Zhou Ying looked at her and shook her head constantly: "I can only defend my guilt, but I can't give you a not-guilty defense." Personally, I believe that such a defense is in your best interest. ”

Jiang Chunzhi's mother shed tears after listening to Zhou Ying's words: "Chunzhi, my mother is sorry for you, if you let you continue to study...... But our family is poor and can't afford to support you and your brother......"

"Mom, it's all in the past. I don't blame anyone, it's all my own fault, it's me who went the wrong way. Jiang Chunzhi turned his head to look at his mother, his eyes were full of sadness, and handed a tissue to his mother.

"Lawyer Zhou, how many years will I be sentenced?" Jiang Chunzhi's mood was quite stable and did not collapse, it seems that she herself has been mentally prepared.

"It's hard to say right now, I'll get you a reprieve." Zhou Jing said calmly.

"Thank you, thank you, Lawyer Zhou." After Jiang Chunzhi finished speaking, he hugged his mother and left the law firm.

Zhou Ying knows a little about Jiang Chunzhi's past, before she went to the detention center to see Jiang Chunzhi, her mother once told Zhou Ying that Jiang Chunzhi's studies were very good at that time, and she could rank in the top three of the whole grade, but the family's economic conditions were too poor, and the family relied on Jiang Chunzhi's father to do odd jobs to make a living, and they couldn't afford the tuition fees for her and her younger brother.

When she was in the second year of junior high school, her father burned all her books and did not let her go to school, and she once begged her father on her knees, but her father squatted at the door and smoked a cigarette, not saying a word, and her mother would only wipe her tears.

The head teacher knew that after Jiang Chunzhi dropped out of school, he deliberately came to her and wanted to do work for her parents, but at that time, Jiang Chunzhi had already carried simple luggage and followed the villagers to work in the southern factory.

has no education, is young, and is exploited by the boss, he didn't make any money after working for two years, but caused a lot of trouble because of his outstanding appearance. Later she left the factory.

No one knows what she has experienced, and when she returns to her hometown, the whole person has lost her original simplicity, and is more of a dusty atmosphere.

Until she was arrested, the rumors about her quickly swept through the surrounding villages and towns like a tornado, as if everyone knew overnight that the Lao Jiang family had a daughter who corrupted the door. Her parents were afraid to go out and couldn't hold their heads up.

The younger brother, who went to college in another province and received his sister's living expenses on time every month, heard about his sister's incident, as if he had suddenly evaporated, and never called her again, even when he was released on bail, he did not come back to see her.

Maybe Jiang Chunzhi had thought of today a long time ago, or her heart had long been numb, and when she thought about it, her emotions did not fluctuate much, and her eyes were so empty, as if this world had long lost its color for her.

Over the years, she has helped her parents support a college student, which is the only thing she is happy about.

Zhou Ying watched the elevator door slowly close, feeling a little depressed, the money in this world will flow to those who are not short of money, and the love in this world will also flow to those who have never lacked love, and those who really need money and love are always chasing, no matter how much effort and how much love is paid, it will never be enough.

……

I don't know if it's providence or coincidence, the Ma Liangyou embezzlement case undertaken by Fang Yi and the intentional homicide case of Gao Peili undertaken by Meng Guangda were tried on the same day.

Ma Liangyou's embezzlement case is a private prosecution case, so there is no public prosecutor opposite the defense seat, but the private prosecutor Boss Liu. Before the trial, Ma Liangyou went to Boss Liu for a second time, but Boss Liu didn't see him at all, and asked him to tell him what was said in court.

I don't know if I feel sorry for the money, or if I feel that I am sure of winning, Boss Liu is the only one in the private prosecutor's seat, and he didn't hire a lawyer.

"Now conduct a court investigation, and ask the private prosecutor Liu Changshui (Boss Liu) to read out the indictment." The presiding judge looked at Boss Liu.

Boss Liu read the indictment again, and what he said was similar to what he had learned before. Boss Liu accused the defendant Ma Liangyou of the crime of embezzlement.

"Defendant Ma Liangyou, did you hear clearly the indictment read out by the private prosecutor just now? What crime are you accused? Do you dispute the facts of the crime charged against you in the indictment? The presiding judge looked at Ma Liangyou, who was sitting in the defendant's dock.

"I have objections, I did not encroach on his property, after the stainless steel putty knife in the warehouse was stolen, I have explained the situation to Liu Changshui, and I am willing to compensate him for his losses, but he does not ......agree," Ma Liangyou defended.

