The accused Jiang Mou (a pseudonym),
2009 year in March 14th at 17 PM, the defendant a river in its temporary a district and the victim Li (a pseudonym) drinking while playing cards, a dispute because of "money" problem, then fight.The accused Jiang Mou holds the scissors in Lee facial stab stabbed, cause the victim Li Mou craniocerebral injury.In March 16, 2009, Jiang was caught in a large.The people's Procuratorate of the city in August 30, 2009 to accuse the defendant in a criminal prosecution River to the city intermediate people's court to the crime of intentional homicide.
Because the defendant Jiangmou unmarried, no family, home only old brother and sister, cannot afford to hire a lawyer.In September 3, 2009, designated by the Municipal Intermediate People's court, Legal Aid Center Assignment we Shandong Zili law firm for a river defense, Institute are decided by me and Pan Weishang lawyer for Jiang intentional homicide trial provides a defense.
The day the case, Pan Weishang and I went to the intermediate people's court lawyer copied all the materials, in the first instance court before a meeting with the defendant a river four times, and strive to a comprehensive understanding of the case, to verify the evidence, thus providing a serious and responsible to defend.Meeting to discuss the case, we put forward the following opinions: Defense between 1 friends, the case is a neighborhood indignation homicide, unlike other violent crimes; 2 victims to trigger this case has fault, the occurrence of cases should undertake certain responsibility; 3 the defendant as the real world case, pleaded guilty attitude is good, should be given a lighter punishment.In the subsequent court cross examination and debate, we argued, and strive to give the accused a fair and reasonable decision.
At the same time, in the trial period, in order to make the river a get a lighter punishment, exempt from death, I and Pan Weishang lawyers don't stop calling mobilization defendant Jiangmou relatives, hope that their relatives and friends to compensation, but the relatives and friends are in difficulties in life is unable to compensate for the loss.
In September 23, 2009 the city intermediate people's Court of First Instance judgement accused Jiang guilty of homicide, sentenced to death, deprived of political rights for life.After the sentencing the defendant The face turned ashy., even the judge asked whether the appeal was speechless.
After the first trial, we think sentencing overweight, considering a river without any relatives and friends to help its appeal, which I also in jail, second to provide legal aid to assign Legal Aid Center in Shandong Province, and the appeal period is only 10 days, time is very urgent, so we have an emergency meeting to study, Pan Weishang and I are decided by the lawyer for the defendant to Jiang Mou to provide legal aid, and to the legal aid center of the report, provide justification for the second instance.We quickly organized on a trial and defense work, sum up experience, adjust the defense strategies.As the defendant Jiangmou drafted an appeal, the time for appeal.
During the trial of second instance, we take into account the river some relatives not compensation, so we decided to Jiangmou location of origin of Party committees and government contact, hope they can help us convince Jiangmou relatives were active compensation.Through the efforts of secretary of Party branch of us Jiang Mou Village Wang (a pseudonym).When the Secretary Wang know that we do not charge the legal aid lawyer, he was a serious and responsible attitude touched, said Jiang Mou immediately to help relatives of the ideological work, hoping to encourage them to actively compensate.We will be the case to the high court of Shandong Province, made a report on the tribunal judges, the judges must.
Shandong Provincial Higher People's Court of Criminal Court judge in the city center court, the court before we made adequate preparations, the court we hold a key, a rational, launched a beautiful argument control warfare.The defense opinion in the collegiate bench must be, to lay a solid foundation for the revision.
After a long wait, in July 5, 2010, the second instance verdict, the defendant Jiang a face of panic, looking dejected, trembling.When hearing the death sentence to death with reprieve, Jiang Mou like being charged, the spirit up immediately, face rippling bright and smile.After the verdict, Jiang Mou with both hands, through the iron fence, holding our hands, thanked her and said some good reformation, the police also praised two defense lawyers work.
The process is hard work, but the results are gratifying.Of course, in this process, first of all to thank the second collegiate bench, thanks to the current criminal law system and policy, none of these, our efforts will be in vain, the defendant Jiangmou also won't get a chance to start with a clean slate.In real life, the success of a death sentence sentence defense cases, lawyers can receive tens of thousands, hundreds of thousands or even millions of Yuan agency fees.But we are not in charge of the legal aid in the entire process, and even daotie money.As a lawyer, we know that the legal aid lawyer undeniable responsibility.There are tens of thousands of legal aid cases China every year, also need to tens of thousands of lawyers to do your duty.But we are only one small part, is Su ocean.The vast majority of peers, do this, do that they should make legal aid obligations, to maintain fairness and justice in the interests of vulnerable groups and social, is not known for certain extreme Rhetoric Society lawyers just "money".A successful lawyer does not lie in how much money he can get benefits from a court case, but that he can assume as should bear a lawyer's duty, safeguard the legitimate rights and interests of the parties can realize the social value of.Of course, we also hope to be able to let more people recognize the function and social meaning and the legal aid lawyers.