Chapter 1080: This Misunderstanding Is Good!
"Back then, I once handled a case where the victim was a blind boy of more than three years old with congenital heart disease, and his father took him to the river and ran away secretly, causing the blind boy to fall into the river and drown, and when he fell into the river, his father stood on the bank not far away and watched......
The defendant told me that he saw the child struggling in the river and heard the child shouting, 'Daddy, help!' Heartbreaking, like glass slag.
He bit off a piece of flesh from his lip, and tears flowed like a river, but he still didn't move, he had borrowed all the money he could, and there was really nothing he could do. Meng Guangda took a deep puff of his cigarette, then vigorously extinguished the cigarette in the glass ashtray and sorted out his emotions.
"Legally speaking, he should have subjectively foreseen the possibility of the blind boy falling into the river and drowning, but he ignored it, and it can be determined that he subjectively had the intention to allow or even pursue the blind child's death, and the court finally sentenced him for intentional homicide.
To sum up, the key point to distinguish between the crime of desertion and the crime of intentional homicide by abandonment is whether the defendant considered and gave the victim the opportunity to obtain assistance when committing the act of abandonment. If so, a conviction for the crime of desertion can be made; Otherwise, it should be convicted of intentional homicide.
In this case, the defendants Chi Yunfa and Qi Renxia learned that their newborn daughter was seriously ill, and not only did they refuse to treat her, but ruthlessly abandoned them, first abandoning them in the fields near the hospital, and then taking their daughters to the mountains and forests to abandon them for fear that passers-by would find and rescue them. It can be seen that the subjective intention of the two defendants to be unwilling to let their daughter be rescued and hoping for her to die is very obvious.
Therefore, I believe that the present case should be characterized as intentional homicide. Since the second defendant's daughter was promptly discovered and rescued by the public, the second defendant attempted intentional homicide, and the punishment may be mitigated or commuted by comparison with the completed offense.
If, after being brought into the case, the two defendants have a good attitude in admitting guilt and show remorse, the court may commute the punishment of the two defendants in accordance with law. Meng Guangda said very carefully.
Geng Zhen listened and took notes, the lawyers of other teams will not analyze the case so thoroughly, they will always hang up on their own affairs, even if they discuss the case, they will only say a few words lightly, no one wants to waste so much time and brain cells discussing other people's cases.
The reason why Meng Guangda did this is because Fang Yi did it before, and he also asked for it when discussing the case at the regular meeting on Friday, and after a long time, the lawyers in the team naturally learned from each other, and slowly the lawyers formed a habit.
This habit in the team is very beneficial to the growth of young lawyers, so the professional ability of lawyers in Fang Yi's team will be so strong. This is all formed imperceptibly.
"Well, I see. Thank you, Mr. Meng. Geng Zhen recalled Meng Guangda's explanation just now.
"If you don't dislike it, let's call it Da Ge, everyone calls me that, it's all a team, and Lawyer Meng seems to be angry." Meng Guangda smiled.
……
On Wednesday, Fang Yi was busy reading the newly issued documents in the office, and Song Hui walked in with a smile on his face.
"Lawyer Fang, the Supreme People's Court has a result of the case we discussed last time that endangered public safety by dangerous means." Song Hui shook the EMS express in his hand.
"Oh?! How is it judged? Fang Yi looked at him curiously, wanting to verify whether the results of the team's discussion were correct.
"The Supreme People's Court adopted our defense opinion, and in view of the fact that the defendant Gong Da committed the criminal act for the purpose of committing suicide, which was subjectively indirect and intentional, and based on the specific circumstances of the case, the Supreme People's Court held that Gong Da could not be sentenced to death and immediately executed.
Finally, the Supreme People's Court ruled not to approve and revoke the provincial high court's criminal ruling that the defendant Gong Da was sentenced to death and deprived of political rights for life for the crime of endangering public safety by dangerous means, and remanded to the provincial high court for a new trial. With that, Song Hui handed the verdict to Fang Yi.
He did not say that the Supreme People's Court adopted "his" defense opinion, but said that it adopted "our" defense opinion because this case was a defense opinion collectively discussed and formulated by the team, and it was not the credit of his Lao Song alone, which can also be seen that Lao Song is very loyal.
"Well, you show the verdict to everyone, especially the new lawyers, so that everyone is happy." Fang Yi's purpose in doing this is very clear, which is to let the new lawyer increase confidence in the team, trust the team, and be proud of the team.
"Okay, I've already called the defendant's family, and they agreed to continue to entrust us with this case." Song Hui was excited. He wasn't excited because he had earned legal fees, he was happy because he was desperate.
"Well, this case is remanded for retrial, basically the defendant can't die, but the court will not give a light sentence, and it is estimated that there may be a suspended death sentence." Fang Yi thought for a while.
"In the afternoon, the parties will come to the office to sign the entrustment, and I will make it clear to them." Song Hui replied.
As Fang Yi expected, a month later, the Provincial High People's Court sentenced the defendant Gong Da to death with a two-year reprieve, and deprived him of his political rights for life. At this point, the case that has been tossed for more than a year is finally closed.
Because this case has a certain degree of popularity on the Internet, after the verdict came out, Song Hui's name also entered the public eye, and netizens with good things began to dig up Song Hui's old background, and everyone saw the shadow of Fang Yi's team again. The public suddenly had a feeling that the major criminal cases in this province had been contracted by Fang Yi's team!
Sidley Law Firm will definitely not stand up and explain, and Fang Yi's team will not come forward to explain, go your own way, let everyone say it, anyway, there is no harm to yourself, this kind of misunderstanding is very good!
……
In the evening, outside the barbecue restaurant, Dabao wore a newly bought down jacket, moved his body like a gas canister, and walked quickly towards the door of the barbecue restaurant.
Just as he was about to enter the door, his phone rang.
"Third brother, what's wrong?" Dabao stood outside the barbecue restaurant and asked, holding up his mobile phone.
"Dabao, I remember that you and I had a good time, there is a buddy who works as a lawyer at Sidley Law Firm, named Yu Wendong, is it true?" A man's voice came from the phone.
"yes, it can be fake. I work with Fang Yi's team at Sidley Austin, where my brother Yu Wendong works as a lawyer.
Third brother, do you want to introduce the case to my brother? Dabao's tone was heroic.
"You help me make an appointment with my brother, I have something urgent to consult him, I must be fast." The other party's tone was more anxious.
"What's so urgent? Third brother, it's not that brothers don't fight justice, this big night's ......, consulting a lawyer has to be paid. "Dabao has a lot of potential to be a businessman.
"How much?" The other party asked impatiently.
(End of chapter)