"I'll give my opinion first, and I'll throw bricks and lead the way." Yun Qiao swallowed the orange in his mouth, took out a wet tissue and wiped his hands: "In my opinion, aiding suicide cannot be equated with intentional homicide, and in the absence of express provisions in the Criminal Law, it is debatable to determine that aiding suicide constitutes intentional homicide."

In particular, in the case of this case, the defendant did not instigate, mentally compulsion, or other acts. The defendant only carried out the act of helping the victim when he could not bear the pain and offered to help him buy pesticides. Moreover, the victim was a pesticide that he had drunk, and the defendant did not force it, and the victim had the right to choose whether to continue to live or die.

This case reminds me of the 'euthanasia' controversy a few years ago, don't ordinary people even have the right to choose death? Do you have to stand up and contribute to the hospital?

I have read the online report on this case, and to be honest, it was full of tears after reading it, and I think that the defendant Rongyang is a filial son. If it were me, I wouldn't have chosen to be indifferent, and I'm probably going to do the same.

In my opinion, the purpose of the law is to maintain order, but it would be biased to be excessively strict with order without taking into account the particularity of this case.

This is what I really think in my heart, although it may be more emotional than rational, but ...... No vomiting, no pleasure. ”

The old lawyers of the team all know what kind of character Yun Qiao is, and almost every time she analyzes the case, she will choose to speak first to drive the atmosphere.

But this time, everyone heard different voices, this is a female lawyer's heartfelt speech, emotional more than rational, she did not suppress the emotional side too much, but released the true self, no longer dry rely on the law to narrate.

Fang Yi was stunned, he also felt that Rong Yang was a filial son, and his behavior was different from ordinary criminal behavior, but reason told him that the choice of death was probably not in the hands of ordinary people, such as euthanasia.

The people in the office fell silent.

"Old Meng, what do you think?" Half a minute later, Fang Yi looked at Meng Guangda who was sitting on the sofa.

"Well, the case hosted by lawyer Du has been circulating on the Internet, and the social attention is very high. I saw a report on the case online last week, and I discussed it when I was chatting with Yu Wendong.

Theoretically speaking, aiding suicide refers to the act of giving mental encouragement to others who already have suicidal intentions, so that they can strengthen their suicidal intentions, or providing material help to make them realize their suicidal intentions.

From the above conceptual analysis, helping to commit suicide is different from direct killing.

If the defendant directly kills someone, even if it is done at the request of others, it is generally believed in theoretical and practical circles that it should not be found to be aiding suicide and constitutes the crime of intentional homicide.

However, there is considerable controversy in both theoretical and practical circles as to whether the act of merely providing assistance without directly committing homicide should be found to be the crime of intentional homicide. Meng Guangda said.

", what is your final opinion? Don't be cloudy, give me a final opinion. I've got to keep a record. Yun Qiao held back a serious smile and urged.

She may have felt that the atmosphere in the office just now was too oppressive and needed to be lively.

There are no more than three people in the whole team who dare to talk to Da Ge so bluntly, including Yun Qiao, and the remaining two people, one is Boss Fang and the other is Zhou Ying.

In fact, it is not that Meng Guangda is so majestic, and he does not have human hair on his body, but because he is relatively old in the team, everyone respects him, especially after his fame has become famous recently, he does not smile every day, and everyone thinks that he should cooperate with his personality and establish his image as an expert externally.

To be honest, Meng Guangda didn't like this feeling, as if the distance between himself and everyone was getting farther and farther away, and there was a feeling of being overwhelmed by the cold. On the contrary, Yun Qiao's nonchalant attitude sometimes makes fun of him and makes him feel very close.

After listening to Yun Qiao's words, Meng Guangda habitually brushed the sparse hair on the top of his head and continued: "My opinion is that aiding suicide constitutes intentional homicide. The reason is that there is a causal link between the act of aiding suicide and the outcome of death, which violates the right to life of the deceased. ”

"Well, I agree with, aiding suicide should in principle also constitute intentional homicide. My reasoning is that aiding and abetting suicide meets the characteristics of indirect intentional homicide.

"Sui Xia, what do you think?" Fang Yi clicked on Sui Xia's name and wanted to hear her opinion.

Everyone knows that she has worked in the procuratorate for a period of time, and her way of thinking has the inertia of work, and when discussing the case, everyone basically pretends to be the role of a prosecutor and listens to her opinions to improve their defense opinions.

