Chapter 593 It’s too fantasy!

Author: Xueying Hongmei

"Defendant, did you hear clearly the indictment just read out by the prosecutor? What crime are you accused of? Do you have any objection to the criminal facts accused of you in the indictment?" The presiding judge looked at Li Tianjun who was sitting in the dock.

"I heard clearly and have no objection. I accept the charges and criminal facts in the indictment." Li Tianjun said with his head hanging down.

After hearing what Li Tianjun said, Fang Yi breathed a sigh of relief. In the first half of the trial, Li Tianjun finally agreed to Fang Yi's suggestion and pleaded guilty and accepted punishment.

The prosecutor then interrogated the defendant about the facts of the crime charged in the indictment. Since he had confessed his crime and accepted punishment, Li Tianjun had nothing to argue with. He answered all questions and explained the situation in detail.

Fang Yi asked Li Tianjun how he was caught and why he blackmailed the victim's family, and Li Tianjun answered them one by one. The trial process went smoothly and everything went smoothly.

Next came the evidence and cross-examination session. Both the defendant Li Tianjun and the defender Fang Yi recognized the evidence presented by the prosecutor's office. They admitted the facts of the case and there was really nothing to defend against the evidence.

"The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

Let the prosecutor speak first." The presiding judge said in a routine manner.

"Presiding Judge, Judge: The prosecutor believes that... after Li Tianjun killed the victim, he wrote a threatening letter to the victim's family for blackmail. He committed two acts before and after, which respectively constituted the crime of intentional homicide and the crime of extortion.

Since he pleaded guilty and accepted punishment after being brought to justice, we recommend that he be sentenced to death with a two-year suspended sentence. Over." After speaking, the prosecutor glanced at the defendant Li Tianjun, and then looked at the presiding judge.

Immediately afterwards, the defendant defended himself, and Li Tianjun's nose and tears flowed down, fully demonstrating his determination to change his past mistakes.

"The defendant's defender will give his defense opinion below," the presiding judge said.

"Presiding Judge, Judge: The defender believes that after the defendant Li Tianjun killed the victim Zhou Bo, he wrote a blackmail letter in order to divert the investigation attention of the public security organs and cover up the crime. This constituted the crime of intentional homicide and did not constitute the crime of extortion. The reasons are as follows.

:

First, Li Tianjun did not have the intention to illegally possess other people's property, and it did not constitute extortion.

Extortion refers to the behavior in which the perpetrator takes advantage of the safety or reputation of the victim and his relatives to forcibly extort relatively large amounts of public or private property by threatening, coercing or coercing the victim for the purpose of illegal possession.

Subjectively, the perpetrator's purpose is illegal possession. Objectively, the perpetrator's behavior is to use threats and other means to forcibly obtain public and private property.

The evidence in the case cannot prove that Li Tianjun had the purpose of illegal possession. After the death of the victim, he wrote threatening letters to his relatives, falsely claiming that the victim had been kidnapped and asking for ransom. This was just to divert the investigation attention of the public security organs and cover up the murder, rather than to

Illegal possession of other people's property. And he never thought about collecting ransom from the beginning to the end.

Objectively speaking, although Li Tianjun wrote the extortion letter, he did not actually go to the agreed site to collect the ransom, so Li Tianjun's behavior did not constitute the crime of extortion.

2. Defendant Li Tianjun’s behavior constitutes intentional homicide.

When Li Tianjun had a dispute with the victim, he deliberately strangled the victim's neck and covered his mouth, causing the victim to become unconscious and then dumped the victim in the grass by the river, causing the victim to drown and die. His behavior constituted the crime of intentional homicide.

Because the defendant Li Tianjun intentionally carried out killing behaviors such as strangling and covering the mouth of the victim Zhou Bo. After the victim fell into coma, Li Tianjun abandoned Wang in the ditch. This was not a cessation of the murder, but the defendant's

The act of dumping the body when a person subjectively believes that the victim is dead does not change the nature of the murder. Therefore, it constitutes the crime of intentional homicide.

Third, the defendant has the circumstances to surrender.

After the incident, the defendant Li Tianjun was taken to the police station for questioning by the public security organs. The defendant immediately confessed the facts of the crime. The defender believed that the defendant had surrendered and could be given a lighter punishment.

To sum up, the defender believes that the defendant Li Tianjun committed intentional homicide, but after he was brought to trial, he truthfully confessed, pleaded guilty and accepted punishment, and had the circumstances to surrender. It is recommended that he be sentenced to life imprisonment. Over." Fang Yi expressed his defense opinion.

Although the circumstances of the surrender in the defense opinion are somewhat false and may not be accepted by the court, Fang Yi searched through the case files and found no case facts that would benefit the defendant. He could only use what he had in case the court accepted it.

Woolen cloth.

…

Since the prosecution and defense have communicated for many rounds in advance and have reached a basic consensus on the facts of the case, the trial debate session is relatively mild and not so confrontational.

After a ten-minute adjournment, the presiding judge announced the verdict in court.

The Intermediate Court held that the fact that the public prosecution agency accused Li Tianjun of killing the victim Zhou Bo and writing a threatening letter was established, but it believed that Li Tianjun's behavior constituted the crime of intentional homicide and extortion. The defendant Li Tianjun kidnapped others for the purpose of extorting property and caused death.

behavior constitutes the crime of kidnapping.

Li Tianjun truthfully confessed his crime to the public security organs when the public security organs did not grasp the facts of his crime. He should be deemed to have surrendered and may be given a lighter punishment.

The first-instance verdict: Defendant Li Tianjun was convicted of kidnapping and sentenced to death with a two-year suspended sentence and deprived of political rights for life.

After the verdict was read out, Fang Yi was stunned, and the prosecutor opposite was also stunned. The two sides communicated for several rounds, and finally the court actually convicted him of kidnapping. It was so fantasy!

Fang Yi was both surprised and amazed. He really couldn't understand the logic of the court's decision. In his opinion, the crime in this case must be intentional homicide. But the court's decision shattered his confidence and shattered it into pieces.

.

Fang Yi sat in the dock and thought for a long time. In judicial practice, in the process of kidnapping, casualties of 'hostages' often occur. The perpetrators of kidnapping may also kill 'hostages' for the purpose of silencing them. However,

All of this is based on the fact that the perpetrators of kidnapping aim to extort property when committing kidnapping, rather than to kill or injure.

In this case, Li Tianjun caused the victim to fall into coma during an argument with the victim, and then dumped the victim by the river. He subjectively had the intention to kill the victim. In order to divert the investigation attention of the public security organs, Li Tianjun wrote the blackmail letter, but in fact the defendant

He didn't go to collect the ransom. He didn't go there for the ransom from the beginning.
Chapter completed!