……

Both parties agreed on the facts of this case, and the focus of the dispute was qualitative issues, so the previous procedure went relatively smoothly.

"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 private prosecutor spoke. The presiding judge said.

"I insist on my previous opinion and ask the court to judge the defendant for the crime of embezzlement in accordance with the law." Liu Changshui didn't know what to say, when he consulted a lawyer before, because he was reluctant to spend money, the lawyer didn't tell him much, and only drafted a criminal private prosecution complaint for him.

"The defendant defended himself." The presiding judge felt that neither the private prosecutor nor the defendant had much legal knowledge, so they couldn't talk too much and couldn't get to the point, wasting time to talk back and forth, and they didn't expect the two to say more professional defense opinions.

"I don't think I'm guilty of a crime, I didn't take his goods and didn't give them to him, the goods in the warehouse were stolen, and I didn't really know that my son did it at first. I said to lose money, but he didn't agree......" Ma Liangyou expressed his defense opinion.

"The defendant's defender gives his defense opinion." After speaking, the presiding judge has already begun to clean up the case files on the table.

"Presiding judge and adjudicator: The defender believes that although the defendant Ma Liangyou has the identity of the subject of 'keeping other people's property on his behalf', he does not have the circumstance of 'refusing to return it', and Ma Liangyou's conduct does not constitute the crime of embezzlement. The specific reasons are as follows:

The first paragraph of article 270 of the Criminal Law stipulates that a person who illegally takes possession of another person's property in custody for himself, and refuses to return the property of another person in custody, is guilty of embezzlement.

According to the above provisions, the custody of other people's property and the refusal to return it are two important conditions for constituting the crime of embezzlement.

To constitute the crime of embezzlement, the perpetrator is required to have custody of the property of others.

In this case, the custody relationship arose from the processing contract, that is, the contract in which the contractor completed the work and delivered the results according to the requirements of the contractor, and the contractor paid remuneration.

There are two types of contracts: the first is that the raw materials processed are selected by the contractor himself; The second is provided by the customizer.

In the first case, the contractor is not responsible for providing the raw materials, the contractor pays the cost of purchasing the materials in advance, and has the ownership of the materials selected by itself.

In the second case, the contractor provides the raw materials, and there is no transfer of ownership after the raw materials are delivered to the contractor, and the contractor only has the right to use the raw materials in accordance with the purpose of the contract.

In this case, the contractor has the obligation to return the work results processed using the raw materials, and the raw materials are in a state of custody, and refusal to return them is an embezzlement.

In this case, there was a processing contract between the private prosecutor Liu Changshui and the defendant Ma Liangyou, and the content of the contract belonged to the second type of contracting mentioned above. From a formal point of view, it meets the conditions for the crime of misappropriation to be kept on behalf of others.

However, looking at the whole case, the defendant Ma Liangyou does not have the circumstance of 'refusing to return'.

Finding that the actor 'refuses to return' requires that the actor subjectively does not want to return it, and objectively expresses his intention not to return it with actual actions.

If, after the perpetrator actually disposes of another person's property in the custody in the form of selling, donating, or using it, he expresses his willingness to compensate the owner of the property for economic losses, it does not constitute a 'refusal to return'.

Because in most cases, the value of property can be reflected in money, and when the original thing cannot be returned, where the perpetrator is willing to use money or kind of things to compensate, it shows that he does not have the intention of illegal possession, and it should not be found to be the crime of misappropriation.

In this case, after the private prosecutor reported the case, the public security organs, based on the defendant Ma Liangyou's confession, recovered the stainless steel putty knives from the purchaser of the batch of stainless steel putty knives and returned them to the private prosecutor.

On the contrary, after the case occurred, the defendant expressed his willingness to pay equivalent compensation from the beginning, but the private prosecutor refused.

Since the stainless steel putty knife is a kind of thing, and the purpose of the private prosecutor entrusting the defendant to process it is also to sell it for profit, and the defendant can fully compensate the private prosecutor for economic losses in the form of money, although the private prosecutor refuses to accept compensation, it cannot be denied that the defendant has the willingness and ability to compensate.

Accordingly, defendant Ma Liangyou's conduct did not meet the elements of 'refusal to return' required by the crime of embezzlement, and his conduct did not constitute the crime of embezzlement. The court is requested to acquit the defendant in accordance with the law. Fang Yi expressed his defense opinion.

