Yun Qiao was silent, and for the first time she felt the contempt and powerlessness of the lawyer.

It may be that she has always been by Fang Yi's side, and with Fang Yi's light, she has enjoyed too much joy of success, and she has taken the scenery of a lawyer for granted in her heart. To put it bluntly, it's a bit floating, and this floating feeling doesn't come from yourself, but from Master.

But today, Fang Yi's words made her heart, which had already floated into the sky, like a kite, was pulled suddenly, and the wind was gone, and it was falling flutteringly.

Fang Yi saw her loss and didn't want to hit her again, so he smiled: "But even so, the lawyer has a role, but the role is a little smaller, and it is not as lofty as outsiders see." Make good money, live a good life, and listen to those false and empty words less and believe less. ”

Yun Qiao nodded vigorously.

Soon after, Yan Lingmin's case was opened.

The gallery of the Eighth Trial Court of the Intermediate People's Court was full, and Yan Lingmin's husband Qiu Naijun and his family and friends were sitting in the gallery.

……

"Defendant Yan Lingmin, did you hear clearly the indictment read out by the prosecutor just now? Do you dispute the charges and facts charged against you in the indictment? The presiding judge looked at Yan Lingmin, who was sitting in the dock below.

Because this case has had a great repercussion in society, the Criminal Tribunal has appointed a vice president as the presiding judge, and the other two judges are also experienced veteran judges.

"I confess, I confess." Yan Lingmin in the dock wiped her tears in anxiety, and it could be seen that she was trying her best to control herself and cooperate with the court investigation.

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge's face was ruthless.

"Defendant Yan Lingmin, what is the relationship between the victim Qiu Yu and you." The female prosecutor asked.

"She's my daughter, I'm her mother." Yan Lingmin replied with a painful face.

"According to the autopsy report, there were scars left by the blows on many parts of the victim's body, do you know what happened?" The female prosecutor asked.

"Yes, I hit it. On the night of the crime and the day before, I got angry and hit her because she didn't care about studying. I didn't mean it, I wanted her to study hard and get ahead, I didn't expect it to ......be like this, I did it, I did it, I did it, I didn't do it...... " said, Yan Lingmin became emotional, covered her face with her hands, bent down and cried bitterly.

The presiding judge looked at the defendant and after a while: "Defendant, calm down, something has happened, we know that you regret it, but since you have done it, you have to bear the corresponding consequences......"

Yan Lingmin cried for a while, her feelings were almost vented, she slowly calmed down, and after hearing the presiding judge's words, she kept nodding her head, still sobbing.

……

"Does the defendant's advocate need to ask questions of the defendant?" Seeing that the defendant Yan Lingmin's mood had stabilized, the presiding judge looked at the defense bench and asked.

"Questions." Fang Yi looked at the defendant's dock after speaking: "Defendant Yan Lingmin, why did you beat the victim?" ”

"My daughter Qiu Yu is not good at studying, she always can't pronounce English accurately, and she always doesn't do math problems correctly, so I was in a hurry and angry, so I hit her.

After the fight, I regret it, but I don't want the child to fall behind, I don't want her to lose at the starting line, I can't be admitted to college in the future and complain about me, I have no culture, I can only enroll her in extracurricular classes, I shouldn't force the child to ......" Yan Lingmin cried again and replied in a choked voice.

"What did you do on the night of the crime, after the child's condition?" Fang Yi asked.

"At first, I thought she just had a cold and gave her medicine, but then it was about five o'clock in the morning, and I found that she was staring, and there was not much in the situation, so I called the demon 20 emergency number, but ...... But who knows that it's still a step too late, the child is gone......" Yan Lingmin cried even more.

Because both the defendant and the defender accepted the evidence submitted by the procurator, the procedure for presenting evidence and examining evidence went very quickly.

……

"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 Judge: The prosecutor thinks,...... Defendant Yan Lingmin intentionally and unlawfully injured the victim Qiu Yu's body, causing her death, and his conduct constituted the crime of intentional injury.

The facts of this case are clear, the evidence is credible and sufficient, the defendant intentionally injured her own daughter, causing her death, and in view of the fact that she voluntarily surrendered after the incident, and there are circumstances of voluntary surrender, we recommend that the defendant be sentenced to death with a two-year reprieve. The female prosecutor spoke.

The female prosecutor's heart is also very entangled, because her children are not good at studying, when the anger broke out, she also beat the child, and had the feeling of hating iron is not steel, but the general environment is like this, the school teaches too few things, the child does not go to the extracurricular tutoring class can not keep up at all, and even the school teachers encourage parents to go to the extracurricular tutoring class.

