Chapter 323 Classic Defense
Hu Jiayi's case of robbery and murder has been handed over to the procuratorate, and Liu Pengcheng's office has also received an "evil guest". This person entered Liu Pengcheng's office, wandered east and west, and opened the bookcase with dishonest hands.
Seeing that the legal books inside showed signs of reading, he nodded. Then he even left Liu Pengcheng's rest room. He opened the refrigerator and took out a can of Coke and took a few sips before sitting on Liu Pengcheng's office chair.
, looked at Liu Pengcheng and asked: "You are sitting, why are you standing."
Liu Pengcheng said to himself that if you don't even sit down, how can I dare to sit down? If I sit down first, you might not be able to scold me! Since his seat is occupied, Liu Pengcheng has no choice but to sit on the chair in front of his desk, which is also in the office.
Director Liu had no choice but to sit on the sofa.
There was really no other way. Liu Pengcheng didn't even dare to sit down, let alone him.
The "evil guest" asked Liu Pengcheng with a smile: "Xiao Liu, Hu Jiayi's embarrassment, are you causing trouble for me?"
This person is called Jiang Zhengguo. The reason why Liu Pengcheng is so "afraid" of him is because he was his uncle in the national political and legal education worker training class he participated in with Professor Park in the 1980s. And when Liu Pengcheng was studying as a graduate student, he was
A teacher of criminal law and criminal procedure law. He is a nationally renowned expert on criminal law and criminal procedure law, director of the Criminal Law Teaching and Research Section of East China University of Political Science and Law, graduate tutor, and professor. He is also one of the highest-level criminal defense lawyers in the country.
Liu Pengcheng's heart thumped. It's over. He made a mistake. Ordinarily, Liu Pengcheng asked Hu Shuisheng to find Jiang Zhengguo, or to tell Jiang Zhengguo in advance, or to tell Hu Shuisheng not to "betray" himself. In fact, Liu Pengcheng still wanted to go to Jiang Zhengguo in advance.
I said it, but I forgot about it. As a result, Hu Shuisheng was busy saving his son's life, so when he returned home, he looked for connections to see if he could contact Jiang Zhengguo as soon as possible. It turned out that there was no need for connections at all. He himself was the supplier of the East China Political and Legal Canteen.
It's just that they are a canteen and they definitely don't want high-end aquatic products, so the people below are in charge. He has a truck in Shanghai with a pass from East China Political and Legal Affairs!
This was easy to handle. It was easy to contact Jiang Zhengguo through the school's logistics system. Professor Jiang planned to focus on the implementation of the new criminal law this year, and the modification of the new criminal law textbooks based on the implementation, mainly to include actual cases.
There is no plan to pick up the eucalyptus at all.
But this Hu Shuisheng was too persistent. Professor Jiang said that even if he could introduce another defense lawyer to him, he settled on Professor Jiang introduced by Liu Pengcheng. In the end, Professor Jiang had no choice but to entangle him, and with this embarrassment
He thought it was "somewhat interesting", so he accepted the offer.
This time, Professor Jiang came mainly to go to the procuratorate to copy the papers. In fact, he could just ask his students to do this. Then he went to the detention center to meet with the client, Hu Jiayi, and he had to do this by himself. So after the meeting, he drove to find Liu Pengcheng.
"Settled accounts".
Jiang Zhengguo now knows what Senior Sister Park means when she comments that Liu Pengcheng "may not always cause you some trouble."
If Liu Pengcheng knew this evaluation, he would definitely be upset. How honest he is. When did he get into trouble?
Jiang Zhengguo said: "Tell me, you have planned so hard for such a bastard, and even sold me, your uncle, what is the final result you want?"
Liu Peng lowered his eyebrows and said with drooped eyes: "To be honest, all I want in my heart is to save my life."
Jiang Zhengguo said: "Is it okay to have a reprieve of death? This is promising. Let me ask you, have you passed the exam for your lawyer's license?"
Liu Pengcheng's head was lowered. A lawyer's certificate was one of Teacher Park's basic requirements for him.
