Lawyer's character

"Being fat first doesn't mean you are fat, but getting fat later will overwhelm you!" Fang Yi said with a smile.

"Well, it's impossible for me to gain weight first, but I can still expect to gain weight later. I will definitely eat more!" Fang Anzhi looked down at his figure and said.

"Haha, little bastard, you are joking with your dad." Fang Yi reached out and rubbed Fang Anzhi's hair: "Don't be nervous during the exam, just perform normally. I'll treat you to a feast after the exam."

After Fang Yi walked out of the small bedroom, he chatted with his father for a while, then went to the study room to chat with Yun Mei on his cell phone.

…

Early the next morning, Fang Yi's team was busy, and Xie Youhe transferred another criminal case to them. Since Zhou Ying had taken on many cases in the early stage and was in a period of fatigue, the new case was given to Du Yong.

"Lawyer Du, how was the discussion about the case transferred by Lao Xie?" Mr. Wu rarely paid attention to the team's business.

"Don't mention it, it's a case of human trafficking, and the victim is also a weirdo." Yun Qiao, who was following Du Yong, took over the conversation with a speechless look on his face.

"When you come into contact with more criminal cases, you will understand that society is complex and human nature is always beyond your imagination. What we are exposed to is the ugliest and most real side of society. So you must be mentally prepared." Du Yong looked at Yun Qiao with a smile.

Du Yong had been joining the team for a few days, and he suddenly felt that this team was actually quite interesting. Zhou Ying always complained about the number of cases, but in fact she was more active than anyone else in her work.

Yun Qiao is a smart little guy who doesn't know what he is thinking all day long, but he is never vague about his work and has a solid theoretical foundation.

Boss Fang is always busy. Unless the client appoints him to handle the case, he will allocate the fees among the three people regardless of the level. He will not be picky or hold on to the fat work. He will do things fairly.

Wu Qinghui, a non-staff member, is the only great person in the team. He follows Zhou Ying all day long, acting as a driver and assistant. Although he tries very hard to ask Zhou Ying about the content of the exam, it doesn't look like he is going to take it. He looked like he was taking an exam because he lacked a sense of energy and courage to move forward.

On this day, Fang Yi received a notice from the court that the Mi Jiahong tax evasion case would be heard in five days. In the afternoon, Du Yong walked into the office with the case file.

"Lawyer Fang, is it convenient for you?" Du Yong was very polite. This was the first time he came to the office to ask Fang Yi for advice, and it was also the first time he discussed the case with Fang Yi alone. He was not sure about Fang Yi's temper, so he acted Very cautious.

"It's convenient, what's the matter?" Fang Yi looked at Du Yong, smiled and said, "Sit down and talk."

As the words fell, Fang Yi stood up and came to the sofa and sat down.

"Lawyer Fang, Lawyer Xie has forwarded a case, which is a case of abduction and trafficking of women. This case is a bit special, and I am a little unsure. I would like to ask you for advice." Du Yong said.

"Don't say the word 'asking for advice'. Let's discuss it together. You first talk about the case." Fang Yi said with a smile.

"The approximate facts of the case are this. In August last year, a woman in her fifties named Zhuang Liqin abducted Tian Jiafeng and Cao Wanying, women from the village below who came to the county to look for work, at the county long-distance station on the pretext of introducing jobs. Luo Sijun's family.

Later, Luo Sijun coerced the young and pretty Cao Wanying and sold her to a man in his thirties from a nearby mountain as his wife.

When Luo Sijun was about to sell Tian Jiafeng, who was in his thirties, to an old bachelor in his fifties as his wife, Tian Jiafeng cried and made trouble and refused to do anything, and even threatened her with death. Seeing Tian Jiafeng's behavior, the old bachelor gave up. The plan to buy Tian Jiafeng.

Afterwards, Luo Sijun found Tong Zhonglai, the defendant in this case, and agreed to sell Tian Jiafeng to him as a concubine for RMB 1,500, and allowed Tong Zhonglai to pay in installments.

Tong Zhonglai had only gone to school for a few days. His home was in a mountain with few families around him. He didn't take the matter seriously at all, so he forcibly took Tian Jiafeng home.

When Tong Zhong's daughter-in-law saw that her husband had brought back a girl who wanted to be his wife, she immediately went crazy and scratched Tong Zhong, strongly objecting to it.

Later, after questioning, Tong Zhonglai's daughter-in-law learned that Tian Jiafeng had been married for more than six years and had a son. She grabbed Tong Zhonglai's ear and told him that there were two ways, either to send Tian Jiafeng home or to return her to Luo Sijun. Anyway, he is not allowed to raise a little wife at home.

When Tong Zhong came to send Tian Jiafeng back to his hometown, the latter unexpectedly refused and asked Tong Zhonglai to sell himself to others.

It turned out that after Cao Wanying, who came out to look for work with her, was abducted, Tian Jiafeng was afraid that she would not be able to explain to Cao Wanying's family when she went home alone, so she did not dare to go home. But if Tong Zhong sent her back to Luo Sijun's house, she would definitely be beaten severely. Therefore, she asked Tong Zhong to sell her to someone else.

A few days later, Tong Zhonglai sold Tian Jiafeng to a bachelor in his forties from the next village for a price of RMB 1,600.

Later, the crime occurred and Tian Jiafeng and Cao Wanying were rescued. The public prosecution agency prosecuted Tong Zhonglai to the Intermediate People's Court for the crime of abducting women. Tong Zhonglai’s wife felt that her man had been wronged, so she came to our law firm for a commission. "After Du Yong finished speaking, he looked at Fang Yi.

"Well, what do you think?" Fang Yi asked after listening.

"I checked the information.

Judging from the facts of this case, the behavior of the defendant Tong Zhonglai can actually be divided into two parts: in the first part, he bought the trafficked woman Tian Jiafeng; in the second part, after buying the trafficked woman, he sold the trafficked woman. women.

According to the provisions of Paragraph 5 of Article 241 of the Criminal Law, anyone who buys a trafficked woman and then sells it shall be punished as one crime of trafficking in women, instead of being punished for several crimes together.

In other words, the defendant Tong Zhonglai's behavior of buying trafficked women should be absorbed by his behavior of selling the trafficked women he bought. Therefore, I believe that the defendant Tong Zhonglai in this case should be convicted and punished for the crime of trafficking in women.

However, this case has certain special characteristics. After the defendant Tong Zhong came to buy the trafficked woman Tian Jiafeng, he once expressed his willingness to send her home. After being rescued, Tian Jiafeng also confirmed that the defendant did say such things and really meant it. Send her home.

Only later, when Tian Jiafeng did not agree, did the defendant resell it to others at Tian Jiafeng's request. I think this involves behavior promised or requested by the victim, which means that the defendant's behavior of reselling the victim is based on the victim Tian Jiafeng's voluntary damaging behavior.

I'm a little unsure now. Can the victim's voluntary damaging behavior, like emergency avoidance and self-defense, exclude social harm and become the reason why the defendant does not commit a crime? "Du Yong's eyes were a little confused.