At noon on April 6, 20 10, the defendant Jia had an argument with Wang, a student of Class 6/kloc-0, Grade 2, Luochuan Middle School, which led to a fight. The defendant also wrestled with Wang during the fight and was later pulled away by his classmates. In the afternoon, Jia and his classmates said that Wang and several people were at the school gate. Wu and Jia discussed preparing self-defense tools, so they borrowed a T-hammer and Jia bought two knives. At 2 1: 50 on the same day, after the evening self-study, Wang will call to the door of the classroom and say, "Let's play outside the school." After Wang left first, he took out a knife from the tools he had prepared first and hid it in his sleeve, and went out of the school with Jia. Wang, who was waiting outside the school gate, jumped on the one who had just left the school gate and punched and kicked him. Then he stabbed the king in the abdomen with the knife he carried with him. Wang continued to punch and kick and stabbed him several times with a knife. He was stabbed four times, but his classmates pulled him away. And Jia fled the scene. Wang was taken to the hospital and died after examination. It was identified that Wang's sharp instrument stabbed the posterior femoral artery and died of hemorrhagic shock. Wu Mou was detained in April of 10, and was arrested on May of the same year. The public prosecution agency believes that the actions of the defendant and Jia violated the relevant provisions of the criminal law and should be investigated for criminal responsibility for intentional homicide.
2065 438+00 2065 438+00 Yan 'an Legal Aid Center received a reply from Yan 'an Intermediate People's Court on the case of intentional homicide, and appointed Qu lawyer to undertake the case. After accepting the case, Mr. Qu carefully consulted the case file and met with the defendant and Jia, and found that the accusation of the public prosecution agency against the crime of intentional homicide could not be established, and the circumstances of his surrender should be recognized. Defenders put forward the following defense opinions according to the facts of the case and legal provisions:
1. The defendant Wu Mou's behavior constitutes the crime of intentional injury.
The defendant's injury to the victim Wang violated the relevant provisions of China's criminal law and constituted the crime of intentional injury. Wu Mou didn't kill anyone intentionally or unintentionally. The defendant Wu Mou's repeated confessions and witness interrogation transcripts can prove this point. The evidence proves that Wu Mou's purpose of holding a knife is to defend himself and scare the victims when there are many victims. Defendant Wu Mou was beaten by the victim immediately after school. In order not to let the victim continue to beat him, Wu Mou stabbed the victim several times without any choice in the case of dim light and myopia, and did not intentionally stab the victim to death. Therefore, this case should be convicted and sentenced for intentional injury.
Two, the defendant Wu Mou surrendered plot, the court should be recognized.
After committing the crime that night, the defendant Wu Mou fled back to his village and hid in the orchard. He was discovered by his mother Han and his third mother Zhang. After persuasion, education and persuasion, they agreed to surrender, and Han and Zhang personally handed over Jia to the police. This fact can be confirmed by witness testimony, interrogation record, the confession of the defendant Jia and the materials collected by the investigation organ.
According to relevant laws, those who voluntarily surrender after committing a crime and truthfully confess their crimes belong to surrender. A person who surrenders himself is not a criminal suspect who voluntarily surrenders himself, but who surrenders himself after being persuaded and accompanied by relatives and friends, and shall also be deemed to have surrendered himself. Defenders believe that the defendant Wu Mou's behavior conforms to this legal provision and should be regarded as voluntary surrender.
Third, the victim was at fault in this case.
The facts clarified by the court are enough to prove that the victim was at fault from beginning to end in this case.
20 10, 12, 10, Yan' an intermediate people's court found through trial that the defendant Wu Mou stabbed the victim with a knife when he was attacked by the victim, causing his death, which should constitute the crime of intentional injury. Wu Mou surrendered himself, and the victim was at fault, so the defendant Wu Mou was sentenced to fixed-term imprisonment of 15 years and deprived of political rights for 5 years for intentional injury.
Comment and analysis
In this case, the defendant Wu Mou changed from intentional homicide to intentional injury, and the circumstances of surrender were not recognized. The defense lawyer carefully analyzed the difference between intentional homicide and intentional injury causing death, combined with the relevant evidence of this case, based on facts and taking the law as the criterion, and safeguarded the legitimate rights and interests of the defendant. The successful handling of this case has given a young man unlimited hope for the future, and also reflected the dedication and dedication of a legal aid worker.