Lawyer's character

Li Xibin's brother, Mr. Li of the Guangyao Group, found out about the situation and felt that his brother was responsible for the incident. The two old employees in the security department were both from his own village. Regardless of whether it was inappropriate, he found a lawyer for the three of them. In fact, it was mainly for his younger brother. The other two were just for others to see.

After trial, the Intermediate People's Court of the neighboring province held that the defendants Li Xibin, Zou Yu, and Tian Yi illegally kidnapped others and caused their death in order to collect debts, and their actions constituted the crime of kidnapping. In accordance with Article 239, paragraph 1, Article 57, paragraph 1, Article 25, paragraph 1, Article 26, paragraph 1 and Article 27 of the Criminal Law of the People's Republic of China stipulations and judgments:

1. The defendant Li Xibin was convicted of kidnapping and sentenced to death and deprived of political rights for life;

2. The defendant Zou Yu committed the crime of kidnapping and was sentenced to death and deprived of political rights for life;

3. Defendant Tian Yi committed the crime of kidnapping and was sentenced to life imprisonment and deprived of political rights for life.

After the Intermediate People's Court announced the verdict, the defendants Li Xibin, Zou Yu, and Tian Yi refused to accept the verdict and appealed on the grounds that the first-instance court's determination was inaccurate and the sentence was abnormally heavy. The previous defense attorney drafted an appeal brief for the three and submitted it.

"Li Xibin, who gave the hibernation injection when Zhao Dongtian was kidnapped?" Fang Yi asked.

"Zou Yu did it. This was all discussed before." Li Xibin said.

"What is the cellar behind the parking lot used for?" Fang Yi asked.

"It is mainly used to store cabbage, radish and potatoes in autumn. It is a vegetable cellar with an iron door on top that can be locked." Li Xibin said.

"How is the ventilation in the vegetable cellar?" Fang Yi asked.

"Ventilation...it's okay. There is an iron pipe as thick as a fist that leads to the ground." Li Xibin hesitated and said.

Two days later, in Fang Yi's office at Wanhua United Law Firm, Lao Song, Wang Yong, and two trainee lawyers were drinking tea and discussing the case.

"My understanding of the case is basically consistent with what you have learned. I feel that the charges determined by the court of first instance in this case are not accurate enough. This case should be convicted and sentenced according to the crime of illegal detention." Lao Song sat on the sofa, holding a notebook, and said.

"I also think there is something wrong with the charges imposed by the court of first instance. In this case, Li Xibin and three other defendants illegally restricted Zhao Dongtian's personal freedom in order to collect legitimate debts. This is indeed illegal detention, not kidnapping.

However, the defendant forcibly injected the victim with hibernating spirit (hibernation injection), causing his death. The behavior of the three defendants was also suspected of using violence during illegal detention to cause death.

I can't say whether the collegial panel of the second instance court will think so, but I think we need to prepare to prevent the court from handling this case as intentional homicide. Wang Yong thought for a while and said.

"Well, I also agree with Lawyer Song's opinion. Our defense direction is the same. As for what Lawyer Wang said about 'the use of violence during illegal detention to cause death,' I think we need to discuss it. Old Song, what do you think?" Fang Yi said.

Since Wang Yong tactfully put forward the opinion that "violence is used in illegal detention to cause death," Fang Yi felt that Lawyer Wang must think so. Even if he didn't think so, there was still a tendency in this regard. The current situation is two-to-one. First, Lao Song and himself both agreed to defend themselves according to the crime of illegal detention, while Wang Yong believed that there was room for the case to be converted into the crime of intentional homicide.

Therefore, Fang Yi felt that it was necessary to discuss it. Otherwise, if the three defenders had different opinions in court, the effectiveness of the defense would be compromised to some extent. It also doesn’t make the person involved feel good.

“I don’t think there is room for conversion into intentional homicide in this case.

According to Article 238 of the Criminal Law, anyone who illegally detains others or illegally deprives others of their personal freedom by other methods, resulting in serious injury or death, shall still be punished as illegal detention. Anyone who uses violence to cause injury, disability or death during illegal detention shall be convicted and punished according to the crime of intentional injury or intentional homicide.

It can be seen from the above regulations that the consequences of victim casualties during illegal detention will be dealt with in two situations. One is 'causing serious injury or death', which will still be convicted and punished according to the crime of illegal detention; the second is 'using violence to cause death'. Disability, death', converted into the crime of intentional injury and intentional homicide.

Both situations have the result of serious injury or death, but the latter emphasizes the use of violence, and the result of serious injury or death is directly caused by the violent act, that is, there is a criminal law difference between the violent act and the result of serious injury or death. causal relationship.

If during illegal detention, the perpetrator did not use violence to cause disability or death, or although a certain amount of violence was committed, there is no criminal law causal relationship between the violence and the victim's disability or death. It is not 'the use of violence causing injury or death', but illegal detention 'causing serious injury or death'. In this case, when it comes to determining the crime, it can only be charged with illegal detention, but cannot be converted into the crime of intentional injury or intentional homicide.

In this case, in order to successfully transport the victim Zhao Dongtian to his destination, Li Xibin and the others forcibly injected the victim with ‘hibernation spirit’ many times to cause him to fall asleep. Although the method of injecting ‘hibernating spirit’ to make people sleepy and unable to resist has a certain ‘violent’ nature, it is different from typical forms of violence such as beating and binding.

According to the expert appraisal conclusion in the case file, the hibernation spirit injected into the victim by Li Xibin and the others was not enough to cause the victim's death. The victim's death was the result of various comprehensive factors, including drug reaction, the victim's water-salt electrolyte disorder, hypoglycemia, Factors such as lack of oxygen in the vegetable cellar.

In other words, even if the act of Li Xibin and the others forcibly injecting ‘Hibernating Spirit’ into the victim was considered a ‘violent act’, there is no evidence to prove that the victim ‘used violence to cause death’. Therefore, I think this case should be classified as illegal detention. "Lawyer Song said.

"Well, I agree with Lawyer Song.

The defendant Li Xibin and other three persons in this case forcibly injected the victim Zhao Dongtian with ‘hibernating spirit’. Their purpose was to recover legal debts, not to deprive the victim Zhao Dongtian of his life, nor did they intentionally or allow the victim to die.

However, while the victim Zhao Dongtian was illegally detained, Li Xibin and the other three forcibly injected the victim with hibernating spirit many times. Although the three of them had no professional medical knowledge, as normal people, based on common sense in life, they should also be aware that their actions may cause harm to the victim. Affecting the physical health of the victim Zhao Dongtian.

I think Li Xibin and the other two men forcibly used the 'Hibernation Spirit' in order to recover legal debts and prevent the victim from resisting, ignoring the potential harm that might occur, which ultimately led to the death of the victim Zhao Dongtian. His behavior conforms to the characteristics of "negligence causing death".

Therefore, I believe that this case should be classified as illegal detention. According to Article 238 of the Criminal Law, Li Xibin and the other three may be sentenced to more than ten years in prison. "Fang Yi said.