Jiang Zhengguo said: "There are still a few months left. Let's take the lawyer's license exam before talking about anything else. My theoretical foundation is too poor! Is this the difference between the death penalty and a suspended death sentence?"
Jiang Zhengguo came like a gust of wind and left like a gust of wind. Before leaving, he left a message: "Hurry up and pass the law certificate exam. If you fail, I will come to settle the account with you. Don't worry about this, your position can no longer interfere with it."
Come on, don’t be stupid!”
Liu Pengcheng and Director Liu sent this man away the same way he saw off his uncle. This man was so famous in the Yangtze River Delta area and had such a strong aura that it wasn't until Jiang Zhengguo's Mercedes-Benz 600 drove out of the branch door that Liu Pengcheng and Director Liu grew up together.
He took a breath.
Liu Pengcheng is the kind of person who is good at sharing everything with others. On the day Jiang Zhengguo gave him the "law exam ultimatum", he sent Xiao Yang to quickly register for the self-study exam. A junior college in law is enough! You can't be a driver all your life.
Bar!
Isn't it better for two people to chew the law book than for one person?
Two months later, Hu Jiayi's first trial was held in the Pingzhou City Intermediate People's Court. Two prosecutors from the Pingzhou City People's Procuratorate appeared in court to support the prosecution. Jiang Zhengguo appeared in court as the defendant's defense lawyer.
The prosecutor's opinion: 1. This was a typical case of home invasion, robbery and murder, resulting in two deaths and one serious injury. The supervisor was extremely vicious and should be severely punished.
2. My nephew killed his uncle and his aunt's mother, and seriously injured his own aunt. The impact was extremely bad and violated public order and good customs.
3. The defendant was over 18 years old when he committed the crime, had full capacity for criminal responsibility, and had no circumstances to surrender or meritorious service. He should be sentenced harshly.
Liu Pengcheng sighed inwardly. The prosecutor almost explained all the "weak spots" of Hu Jiayi, the defendant in this case. The three opinions were like three steel knives, cutting straight into the fatal hole!
Then the defender spoke, and Liu Pengcheng was amazed by Jiang Zhengguo's first defense opinion.
1. The procuratorate mischaracterized this case. This was not a burglary, but an intentional homicide and theft! Why? Because although the defendant was carrying an ax, he did not kill the victim, let alone rob him!
Instead, he wanted to reason with the victim. The defendant's confession and the testimony of the victim Chen Ling can prove that the intention to kill was only after a serious quarrel with the victim. This was a very typical murder of passion.
The victim clearly knew that the defendant was very angry and was holding a sharp weapon, but still chose to use words to anger the defendant. This is a heavy responsibility in this case.
After the defendant killed and injured someone, he remembered that he could take the money himself, so he searched the victim's bedroom and took away cash and gold jewelry. This constituted the crime of theft, not robbery.
2. I would like to ask the presiding judge and jurors to note that the reason why the defendant took an ax to the victim to reason with him was because the victim had illegally embezzled the defendant’s finances for a long time and had reached the point of being insane, and the victim just wanted to use his own money.
The living expenses were increased to 100 yuan per month, and another 200 yuan was required for paper money. Note that the defendant's father gave the victim 2,000 yuan per month for living expenses! Moreover, the victim also defrauded the victim's father in the name of information fees.
Went to 5,000 yuan!
However, the victim did not even agree to the defendant's small request, and instead insulted, cursed, and laughed at the defendant. Under such circumstances, the defendant raised the axe. So, where did the defendant's money go? Chen Ling
She and her mother gave it to Chen Lang, the only son of the Chen family, to gamble, embezzle, and defraud a senior high school student who was about to take the college entrance examination. He used the money to buy exam papers for gambling! I want to ask who is violating public order and good customs, and whose behavior is worse
Despicable, whose behavior has the worse impact?
3. I brought love letters from 32 classmates, five teachers, and 7 teachers who had taught him in the victim’s class. Note that it was not a love letter that they all signed, but each person wrote one.
From these love letters, we can see what kind of person Hu Jiayi is. In addition, another content is that this semester, Hu Jiayi has borrowed money from all of them. I think everyone knows what this means.