She doesn't know whether there is an interest relationship between the teacher and the extracurricular tutoring class, but if this continues, the pressure on parents will become greater and more tired, and the above requirements for the school to reduce the burden will not solve the parents' involution at all, but will make parents more involved.

The female prosecutor understands the defendant's feelings as a mother towards her daughter's studies, and sometimes she can't wait to stuff her own children back, giving birth to children and raising children is too tiring! But as a prosecutor, she couldn't help herself.

……

"The defender gives his opinion." The presiding judge said.

"Presiding Judge and Judge: The defender has no objection to the defendant's charges as charged by the public prosecutor, but the defender believes that the defendant beat the victim out of a good motive for educating his children, and the defendant has always confessed that the purpose of beating the victim is to make him study well, have a good career, and fight for himself.

The occurrence of this case was that the defendant used violence on the spot in the process of teaching his child, and accidentally beat the child to death, after which the defendant voluntarily surrendered to the public security organs, and there are statutory mitigating circumstances.

In view of the special nature of this case, the defense counsel recommended that the defendant be sentenced to five years in prison. Complete. Fang Yi expressed his defense opinion.

"The prosecutor may respond to the defender's arguments." The presiding judge said.

"Okay, in response to the defender's defense, the prosecutor believes that it is precisely because of the special identity relationship between the defendant and the victim that the victim, a primary school student, died tragically at the hands of his biological mother.

As the saying goes, tiger poison does not eat children, and the defendant's cruel methods of crime are shocking and destroy the conscience, so the prosecutor believes that the defendant should be punished heavily. However, in view of the circumstances of his voluntary surrender, it is recommended that he be sentenced to a suspended death. Complete. The response of the female prosecutor was brief, without a long speech, citing the law. It's a bit different from what she's used to.

"The defender responds to the prosecutor's comments." The presiding judge said.

"Based on the prosecutor's defense and response, the defense issued the following defense opinions:

The defender believes that it is precisely because of the special relationship between the defendant and the victim, and the circumstances of the defendant's voluntary surrender, that the defendant should be given a lighter punishment for the following reasons:

First, the defendant has the following statutory, discretionary mitigating or mitigating circumstances:

1. The defendant has circumstances of voluntary surrender, and the punishment may be mitigated or commuted in accordance with law.

2. There is a legal causal relationship between the defendant's injury and the consequences of the victim's death, but there are other intervening factors in the death.

On the night of the incident, Qiu Yu suffered from a large area of subcutaneous bleeding after being beaten, and showed symptoms of fatigue and drowsiness, and the defendant, as a mother, gave Qiu Yu a hot bath out of love, but it was this caring behavior that lacked medical common sense that caused Qiu Yu's subcutaneous bleeding to increase, the speed of bleeding to accelerate, and the area of bleeding to spread, which became a factor in the aggravation of Qiu Yu's condition.

Later, while sleeping, when Qiu Yu showed signs of danger such as high fever and shortness of breath, the defendant mistakenly believed that the victim had a cold and lost the best opportunity to treat Qiu Yu.

Although the above factors cannot prevent the establishment of a causal relationship, the defender believes that there is a certain impact on the victim's death, and requests that the collegial panel give due consideration to it when sentencing.

3. When Qiu Yu was critically ill, the defendant not only rescued himself, but also called the emergency number for help, proving that the defendant was not subjectively actively pursuing the occurrence of the victim's death, and objectively also carried out rescue acts and fulfilled the obligation to rescue, and requested the collegial panel to give the defendant a lighter punishment.

4. The tools used to cause injuries in this case were not general appliances that were sufficient to cause casualties with a single blow, and the blows were mainly on Qiu Yu's buttocks, back, limbs and other non-vital parts of the human body. It can be seen that the defendant was relatively restrained in his choice of criminal tools and striking parts.

5. The defendant's punishment of Qiu Yu was to urge his daughter Qiu Yu to learn well and to teach her son, and her criminal conduct contained elements of the godchild's heart, although the method was improper and the attack was too heavy, but subjectively it was still for the child's education and growth, but it was too hasty, and the motive for the crime still had a kind side relatively speaking, reflecting that his subjective malice was relatively light.

6. This case occurred between family members, the target of the crime is special, and the harm to society is relatively light compared with other serious violent crimes that occur in society.

7. After the defendant is brought into the case, he truthfully confesses his crime, has a good attitude in admitting guilt, and shows remorse.