……

At the same time as Fang Yi expressed his defense opinions, Meng Guangda was also impassionedly expressing his defense opinions for Gao Peili.

"Presiding Judge and Judge: The defender has no objection to the prosecutor's charge of intentional homicide, but the defender believes that the defendant has extenuating circumstances and recommends that the court give a lighter punishment, for the following reasons:

1. Where a defendant kills her husband because of long-term abuse or domestic violence, it shall be found to be 'less serious circumstances' as provided for in Criminal Law article 232.

1. Although the defendant's method of abusing and killing her husband was relatively cruel and caused the victim's death, this was due to the defendant's long-term domestic violence and abuse by her husband.

The defense argued that the defendant's behavior was psychologically a manifestation of 'battered woman syndrome'. 'Battered woman syndrome' is generally used to refer to a particular pattern of behaviour exhibited by women who have been violently abused by their husbands or boyfriends for a long time, and this psychological symptom is made up of two concepts: the cycle of violence and the acquired sense of helplessness.

The cyclical cycle of violence allows women to anticipate when the next wave of violence will occur and how severe it will be, while remaining in a state of panic.

Long-term exposure to violence and panic make women gradually psychologically paralyzed, becoming more and more passive, more submissive, and more helpless.

This kind of mental restraint has accumulated to a certain extent, and once it breaks out, it is easy to go to extremes, lose reason and lose control. Due to the limitations of the battered woman's ability to resist and the fear of the violent husband, the time point of the uncontrolled murder of the husband is often not when the unlawful aggression is in progress, so the act of killing the husband cannot be mitigated or exempted from punishment on the grounds of legitimate defense, but the defendant's behavior is caused by the serious fault of the victim.

In view of the fact that the victim of domestic violence in this type of situation is seriously at fault in the cause of the crime, in previous cases, the act of killing a husband due to long-term abuse was generally recognized as a "less serious" circumstance in the crime of intentional homicide (the defender has already submitted the relevant criminal case).

2. When sentencing women who kill their husbands due to long-term abuse and domestic violence, they should be dealt with as "less serious", which can achieve better social effects and have positive significance in curbing the breeding and spread of domestic violence.

Although Article 3 of the Marriage Law (which has been repealed after the Civil Code came into effect) prohibits domestic violence, it is difficult to grasp the scale and basis of punishment.

In recent years, due to the imperfection of rules and regulations, the perpetrators of domestic violence have become more unscrupulous, and domestic violence has become more and more intense.

Identifying the act of battering and killing a husband as a relatively minor crime will inevitably lead to some restraint of the perpetrator of domestic violence and play a good role in social guidance.

In addition, in this case, the victim's abuse and murder of her husband is a highly targeted homicide, and the possibility of the perpetrator committing the same crime again is very small, and the perpetrator's subjective malice is relatively small, and he has everyone's sympathy from morality, and severely punishing a battered woman like the defendant, who is almost never physically dangerous, will do more harm than good to the country, society, and their children, and may also bring about more serious socially oriented problems.

Therefore, the defender believes that the determination of killing a husband due to long-term abuse and domestic violence as a 'less serious circumstance' as provided for in Article 232 of the Criminal Law is in line with the criminal policy of blending leniency and severity, and conforms to the development trend of "lighter punishment" and "humane" punishment.

In this case, the defendant Gao Peili and the victim Bai Kejun were married for more than seven years, and the victim often beaten, scolded and abused the defendant for no reason, and the defendant also tried to seek help from the village committee and the women's federation many times, but the problem was difficult to completely resolve.

On the day of the incident, after a long beating and scolding, the defendant's long-standing grudge broke out, killed her husband, and then surrendered to the public security organ.

According to the evidence in the case, the local women's federation submitted an application report requesting a lighter sentence for the defendant Gao Peili, and the local government issued a petition with more than 700 signatures from the public demanding a lighter punishment for the defendant Gao Peili. All this represents the will of the people. The law is not only ruthless, but should also play a role in guiding society.

This case is a very typical case of husband murder caused by long-term abuse and domestic violence, the victim was seriously at fault in the cause of the crime, and the defendant was sympathetic to the public, and the defendant Gao Peili's husband's murder should be found to be 'less serious' as provided for in article 232 of the Criminal Law. After Meng Guangda finished the first point of his defense opinion, he cleared his throat and paused, he wanted the judge and the people in the audience to digest it.

It's really hard to separate, so you can only merge one big chapter. There is another chapter later. Please wait.