Then, when he went to his second uncle with an ax in hand to ask for 200 yuan, he had no way out.
4. After the theft, the defendant only took 300 yuan in cash from the stolen goods, and hid the rest in the firewood pile at his home, hoping to wait for his father to come back to deal with it. From beginning to end, he only wanted a week's worth of money.
Living expenses and 200 yuan of test paper money, I would like to ask, what is the criminal motive? Who said this is a criminal motive? Is there such a criminal motive?
The above is my defense opinion. My client and I believe in the fairness of the law and the dawn of justice.
So, Jiang Zhengguo had to break down the robbery into intentional homicide and theft. Is this the wrong defense?
Robbery and murder are killings that occur during the crime and are almost indistinguishable. If Hu Jiayi is convicted of robbery and two are killed and one is seriously injured, he can be said to be dead. There is no room for maneuver.
Intentional homicide is different. The crime sounds scary, but in fact there is a lot of room for maneuver. For example, intentional homicide with excessive self-defense will almost never be sentenced to death. As mentioned above, my father killed Sun Yu.
It’s also intentional murder!
Jiang Zhengguo's defense speech was selected into almost all editions of legal textbooks, and was also hailed as the best defense speech of the year by "Legal Research" magazine.
After the court's verbal exchanges, cross-examination, and mutual cross-examination, the court adjourned the hearing and reopened the court on the third day to pronounce the verdict:
The defendant Hu Jiayi was convicted of intentional homicide and sentenced to 19 years in prison.
For the crime of theft, he was sentenced to two years in prison. It was decided to combine the sentences with twenty years in prison.
The prosecutor's office did not protest.
After the verdict, Hu Jiayi's parents divorced. Hu Jiayi's mother didn't want any of the money Hu Shuisheng earned in Shanghai. She only wanted the house and pond in the village and returned to the village. Fortunately, her natal family was there.
In the village, I have older brothers and younger brothers to help me, and my life is pretty good. I visit my son on time every month.
Hu Jiayi's father, Hu Shuisheng, stayed in Shanghai, gave his business to a fishmonger in the town, and opened a fish restaurant of his own, and the business was not bad. He never returned to the village again, and paid Hu Jiayi monthly wages.
The maximum amount allowed to save for living expenses.
Not long after, the Qinghu District Court heard that the Chen siblings had embezzled and committed fraud. The two were sentenced to fixed-term imprisonment. Hu Shuisheng was not present, but his lawyer told the court that there would be no compensation, no forgiveness, and a heavy sentence!
A year later, Hu Jiayi, who was still serving his sentence, proposed to his teacher that he wanted to take a self-study exam. After careful consideration by the leadership, he readily agreed. However, he did not apply for the famous school that the prison expected, but a correspondence course at Shencheng University of Technology. That school has such a good reputation.
It's not obvious, but Hu Jiayi, who had already started studying how to apply for a job when he was in school, knew that this school was the most suitable for him now! His explanation for the prison was that he was afraid of not being able to pass the exam for a good university, and after all, he had to work to earn work points so that his sentence could be reduced.
The leaders also agreed that he should apply, and helped him contact his father, go through the procedures, pay the tuition, and transferred Hu Jiayi to work in the very quiet reading room.
Hu Jiayi was also very ambitious. He scored perfect marks in every subject for two consecutive years. The university sent certificates for outstanding students directly to the prison.
There is nothing to say now, the sentence is reduced! At the same time, the leaders probably understood why Hu Jiayi chose such a university.
In the third year, Hu Jiayi began to truly implement his plan. He used the knowledge he learned and brought in private goods during an assignment. Two invention papers "A New Type of Extended-Range Aerodynamic Shape of Cannonballs" and "A
New short-range low-recoil artillery braking device.
A month later, he was taken away from a military prison and never heard from again.
Six months later, several soldiers came to Liantang Village. After a confidential discussion with his mother, his mother quickly disposed of two buildings and rented three ponds to her parents' family at a low price. On the same day, she took the money and some necessary items with her.
Several soldiers left. Later, they came back to visit relatives. They looked radiant and in excellent spirits, but they never mentioned where they were or their son.
Chapter completed!