Chapter 501 I Feel Very Unhappy
"Well, I think what you two said makes sense. In this case, the defendant dismembered the victim's body after his death. Can we infer from this that the defendant had a laissez-faire attitude toward the victim's death?" Wang Yong thought for a while. asked.
"Lawyer Fang, please analyze it." Lawyer Song smiled and kicked the ball to Fang Yi.
"Well, I don't think Li Xibin and the other three have a laissez-faire mentality when it comes to dismembering corpses.
I think it cannot be completely inferred from the subsequent behavior that the defendant had a laissez-faire (indirect intention) mentality when committing the crime. There are at least other possibilities.
Because sometimes the subsequent behavior may not be of the same nature as the previous behavior, but may have another purpose. As far as this case is concerned, the defendant Li Xibin and others dismembered the body of the debtor Zhao Dongtian after his death. Their purpose was to destroy the body and eliminate traces. The dismemberment of the body by Li Xibin and others does not necessarily prove that the previous three people had the intention to kill. From the perspective of the entire case, Look, the nature of the case should still be the crime of illegal detention.
Of course, we should also make some preparations for the two points mentioned by Lawyer Wang to prevent the judge from thinking in this regard. There’s no harm in having a few more countermeasures. "Fang Yi explained.
"Well, I agree with lawyer Fang. Then we will defend according to the crime of illegal detention." Wang Yong nodded.
He said this but in his heart he was not very convinced by Lawyer Song and Fang Yi. He felt that he was one of the best criminal defense lawyers in his original law firm. After switching to Wanke Law Team, he was able to be at the forefront technically and take the lead. Unexpectedly, he was only ranked third in this criminal case. The defendant had the least serious crime among the three defendants, and of course the legal fees were also the lowest. Lawyer Song steadily paid for himself.
According to his understanding, even if Fang Yi is a partner and the first defendant belongs to him, then the second defendant should always belong to him. It has been almost a year since he joined the team. He is dedicated to handling cases and his professional ability is better than that of Attorney Song. True to form, he was only assigned the third defendant, which made him feel very unhappy.
At the same time, he also studied Fang Yi's case and felt that he could handle the case he handled, but he was just a bit unlucky and had no chance to perform.
Now, neither Lawyer Song nor Lawyer Fang recognized the two points he raised, which made him feel a little uncomfortable. What he really thought was: Since you all said that you would defend the crime of illegal detention, then that’s up to you. Anyway, I am the defender of the third defendant. No matter how I defend my client, he will not die. It depends on how the Provincial High Court decides. The winner will be decided at that time.
After the three people discussed it, Wang Yong left Fang Yi's office.
"Old Song, I think Lawyer Wang doesn't seem to agree with our analysis." Fang Yi whispered.
"It's okay. We are discussing the case. It is normal to have different opinions. It will also help us analyze the case more deeply. You don't have to think so much." Lawyer Song said nonchalantly.
"Okay, I'm going to the detention center again before the trial. Do you want to go?" Fang Yi asked.
"Go, I'm definitely going. Let me know when Xiao Zhou meets you at the detention center later." Lawyer Song said.
"You can go back and ask Lawyer Wang if he wants to go. If he goes too, the three of us will go there together." Fang Yi said.
"He, it's quite annoying. When we chatted before, he said that he didn't need to meet the defendant anymore. I'll ask him again then. I'm going back first. There is a case that will be heard in court tomorrow and I have to prepare it." After lawyer Song said, Got up and left the office.
Looking at Lawyer Song's retreating figure, Fang Yi shook his head and said to himself: Old Song, thanks to the simpler interpersonal relationships in the law firm, there are not so many intrigues. If this were in a company, you would probably be plotted against, and there would be no scum left.
Lawyer Song is a technical lawyer. He usually does not fight or compete, but only focuses on studying laws and cases. He is neither as smooth as Huang Yuanchao, nor as eloquent as Ma Yinchao, nor as good at flattering the leader. He can stand firm in Wan Kefa's team. It all depends on one's ability. It was also thanks to Wan Kefa that he was a sensible person and treated Lawyer Song well, otherwise he would not have been able to work for long.
Soon after, Fang Yi received a hearing notice from the High Court of the neighboring province.
The day before the trial, Fang Yi and others came to a neighboring province and stayed in a hotel closest to the High Court. The next morning after everyone had breakfast, they went to the High Court.
At nine o'clock in the morning, in the fifth courtroom of the High Court, three defenders and two trainee lawyers were lined up. Fang Yi sat at the top, followed by lawyer Song, and Wang Yong sat at the end.
In the auditorium, there were family members of the victim. One of them was a woman in her thirties with a sad look on her face. She was probably the daughter-in-law of the victim Zhao Dongtian. There were five people sitting in the aisle, family members of the defendant. Li Xibin’s brother, Mr. Li, was not here.
After verifying the identity information of the three defendants, Zou Yu and Tian Yi were taken out of the court to await trial, leaving only Li Xibin in the dock.
"The appellant Li Xibin will read the appeal or state the reasons for the appeal." After the judge finished reading the first-instance judgment, the presiding judge said with a serious face.
"I am not convinced by the first-instance verdict. I hijacked Zhao Dongtian to my car park to demand the transportation fees he owed me. I did not intend to kidnap him. I was not kidnapping..." Li Xibin said.
"The defense lawyer will publish the reasons for the appeal below," the presiding judge said.
"Presiding judge and judge: The defender believes that the facts found in the first instance were unclear and the appellant Li Xibin did not commit the crime of kidnapping and should be classified as illegal detention. The reasons are as follows:
This case was caused by the fact that the victim Zhao Dongtian owed the appellant Li Xibin transportation fees. In order to demand legal debts, the appellant hijacked the defendant to his car park and illegally detained the victim Zhao Dongtian, which resulted in the death of the victim.
In order to control the victim Zhao Dongtian, Li Xibin and others injected multiple doses of hibernating spirit into the victim. Apart from this, Li Xibin and others did not commit any violence against the victim. After forensic identification, there is no sufficient basis to prove that Zhao Dongtian died directly from the injection of the drug.
Li Xibin’s behavior complies with the provisions of paragraph 3 of Article 238 of the Criminal Law, which stipulates that illegal seizure and detention of others for the purpose of extorting debts should be classified as the crime of illegal detention and does not constitute the crime of kidnapping. Please ask the court to change the sentence in accordance with the law. complete. "Fang Yi said.
"Appellant Li Xibin, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge asked.
"I have no objection to the facts, but I have objections to the charges. I am not guilty of kidnapping. I hijacked Zhao Dongtian to ask for freight." Li Xibin said.
Before the trial, Fang Yi went to see him and explained the defense plan and relevant legal regulations to Li Xibin. Although Li Xibin didn't quite believe the middle-aged lawyer in front of him, he cared about his own life, so he listened. Extremely serious, hoping to use this opportunity to save his life.