Second, in consideration of the social effect, the defendant should be sentenced to a relatively light punishment. Here's why:

1. This case is a special case, and the defender believes that the sentencing of the defendant should not only reflect the basic principle of proportionality of criminal responsibility and punishment, but also consider the trauma and pain caused to the defendant's heart by the family disaster caused by the defendant's own cause.

As the biological mother of the victim, the defendant is also a victim herself, and they may bear a heavy psychological burden for the rest of their lives, unable to face their beloved daughter, husband, parents and relatives, and unable to forgive their own actions.

For the defendant, this kind of heartfelt self-blame, self-blame, self-remorse, self-remorse and self-reflection is enough to achieve or even surpass the punitive and educational effects of criminal punishment.

2. This case is not only a family tragedy for the defendant, but also a social tragedy.

The defender believes that in the hearts of many parents, there has always been a traditional feudal patriarchal concept of 'beating is kissing and scolding is love' and 'filial piety is born under the stick', which is also the ideological root of the defendant's crime.

'Hoping that their son will become a dragon and their daughter will become a phoenix', the vast majority of parents generally sacrifice their children's health and happiness to satisfy their vanity, and this distorted value is the real murderer who buried Qiu Yu's young life; Comparisons and brutal competition in exam-oriented education, further education, and employment are the social causes of this tragedy.

The defender did not deny that there was a causal relationship between the defendant's assault and the victim's death, but from another perspective, the defendant was also a victim, and the real culprit that led to the family tragedy was the above-mentioned social factors.

To sum up, the defender implores the collegial panel to reduce the defendant's punishment within the statutory range in order to embody the criminal punishment functions of education, reform, and rescue, to demonstrate the majesty and humanistic care of the law, and to achieve the organic unity of legal and social effects. Complete. ”

After Meng Guangda finished responding, he looked at Fang Yi and asked him if he added with his eyes, Fang Yi shook his head slightly. Fang Yi felt that Meng Guangda's response was very good and he didn't need to add.

That's right, before today's trial, Fang Yi and Meng Guangda had a division of labor, and the previous work was handed over to Fang Yi, and when the defender responded, Meng Guangda would speak, and Fang Yi would support him.

Meng Guangda's speech is the result of the two of them revising it many times, the language is too sharp Fang Yi is afraid of being disgusted by the relevant departments, and the language is too soft and ineffective, Meng Guangda's speech is the final draft of several revisions.

After all, the parties entrust the case, looking at Fang Yi's reputation and professional ability, if Meng Guangda speaks too many times, it will give the parties the suspicion of taking the lead, and the parties may be dissatisfied.

The presiding judge continued to walk through the procedure, and Fang Yi cast an approving glance at Meng Guangda, which seemed to allow Lao Meng to take the lead.

Today, Cao Yongzheng and Yun Qiao also came to the trial site, and they sat in the auditorium, they wanted to hear how Boss Fang and Meng Guangda defended.

After listening to Meng Guangda's response, Cao Yongzheng secretly sighed, if others can become famous, they are indeed at a higher level than themselves, and they can't be convinced. Meng Guangda's fame continued to rise, which made him see hope and Fang Yi's pattern. I feel like I'm jumping right this time. In Fang Yi's team, gold will shine sooner or later, and Boss Fang will give everyone the opportunity and will not hold on to it.

……

At the end of the trial, the presiding judge read out the verdict in court.

The Intermediate People's Court held that the defendant Yan Lingmin intentionally and unlawfully inflicted bodily harm on others, causing the death of one person, and his conduct constituted the crime of intentional injury. The facts of the procuratorate's accusation against defendant Yan Lingmin are clear, the evidence is credible and sufficient, and the charges are confirmed.

Defendant Yan Lingmin voluntarily came to the case and truthfully confessed his crimes, and surrendered. In accordance with the provisions of Article 234, Paragraph 2 and Article 67, Paragraph 1 of the Criminal Law, it was decided that the defendant committed the crime of intentional injury and was sentenced to six years imprisonment.

After the first-instance judgment was announced, the defendant Yan Lingmin did not file an appeal, and the public prosecution did not raise a counter-appeal, and the judgment took legal effect.

After the verdict was announced, when the defendant Yan Lingmin was taken out of the courtroom by the bailiffs, Qiu Naijun in the audience had tears in his eyes, and his lips trembled for a long time without speaking.

Six years, within the range of Fang Yi's previously estimated sentence, Qiu Naijun can accept it. It is said that after leaving the court, Qiu Naijun fell seriously ill and stayed in the hospital for more than half a month before he got better, but his spirit has not been very good, and the doctor said that it was caused by excessive sadness and needed to recuperate, maybe it would be better for a long time. (End of chapter)