Lawyer's character

"It seems that it shouldn't be the case now, because if it is a death penalty case, it should be heard by the Intermediate People's Court, not the District Court. The maximum possibility is a prison sentence.

If you can get a letter of understanding from the victim's family, the court will most likely reduce Chen Qingqing's punishment. After all, the victim is also at fault. "Fang Yi said.

"Okay, I understand. I'm going to find Xu Wannian's wife now." Chen Daxing nodded.

When Fang Yi got off work in the evening, Fang Yi was clearing away the case files on his desk when a lawyer named Zhou from the team case negotiation team came over.

"Hello, Lawyer Fang. I am Zhou Zhiqiang, the lawyer who negotiated the case. I was the one who negotiated Chen Qingqing's case. I would like to ask you for advice." Lawyer Zhou wears a pair of black-rimmed eyes. He is about fifty years old and has a very sincere attitude. , doesn’t look like he’s looking for trouble.

"Hello, you're welcome. I just have nothing to do. Just tell me." Fang Yi saw that the colleagues around him had almost left. There were several lawyers in the distance who were busy typing. Talking about the case at the workstation should not hinder others. After working, he pulled up a chair and motioned for Lawyer Zhou to sit down and chat.

After sitting down, Lawyer Zhou said: "Chen Qingqing's father came to me today and told me that you can only provide his daughter with a misdemeanor defense and cannot provide a not guilty defense, which is different from what I said at the beginning. So I came here to understand Let me discuss the case with you."

Seeing that the other party was keeping such a low profile, Fang Yi couldn't handle it. After all, we were all on the same team, so he said: "After I took over this case, I went to the detention center to meet Chen Qingqing and read the file. This case is indeed not good. So that she can defend her innocence."

"Lawyer Fang, you see, the defendant Chen Qingqing did not commit the assassination. The victim leaned towards the tip of the knife and was stabbed. Can't it be regarded as self-mutilation or even suicide? Can the victim's promise be used to exonerate Chen Qingqing? I I just want to discuss the case with you and have no other intentions." Lawyer Zhou said with a sincere face.

Generally speaking, lawyers hate it when other people criticize the cases they handle. Of course, inviting others to discuss the case is another matter. Lawyer Zhou was afraid that Fang Yi would mistakenly think that he was going to intervene in the case. In fact, he just wanted to figure it out. Where is the error in my judgment?

"There is a Roman law proverb: 'An act that obtains a promise is not illegal.' To put it bluntly, if the perpetrator obtains the victim's promise and infringes upon the abandoned legal interest, it is not infringing upon the legal interest, so the victim's consent can prevent it. The perpetrator’s wrongdoing.

In legal theory, the victim voluntarily gives up his or her legal interests and requests or allows others to infringe upon his or her legal interests. The law should respect the victim's self-determination and there is no need to protect the abandoned legal interests. "Fang Yi said.

"Yes, I understand this. I judge the case based on this theory." Lawyer Zhou nodded.

Although he is not a major, he has kept pace with the times since he became a lawyer. He has bought and read many books, so he also knows the theories mentioned by Fang Yi, but they are not systematic and they are all self-taught. Because the lawyer has many years of experience and rich practical experience, he can solve most problems based on his experience.

In fact, it is very good for a lawyer who has been working in law all his life to be proficient in one or two laws. He can support his family and even make a lot of money. It’s impossible to be proficient in everything, and lawyers don’t have that experience.

The current situation of most lawyers is that they know everything you ask, but are not good at any one. They are also commonly known as snake oil lawyers. (Actually, this cannot be blamed on the lawyers. Because of the source of the case, many lawyers do not have the opportunity to specialize and come out to fool around. The problem of food and clothing must be solved first), coupled with bad luck, you may have to dangle between subsistence and well-off life for the rest of your life.

“However, in terms of the promiser’s power to dispose of, whether in practice or theory, it is generally believed that the victim has certain rights to freely dispose of the legal interests of body and health, but has no right to dispose of the legal interests of life, that is, the victim’s commitment to the legal interests of his life invalid.

In other words, even if Chen Qingqing obtained the victim Xu Wannian's promise to infringe on his life and legal rights, it could not stop the illegality of his behavior.

This is also the legal basis for the legal theory that if one of the parties is entrusted to kill the other party first and then fails to commit suicide in a suicide pact, he should be punished as intentional homicide. "Fang Yi explained.

When facing Chen Daxing before, Fang Yi didn't dare to speak too theoretically because the client couldn't understand. But now when facing Lawyer Zhou, he doesn't have to worry about it at all.

"I think this case is consistent with the victim's own risk." Fang Yi continued.

"The victim put himself at risk? What do you say?" Lawyer Zhou looked at Fang Yi.

Although Fang Yi is younger than him, Fang Yi's knowledge and local reputation are definitely ahead of Lawyer Zhou, but Fang Yi is not aware of this yet.

“Theoretically speaking, the risk of self-entrapment by victims generally manifests itself in three situations:

1. The victim puts himself at risk. To put it bluntly, the danger comes from the victim himself and is caused by the victim himself. Although the victim knows that his behavior will harm himself, he still carries out the behavior, thus causing harm to himself. Such as suicidal behavior.

2. The victim leads the dangerous behavior. The victim takes the lead in the occurrence of danger, but there is a causal relationship in criminal law between the perpetrator's behavior and the victim's infringement results, such as the suicide appointment just mentioned.

3. Others lead dangerous behaviors. The danger comes from the perpetrator (others), and the victim recognizes or agrees to the dangerous behavior, but rejects the harmful consequences. Just like this case.

Therefore, I believe that the victim knew that the defendant Chen Qingqing was holding a knife and posed a threat to him. In this dangerous state, the victim still approached Chen Qingqing. Obviously, the victim knew the danger but was still willing to take risks.

But even so, the victim's behavior cannot be regarded as an effective commitment to give up his life, that is, it cannot be regarded as his self-mutilation, self-injury, or death.

In this case, when the victim put himself at risk, I think the victim still had a gullible attitude towards the harmful consequences and could avoid them. At least in this case, there is no evidence to prove the fact that the victim harmed himself, harmed himself, or committed suicide. Therefore, I cannot plead not guilty for the defendant Chen Qingqing, but can only plead guilty to a lesser crime. "Fang Yi explained.

"Well, I understand. Thank you, Lawyer Fang. I'll buy you a drink when you have time." Lawyer Zhou smiled.

It is normal for different lawyers to have different opinions on the same legal issues. Take this case as an example. Even the judges of the court may have different opinions. This may be related to a person’s experience and learning experience. related.

After lawyer Zhou left, Fang Yi picked up his bag and prepared to go back to his residence. When he passed by the paralegal's workstation, he saw that Zhou Ying was still busy and said, "Xiao Zhou hasn't left yet!"

"No, there will be five lawyers coming over tomorrow morning to get the lawsuit procedures. Xiaotian and I will prepare them for them. Lawyer Fang, are you working overtime again?" Zhou Ying said with a tired look.