Chapter 37: Lesson 4: Improvisation
Northern capital.
Su Bai and Li Xuezhen walked out of the high-speed rail station, took a taxi, and came directly to the Beijing University of Political Science and Law that they had made an appointment with Luo Daxiang.
Inside the office of a professor of law.
Luo Daxiang took care of Su Bai enthusiastically.
"Hello, Lawyer Su."
"Hello, Mr. Luo."
Su Bai also responded enthusiastically.
Luo Daxiang is not only a legal critic, but also a senior law professor who has made achievements in the field of criminal law and is a gentle person.
Inside the office.
Luo Daxiang sat on the office chair, facing Su Bai's sofa, and Li Xuezhen sat on Su Bai's right.
"Lawyer Su, I asked you Baijun Law Firm to come over for this public prosecution, mainly because I couldn't personally participate in the trial, and some of the top criminal law lawyers I knew were unwilling to take over this public prosecution case."
"After all, it's a death penalty case... Although it can increase their own popularity and the reputation of the law firm, these top criminal law lawyers themselves are not lacking in fame and popularity, and it is very good to see your two trials, so I tried to contact your law firm. ”
Su Bai smiled: "The reason is not important, the important thing is that I agreed to take on this case." ”
"Since it has been undertaken, then it is necessary to be responsible for the parties."
"I have a general understanding of the case, but I need to further communicate with the parents and the parties."
Luo Daxiang smiled and nodded: "The other party in this public prosecution case is a well-known public prosecution lawyer in the northern capital, and Lawyer Su doesn't want to continue to talk to me?" ”
"Teacher Luo can give me a pointer, of course he is willing."
Every criminal law lawyer has a different perspective.
Sometimes, different proposals have different angles to the law, which is very important in the trial debate.
As a top criminal law lawyer, Su Bai is certainly willing to listen to his entry point and angle.
Luo Daxiang nodded slightly and continued to speak:
"I paid attention to this case in the first instance and had some involvement with me."
“.....”
Luo Daxiang retold the case again.
The case is a young college student who is in conflict with two aggressive members of society.
Under the attack of the other side.
In the shopping mall, he used the knife in his hand to kill the other two people.
In a hurry, he ran away.
The last point is also the most critical and important!
Run!
Killing people and running away, this subjective behavior is very pointed.
It has a great influence on the attitude of the presiding judge.
In the verdict of the first instance, the subjective intentional homicide, and the killing of two people in a row, was seriously harmful, and the sentence was death and deprivation of political rights for life.
The deprivation of political rights for life is often accompanied by the death penalty in cases other than in exceptional cases, so it is not very important.
Luo Daxiang talked in detail about the process of this case.
Su Bai nodded slightly.
"Mr. Luo, what do you think of this case..?"
"This case has a lot of influence on the Internet, some people say that it is excessive defense, some people say that it is intentional homicide, according to the judgment of the court of first instance, it needs to be interpreted from the perspective of legitimate defense."
Su Bai nodded.
This case does need to be approached from this perspective, but... He had other ideas.
In the public prosecution case, two people were killed in a row, resulting in the direct death of the two people involved.
Hard!
It's hard to do, he already has a general idea in his heart, and he needs to make sure of it.
At this time, Luo Daxiang continued to remind:
"The impact of this case is greater than that of the Nandu Bank case... It was the Beidu High Court that broadcast the trial live. ”
"This time the prosecution's lawyer is very powerful, the last time the defense lawyer proceeded from the two points of legitimate defense and negligence defense, it is because the prosecution's lawyer's argument was not supported by the presiding judge of the court, you have to be mentally prepared, no matter what the final result of the lawsuit is, I will introduce you to the legal resources of Nandu in the end."
The corners of Su Bai's mouth hooked slightly: "I'm not sure if this case can be judged as justified defense, but it is definitely not a death sentence." ”
For Su Bai, since he chose the next case, he has already prepared the worst judgment plan in his heart.
Whether or not you can win the case is not the key.
The key is how much you can win.
After coming out of Luo Daxiang's office, Su Bai and Li Xuezhen found a hotel and stayed in it.
In the afternoon.
I made an appointment to sign a commission contract with the parents of the parties.
At the time of the meeting.
The parents of the parties had red circles in their eyes and looked straight at Su Bai.
"Lawyer Su... My child will leave it to you..."
The two of them were about to bow down.
Su Bai hurriedly helped the two people up: "This is my responsibility as a lawyer, and I will definitely do my best to help you win this case." ”
More than ten minutes passed.
The mood of the two finally stabilized.
After signing the entrustment contract, the lawyer's fee is not much, only 20,000 yuan, and the party and the party's parents can't come up with more lawyer's fees, which Luo Daxiang said hello to Su Bai in advance.
What Su Bai values is not the lawyer's fee in this case, but Luo Daxiang's personal connections, and when the connections are good and there are more cases, the lawyer's fees will naturally be higher.
The subsequent development is far more important than the lawyer's fees for such a public prosecution case.
"Lawyer Su... Shall we go for evidence...? ”
After the parents of the person concerned left, Li Xuezhen asked.
"Evidence?"
Su Bai shook his head.
"There's no need to look for it, in the first trial, the prosecution has already found it, and the search is much more detailed than ours, we just need to deduct the details and legal provisions from the evidence that the prosecution is looking for!"
In this type of public prosecution type of death penalty case, the first-instance verdict has been completed, and where is it still used to find evidence.
Just look for it directly from the file of the first instance and you're done.
The most critical issue is to use the interpretation of legal provisions to impress judges and presiding judges.
This is one of the reasons why it is difficult to prosecute cases.
Conclusive!
"But the person still needs to meet..."
"That's... I went out to buy Huazi..? ”
"Lawyer Su, I remember the first lesson, the sophistication of human feelings... Right..? ”
Li Xuezhen's eyes are biubiu simple.
Su Bai tugged at the corners of his mouth and praised: "Yes, I remember it very clearly!" ”
"Then do you remember what the second and third lessons were..?"
Li Xuezhen was praised and smiled sweetly: "The second lesson is to do things with money, and the third lesson is that the angrier the opposing lawyer, the greater our winning rate!" ”
"Then I'll teach you the fourth lesson now: it's called depending on the situation and improvising."
"It depends, and then respond...?"
Su Bai explained: "Now this is in the northern capital, which is different from the southern capital, is this not our territory, do you understand?" Just follow the normal process, don't engage in those falsehoods. ”
Death row!
That's the key care object, is that something that can be solved by a Huazi?
Just follow the normal process.
"Oooh.. Okay Lawyer Su, I see! ”
"Lesson 4 is improvised, I remember!"
Li Xuezhen's small face was solemn and nodded seriously.
PS: Ask for a wave of investment ~ thank you!