"I think that in this case, the defendant Rong Yang knew that the pesticides were highly toxic, but still handed the mixed pesticides to his mother Lu Yanlan, and Rong Yang subjectively had a laissez-faire attitude towards Lu Yanlan's death, which met the subjective conditions for the crime of intentional homicide. At the same time, Rong Yang objectively also carried out the act of illegally depriving others of their lives, which met the objective conditions for the crime of intentional homicide. Sui Xia stopped the pen in his hand and spoke.

Although she is very easy-going on weekdays, she is very capable when discussing the case, and she will not drag her opinions when expressing her opinions, which is diametrically opposed to Meng Guangda's side-by-side citation.

Subsequently, Song Hui and others also expressed their views.

"In this case, I have analyzed it with Lawyer Du before, and our opinions are the same, and the defendant's actions constitute the crime of intentional homicide. Lawyer Du, tell us why. After Fang Yi saw that everyone had expressed their opinions, he looked at Du Yong.

"Well, I'm the lead lawyer, I've been in the case for a longer period of time, and I've been given more information, and we believe that the defendant is guilty of intentional homicide on the grounds that:

First, Rongyang committed an act of unlawfully depriving others of their lives.

Rong Yang has an obligation to support his mother, Lu Yanlan. Lu Yanlan was tortured by illness, and when she asked her for help in buying pesticides to commit suicide for the last time, Rongyang not only did not dissuade her, but instead bought pesticides for her, and unscrewed the cap of the bottle after blending and handed the pesticides to her mother Lu Yanlan, providing conditions for Lu Yanlan to commit suicide.

After Lu Yanlan ingested the pesticide, Rong Yang did not actively implement the rescue, but watched Lu Yanlan die of poisoning. Although Rong Yang did not carry out the act of drugged drugs, from the analysis of the nature, his behavior was an act of illegally depriving others of their lives.

In addition, whether Rong Yang committed the act of forcibly administering drugs is an important basis for us to judge his motive for committing the crime and whether he helped commit suicide or directly killed people.

On this issue, in terms of direct evidence, only the defendant's confession was the evidence, while in terms of indirect evidence, the on-site inquest and examination records, forensic medical autopsy and appraisal all confirmed that the victim did not violently resist or struggle before his death.

Therefore, based on the evidence on record in this case, we believe that Rongyang did not carry out the act of forcibly administering drugs. This is in the defendant's favour.

Second, there is a causal relationship in the sense of criminal law between Rong Yang's actions and the death of his mother, Lu Yanlan.

Previously, Lu Yanlan had suicidal thoughts due to the torture of illness, but because she was sick in bed, she was unable to commit suicide on her own.

At Lu Yanlan's request, Rongyang knew that the pesticides were highly toxic, but still provided them to Lu Yanlan. Although he only handed the pesticide to Lu Yanlan, he knew that after Lu Yanlan received the pesticide, it would inevitably lead to death. Therefore, there is a causal relationship between Rongyang's act of providing pesticides and the result of Lu Yanlan's death.

Third, Rongyang's conduct was criminally illegal, and there was no cause for illegality.

Aiding suicide involves the issue of victim commitment in criminal law theory. "Victims' pledges" refers to carrying out acts that harm the rights holder's rights and interests with their permission.

The Roman jurist Urbian once said that 'there is no harm to the intent of the perpetrator', that is, when the perpetrator commits a certain violation, if the act and the result of the act are exactly the act and result intended by the victim, then there is no problem of harm to the victim. This shows that in the traditional concept, the victim's commitment has a certain impact on the determination of illegality.

In fact, I myself am very sympathetic to the defendant in this case.

However, in the contemporary system of criminal theory, there are certain restrictions on the victim's commitment as a cause for illegal deterrence.

Generally speaking, except for the interests of the state and the public interest, even the private rights of individual citizens are not completely freely disposed of by the subject of rights. For example, the right to life cannot be freely disposed of, and a person who kills with the victim's promise still constitutes the crime of intentional homicide.

Our current Penal Code does not specifically deal with victim commitments. In judicial practice, in principle, the victim's commitment is not used as a deterrent to the crime of homicide in the case of intentional homicide where the victim promises, but it can be used as a reason for mitigating criminal responsibility.

To sum up, in this case, although the defendant Rongyang's act of aiding suicide was carried out at the request of his mother, Lu Yanlan, because his violation of the right to life exceeded the scope of punishment promised by the victim, the criminal illegality of his act cannot be ruled out, and it still constitutes the crime of intentional homicide. Du Yong expounded his point.

