Chapter 1031 Who doesn't want to be angry with the horse
"Take it easy, just play normally, Director Wan has already arranged it, if the verdict is announced in court, there will be some interviews in the follow-up.
If the verdict is not pronounced in court, you should come back as soon as possible when you leave the courthouse and do not answer any questions from reporters. Fang Yi patted his arm.
"Well, I understand." Du Yong knew that Boss Wan was going to operate for him, and he was ready to use this case to pick him up, and at the same time let Sidley Law Firm appear again to enhance his reputation.
At 9:30 a.m. on Thursday, the collegial panel began its investigation after completing the previous procedures.
"Defendant Rongyang, did you hear clearly the indictment read out by the prosecutor just now? What crime are you accused? Do you dispute the facts of the crime charged against you in the indictment? What's the objection? After the prosecutor finished reading the indictment, the presiding judge asked.
The presiding judge is a tall male judge with a square face that looks very dignified.
"I have no objection to the prosecution's prosecution." Rong Yang was wearing a detention center vest and sat in the defendant's dock, looking a little sluggish.
"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge said.
"Defendant Rongyang, how did your mother die?" The female prosecutor's words were cold.
"She died of drinking pesticides, and I bought pesticides for her, and she begged me to buy pesticides for her, and begged many times...... "Rong Yang was like a robot, his face stiffened, and he told the whole case without the prosecutor continuing to ask.
Everyone in the auditorium could only hear his voice without any mood fluctuations, but Du Yong saw that his eyes were full of pain, and he was numb from pain.
But there is a glimmer of hope who wants to see this human tragedy, who doesn't want to be angry with fresh clothes, but the defendant's family environment is like this, and he has been overwhelmed by the last straw.
Most of the people in the auditorium showed sympathetic expressions, and the investigation of the facts of the case lasted more than two hours, and the procurator asked about some details of the case.
Du Yong also questioned and confirmed some facts that were favorable to the defendant.
……
"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 Public Prosecutor will speak first. The presiding judge said.
"The presiding judge, the judge, and the prosecutor believed,...... The defendant in this case, Rong Yang, ignored the laws of the state, knowing that pesticides could poison lives, and in order to relieve the pain of his mother Lu Yanlan, at the request of Lu Yanlan, he helped Lu Yanlan take pesticides to end her life, and his conduct constituted the crime of intentional homicide.
In view of the fact that Rong Yang's above-mentioned criminal acts occurred between immediate family members and were committed at the active request of the victim after having suicidal thoughts, his criminal acts should be distinguished from ordinary intentional homicide that seriously endangers society.
We recommend that the court sentence him to 10 years in prison. The inspector's words caused a commotion in the auditorium, but they soon disappeared, like waves in the sea, coming and going as fast as they came.
"The defendant will defend himself below." The presiding judge said.
"I handed the pesticide to my mother with my own hands, watched her drink the pesticide, and then watched her end her life in pain, I knew that she was for my good, and I didn't want to drag ......me down anymore" Speaking of this, Rong Yang in the dock covered his face with his hands, his shoulders trembled, and when he looked up again, his face was full of tears: "I am guilty, no matter how the court sentences me, I will admit ......"
"Defendant Rongyang's defender expressed his defense opinions." After a moment, the presiding judge continued.
"Presiding Judge and Adjudicator: The defender has no objection to the charges against the defendant as charged by the prosecutor, but has objections to the sentencing.
The defense argued that although the defendant's conduct constituted the crime of intentional homicide, this case was different from the crime of intentional homicide. His conduct should be found to be a 'lesser circumstance' in the crime of intentional homicide and should be sentenced to imprisonment of not less than three years but not more than ten years.
The defender believes that in this case, whether it is from the objective harmfulness of the defendant's conduct, or from the defendant's subjective malice and personal dangerousness, the defendant's conduct meets the requirements of 'less serious circumstances' as provided for in article 232 of the Criminal Law, and the specific reasons are as follows:
1. The social harm of this case is relatively small.
Judging from the provisions of the Criminal Law, the crime of intentional homicide is extremely harmful to society, and the spirit of the policy of being strict in accordance with the law should be reflected in the handling of the crime.
However, the social harm of intentional homicide caused by the intensification of civil conflicts is relatively small, and the defender believes that the handling should reflect the spirit of the policy of leniency in accordance with the law. In particular, the crime of intentional homicide that occurs between relatives and is promised by the victim is less harmful to society, and the spirit of leniency should be reflected in the handling of the crime.
In this case, Rong Yang was completely forced by life to buy pesticides and provide pesticides to her mother Lu Yanlan according to her wishes.
When the defendant Rong Yang committed the crime, he only handed the pesticide to Lu Yanlan, and Lu Yanlan decided whether to drink it, but did not use the method of forcibly pouring the medicine. Although his actions caused Lu Yanlan's death, they also helped Lu Yanlan realize her desire to relieve her illness and suffering, so the defendant's homicide was less harmful to society.
Second, Rongyang's subjective malice and personal danger are small.
The defendant's subjective malice and personal dangerousness are mainly reflected through the motive for the crime, the means of the crime, the circumstances of the crime, and whether he has a criminal record.
Where the motives are despicable, the methods are cruel, the circumstances are heinous, and there are bad criminal records, the subjective malice and personal danger are often greater. For those acts in which the motive for the crime is highly excusable and the public generally gives moral sympathy and understanding, the subjective malice and personal danger of the offender are usually smaller.
In this case, the victim Lu Yanlan suffered from illness for a long time, and repeatedly had suicidal thoughts and asked her son Rongyang to help her commit suicide. Lu Yanlan had two children together, but she had been living with the defendant Rong Yang, and was only cared for and treated by Rong Yang.
In particular, for more than 20 years since Lu Yanlan suffered from a stroke or other illness that made her basically unable to take care of herself, the defendant Rongyang has always taken good care of her, and it was only at Lu Yanlan's repeated requests that she complied with Lu Yanlan's request to relieve the pain of her illness, which is pitiful. In the eyes of relatives, friends and neighbors, the defendant Rongyang is a 'dutiful son'.
Moreover, after the defendant Rong Yang was brought into the case, he truthfully confessed his crime and had a good attitude in admitting his guilt.
It can be seen from this that the defendant Rong Yang's subjective malice and personal danger are not great, and it should be determined that Rong Yang's conduct is a 'relatively minor circumstance' in the crime of intentional homicide.
The village where the defendant lived belonged to a small village in the remote mountainous area below the hundred-year-old impoverished county, and the living conditions were already not good, and every year in order to feed themselves, the people in the village had done their best, and after the defendant's mother fell ill, the living conditions of the Rong family plummeted, and the victim chose to commit suicide under the double torture of life and illness.
It is easy to judge a person's behavior from the moral high ground, but if you think about it empathically, how many people can take care of their mother for more than 20 years like the defendant.
To sum up, the defender believes that defendant Rong Yang's conduct falls under the relatively minor circumstances provided for in article 232 of the Criminal Law, and earnestly requests the collegial panel to give the defendant a lenient punishment. After Du Yong finished his defense opinions, he felt very heavy.