Chapter 364 There are so many ways!

Author: Snow Yinghong Plum

Chapter 364 There are so many ways!

After walking out of the detention center, Qian Wen was silent and just followed Fang Yi silently.

"I feel very sympathetic to Xiao Wang." After getting in the car, Qian Wen suddenly said.

"Well, being sympathetic means you are not numb yet. You will be a good lawyer." Fang Yi took a look at Qian Wen after starting the car.

In fact, he only said half of his words, and the second half of his heart was: However, the flood of sympathy is not necessarily a good thing for a lawyer, especially a criminal lawyer, because sympathy will make you lose your judgment and disrupt your logic.

Thinking ability.

If Wang Deyou or Mei Xiaoting were sitting next to him, Fang Yi would definitely say everything. As for Qian Wen, he could only click.

For such a profession that requires insight into human nature, rich experience, and even prevents oneself from getting lost, Qian Wen is still too young and society is too complicated!

"Well, thank you!" Qian Wen nodded: "Lawyer Fang, do you think Xiao Wang will be sentenced to death? I mean, after being arrested, he cooperates with the police to investigate, can we use this as a breakthrough and ask the court to be lenient or

Reduce the punishment!”

This was Qian Wen's first criminal case. She felt that she should do something and didn't want to just go through the procedures. Seeing the person involved being sentenced to death, to put it bluntly, she wanted to be a spectator and didn't want to be a spectator.

"We can defend this way, but according to the case situation, the court is likely to not adopt it, and he will still be sentenced to death." Fang Yi said.

"Why?" Qian Wen turned to look at Fang Yi.

"According to Article 232 of the Criminal Law, those who intentionally kill people shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than ten years; if the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Have you discovered that Article 232 of the Criminal Law is listed in the order from severe punishment to light punishment? Do you know what this means?" Fang Yi asked.

Qian Wen looked confused and shook his head and said, "I don't know."

"This means that intentional homicide is a very serious crime that violates citizens' personal rights and must be severely cracked down. Therefore, in judicial practice, for criminals who commit intentional homicide, the court will first consider severe punishment when sentencing.

Only when severe punishment is not applied can we settle for the second best punishment. So I speculate that the court will likely sentence Xiao Wang to death." Fang Yi explained.

"Oh, so that's the case!" Qian Wenru was enlightened, and then said in confusion: "Will this lead to a rigid copy of the law? This is a life! And the victim is at fault first."

"What you said makes sense. It is true that some judges just use mechanical judgments in such a way, but not all judges do this.

Holmes, do you know this person?" Fang Yi asked.

Qian Wen shook his head: "When I was in college, I read all the laws and textbooks, and I basically didn't read any majors. Of course, the exception was when writing graduation thesis."

"Well, I read Holmes's "The Road to Law" when I was in graduate school, which was very inspiring to me. Holmes said that lawyers should start from the perspective of "bad guys", study the law, figure out the judges, and then guide clients on how to do this.

Avoid legal punishment.

Of course, the "bad people" here are legal bad people, bad people wandering around the edge of the legal red line, and their "bad" is moral. In fact, if you observe carefully, you can see many such bad people.

Not only that, "The Way of Law" also belittles the formalist legal thinking of superstitious logic, uselessness." Fang Yi chatted.

"Is the formalism you are talking about the kind of formalism that we often see on the Internet? In fact, the above also opposes formalism." Qian Wen did not say it clearly, but Fang Yi understood what formalism she mentioned refers to.

"What Holmes calls legal formalism is not only formalism that only works on superficial writing, but also regards law as a closed deduction system like European geometry.

In fact, I think the law is a rule based on common cognition. As time goes by, people's common cognition changes, so the law should be modified with the different times. This kind of thing is definitely not a few legal studies.

What experts can do is also considered, and credibility and social development must be considered.

But for our lawyers, I think Holmes’s statement about lawyers is still very practical. If we lawyers want to gain a foothold, it is definitely not as simple as getting a certificate or reciting the laws. I can forget everything in the school books.

, but I dare not stop thinking about how to solve problems, because the ability to solve problems is the core competitiveness of lawyers." Fang Yi said.

"What should I do when there is a conflict between law and morality?" Qian Wen looked at Fang Yi in confusion, wanting to hear his outstanding opinions.

"What is legal does not necessarily meet moral standards, and what is legal does not necessarily meet moral standards.

Let’s give a more extreme example. You can see that many Chinese and foreign novels have plots of male protagonist avenging his mother or father, but no readers will say that the male protagonist is doing something wrong, and will say that he is bloody and even admired.

, such as the Zhang Qukou case.

This is the moral standard in the hearts of the public. But is this kind of behavior legal? From a legal perspective, it is illegal.

So there is no need for lawyers to care about the relationship between law and morality. I think as a lawyer, what you should consider is how to exempt the parties from legal punishment or reduce the punishment.

As for morality, you can use it to defend the parties, but don’t rely on it. It is possible that the judge also agrees with the moral standards mentioned by the defense lawyer, but the judge will not use morality as the basis for judging the case." Fang Yi said.

Qian Wen didn't expect that Fang Yi would have so many things in his mind. It seems that he is not suitable for criminal cases. If he has the chance, he should follow Ma Yi or Lao Huang to do civil cases, at least the risk is less.

"I just gave my opinion, but we still have to defend ourselves if we should defend ourselves. What if the judge has other ideas, it might be able to save Xiao Wang's life." Fang Yi encouraged.

The next morning, not long after Fang Yi brought Qian Wen back from the court review, Peng Huayan brought her sister-in-law Liu Fangzhi to the law firm.

Peng Huayan's brother rarely talks about work with his wife Liu Fangzhi, so Liu Fangzhi knows only the case. She had previously met with a local lawyer in the detention center. The information Peng Huayan knew was what she heard from the lawyer, and the case was quickly transferred.

In the court, Liu Fangzhi was a person with no opinion. She was already panicked at this time and didn't know what to do, so she had to ask her sister-in-law Peng Huayan for help.

With Zhou Ying's assistance, Liu Fangzhi completed the entrustment procedures, Fang Yi sent the two out of the law firm.

Xiao Wang's case was left to Qian Wen to stare. Fang Yi saved a lot of energy and made time to start a meeting at the Yolu Provincial Detention Center, and then asked the prosecutor to communicate the case and the court to review the case.
Chapter completed!