a serious violation, and as long as there is an unlawful infringement that harms the interests of the State, the public interest, and the person, property and other rights of citizens, it can be stopped.

Second, the infringement committed by a mentally ill person who lacks the capacity for criminal responsibility is also an act that endangers society and is still an unlawful offense.

Although the first paragraph of Article 18 of the Criminal Law stipulates that a mentally ill person who causes harmful results when he is unable to recognize or control his own behavior does not bear criminal responsibility after being evaluated and confirmed by legal procedures, the Criminal Law does not exempt a mentally ill person from civil liability for violating the law.

Because civil violations are still illegal acts, the infringements committed by mentally ill persons who are unable to recognize or control their own actions should be unlawful acts, so they cannot be completely excluded from the object of legitimate defense, and such illegal violations can certainly be justified in defense.

In this case, the defendant Yu Chaobo was chased and beaten by his mentally ill younger brother Yu Chaotao and was unable to continue running to escape, and he struck Yu Chaotao in order to protect his person from unlawful infringement, which met the conditions for legitimate defense.

Third, the defendant's justifiable act of self-defense exceeded the necessary limit.

The so-called limit of justifiable defense refers to the fact that the justifiable defender cannot clearly exceed the necessary limit and cause significant harm to the unlawful aggressor.

In this case, because the victim was a mentally ill person who could not recognize and control the nature of his behavior, and was in possession of a murder weapon such as a wooden stick or a brick, it was a greater personal danger to the defendant.

However, after the defendant had already pushed the victim to the ground, the victim's personal danger to the defendant had been greatly reduced, and the defendant used a wooden stick to hit the victim's vital parts twice, causing the victim's death, which clearly exceeded the necessary limit, which was excessive defense and constituted the crime of intentional injury.

In view of the fact that the defendant took the initiative to send the victim home for treatment, his subjective malice was less and the harm to society was not great. Moreover, the defendant surrendered after committing the crime, and truly showed remorse, and should be given a lighter punishment in accordance with law, and the defender recommended that the defendant be given a suspended sentence. Complete. Du Yong expressed his defense opinion.

(End of chapter)