Lawyer's character

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

“Regarding the defense opinions of the defender, the prosecutor’s opinions are as follows:

Even if the defendant Zhuang Wenjing scratched Zhou Tao with a knife, it was to prevent Zhou Tao from beating Xue Hong, which constituted legitimate defense. However, the victim Deng Gang never took action. He did not beat or drag Xue Hong, nor did he harm other female employees in the dormitory.

The reason why Deng Gang threw the dumbbell at the defendant Zhuang Wenjing was because he saw that the defendant Zhuang Wenjing had a knife in his hand and had already scratched Zhou Tao, posing a threat to him.

The essence of the victim Deng Gang's behavior of throwing dumbbells was to stop the fight between Zhou Tao and Zhuang Wenjing, so as to prevent the defendant Zhuang Wenjing from causing greater harm to Zhou Tao.

It can be seen that the defendant Zhuang Wenjing's stabbing of the victim Deng Gang to death clearly exceeded the necessary limit and resulted in the death of the victim. The defendant Zhuang Wenjing constituted the crime of intentional injury and should bear criminal responsibility. complete. "The prosecutor said.

“The defender can respond to the prosecutor’s opinions,” the presiding judge said.

“Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

Deng Gang's behavior of lifting a three-pound dumbbell to hit Zhuang Wenjing should not be interpreted as an attempt to stop the fight between Zhou Tao and Zhuang Wenjing.

Because after entering the female employees' dormitory, although Deng Gang did not commit any violence against the female employees in the dormitory, Deng Gang followed his previous conspiracy with Zhou Tao and broke into the female employees' dormitory with him in the middle of the night. Deng Gang was not a bystander, let alone a person trying to stop the fight, but a co-infringer who participated in the illegal infringement. Deng Gang raised the dumbbell to hit Zhuang Wenjing, which was a continued infliction of harm to Zhuang Wenjing.

When the defendant Zhuang Wenjing faced Deng Gang's threat of continued harm, he stabbed him with a knife in order to avoid suffering more serious violence.

Therefore, Zhuang Wenjing's defensive behavior was legitimate regardless of the person he was defending, the purpose of defense, the object of defense, or the time of defense. Since Zhuang Wenjing acted in defense against a violent act that seriously endangers personal safety, although the result that caused Deng Gang's death was within the limits permitted by Article 20, Paragraph 3 of the Criminal Law, it was not considered excessive defense and was not legally allowed. Should be held criminally responsible. complete. "Fang Yi said.

…

After the trial ended, the court adjourned for ten minutes and the collegial panel left the court.

At this time, there were two waves of people in the auditorium. Under the watchful eye of the bailiff, no one dared to go beyond the threshold. Fang Yi's heart was also beating. He didn't know how the presiding judge would sentence him. If he was found guilty, he would feel guilty. He will definitely not accept it. If he is found not guilty, he will have to watch out for the victim's family members to avoid being beaten. Hey! Love it as much as you like!

…

"... This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

…The defense reasons and opinions of the defendant Zhuang Wenjing and his defender that the defendant’s actions were self-defense and that he was neither criminally responsible nor civilly liable for compensation were in compliance with the law and should be adopted.

The indictment accuses Zhuang Wenjing of killing Deng Gang with a knife. The facts are clear and the evidence is indeed sufficient, but the charges cannot be established. In accordance with the provisions of Article 162 (2) of the Criminal Procedure Law of the People's Republic of China and Article 128 of the General Principles of the Civil Law of the People's Republic of China, the verdict is as follows:

1. The defendant Zhuang Wenjing is not guilty.

2. The defendant Zhuang Wenjing does not bear civil liability for compensation. "The presiding judge pronounced the verdict.

The moment they heard the verdict, the auditorium was polarized. Liu Min, Zhuang Wenhai and others were happy, while Deng Gang's family was filled with indignation and clamored for an appeal.

The prosecutor opposite Fang Yi looked ugly. He seemed to be dissatisfied with the verdict and would most likely appeal.

After the sentencing, Zhuang Wenjing was no longer detained. Although the Deng family members were dissatisfied, they did not want to be too arrogant in the court. After shouting a few words, they left.

"Lawyer Fang, thank you!" Zhuang Wenjing bowed to Fang Yi with tears in her eyes.

From the recommendation of fifteen years' imprisonment to her acquittal, Zhuang Wenjing's mood was like a roller coaster, with ups and downs. Her gratitude to Fang Yi was sincere and from the bottom of her heart.

"It's okay, don't cry. Everything is over. You did the right thing. Adjust your mentality. There is still a long road ahead." Fang Yi comforted her.

At this time, Xue Hong came over and hugged Zhuang Wenjing, and the two cried with joy.

The court session started at nine in the morning and lasted until after two in the afternoon. The continuous session was a great test for the physical fitness of the judges, prosecutors and lawyers. Even everyone in the auditorium secretly complained.

Now that Zhuang Wenjing was acquitted, Fang Yi felt relieved and immediately felt light-headed. He held on to the table for support. It took him a while to recover. This was a sign of excessive physical and mental exertion.

Everyone gathered around Fang Yi and Zhou Ying and went back to the villa to celebrate. Because everyone was happy that day, they toasted to Fang Yi frequently until the evening. Fang Yi's tongue was so big from drinking that he had to live in the villa. Zhou Ying called the institute to report that she was safe.

For the safety of lawyers, Wanhua United Law Firm has an unwritten rule that if the team's lawyers are not handling cases in the city and cannot return on the same day, they need to report their whereabouts to the team. Commission attorneys who work alone need to report to the firm just in case.

In reality, some people come to hotels in the middle of the night to arrest lawyers, some make threatening phone calls, and some are planning to frame lawyers, especially in certain high-risk areas (I won’t name names here). It was previously reported that a criminal lawyer changed hotels twice in one night just to avoid possible risks.

Early the next morning, after Fang Yi and Zhou Ying had breakfast in the restaurant, Fang Yi was invited to the office by Liu Min.

"Lawyer Fang, you also saw what happened yesterday. Do you think the other party will appeal?" Liu Min asked. She didn't dare to tell her cousin Zhuang Wenjing about this, for fear of making her anxious.

"Judging from the current situation, the procuratorate is very likely to appeal. You are in this city and we are far away. You can pay attention. After the verdict is handed down, we will also ask the judge." Fang Yi thought for a while. He drank a little too much yesterday, and now his head is still swollen.

"Lawyer Fang, that's what I think. Take precautions. Do you think that in case the other party appeals, should we also appeal?" Liu Min said.

"Why should we appeal? The Intermediate Court has already found your cousin not guilty. There is no reason for us to appeal!" Fang Yi looked at her and said.

"Well, that's what you said. Then we will respond to the lawsuit. If the procuratorate protests, I will still have to find you. If I continue to entrust you to handle my cousin's case, how much will the lawyer's fees cost?" Liu Min said.

"The legal fees for the first trial are 150,000 yuan, and for the second trial, you can pay 80,000 yuan." Fang Yi said.