"Actually, I am more concerned about how to sentence the defendant Rongyang if he constitutes the crime of intentional homicide.

To be honest, I also sympathize with the defendant in my heart. Song Hui saw that Du Yong had finished expressing his opinion, and took over the conversation.

"That's what we're going to talk about next." Du Yong said with a serious face: "Since I provide a defense for the defendant, how to persuade the court to reduce the punishment of the defendant when the crime is determined is my obligation and the focus of my work. ”

Song Hui understands Du Yong's feelings very well, knowing that the defendant is a filial son, but he is unable to clear his name, so he can only retreat to the next best thing and choose the defense of the lighter crime, which is the most realistic and the most desirable defense plan at present.

Article 232 of the Criminal Law stipulates that a person who commits intentional homicide if the circumstances are relatively minor shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. However, there is currently no judicial interpretation that clearly stipulates what constitutes 'less serious circumstances'.

In my experience, in judicial practice, judicial organs will generally identify acts such as killing in righteous indignation, killing in excessive self-defense, aiding suicide, and drowning the baby by the biological mother because she is unable to raise her own baby as "less serious" for the crime of intentional homicide.

Therefore, I suggest that Mr. Du can start from this aspect, and coupled with the large number of positive comments generated on the Internet of this case, there is a greater hope of success. Song Hui suggested.

The team's lawyers offered advice and didn't disperse until the end of the day.

……

On the afternoon of this day, Fang Yi was busy with his head down, when there was a knock on the door, and a round-faced male lawyer came in. The lawyer, Fang Yi, was familiar and knew that he was a lawyer for the legal aid team, but did not know his name.

"Hello Mr. Fang. I am a lawyer in the legal aid team, Zhou Yuanzhong. The round-faced male lawyer introduced himself as he entered the door.

"Hello, Lawyer Zhou, do you have anything to do with me?" Fang Yi looked at him curiously.

"We in our legal aid team are looking for a paralegal, and I would like to recommend someone for this role. I went to see Director Wan just now, but Director Wan asked me to come to you. Zhou Yuanzhong's face was sincere, waiting for an answer with blank eyes.

"Oh? Give me your resume. Fang Yi saw that he was holding an A4 paper in his hand, which should be a resume.

Zhou Yuanzhong hurriedly handed over the resume in his hand: "Lawyer Fang, this person is not highly educated, and he has some previous convictions, but I still hope you can give him a chance." ”

"Well, I'll take a look first." Fang Yi didn't promise him, nor did he refuse, just looked at him with a smile.

Zhou Yuanzhong was not familiar with Fang Yi, and left the office after expressing his gratitude.

The paralegals recruited by the legal aid team are, to put it bluntly, a miscellaneous job, with little technical content, and many jobs are skilled workers, and the salary is not high, which is not a good job for law graduates. This matter was mentioned once by Wan Kefa at the partners' meeting before.

Fang Yi didn't understand why Lawyer Zhou would recommend a person with a criminal record. In addition, he couldn't figure out why Wan Kefa sent Zhou Yuanzhong to him, and the personnel department couldn't handle it?

Fang Yi habitually picked up his resume and glanced at it, the person on the resume was named Ma Sida, twenty-three years old, after graduating from junior high school, he began to wander the streets, because he was administratively detained for ten days because of fighting, and later was dealt with by the judicial authorities for fighting, and was sentenced to one and a half years, only half a year out.

Judging from the resume, this Ma Sida is a typical gangster. Fang Yi didn't have a good impression of this kind of person, so he casually threw his resume aside and continued to work.

More than an hour later, Fang Yi finished dealing with the work at hand, he saw the resume again, and suddenly realized a problem, why didn't Wan Kefa directly refuse this kind of thing, and leave it to himself?

Although Fang Yi has been promoted to deputy director of the law firm and has also taken over part of the management work, the personnel work has always been personally grasped by Wan Kefa, why did it suddenly fall on his head?

Fang Yi looked at the resume in his hand, he really couldn't see anything special, if he had to say something special, it might be that the person who was recommended was more special, this was the worst resume he had ever seen since he entered the industry, although the number of resumes he had seen was not much, limited to the resumes of team lawyers and trainee lawyers.

There was nothing to do, Fang Yi picked up his mobile phone and called Wang Deyou, asking him to come to the office for tea. (End of chapter)