Chapter 329: Chapter 135: Intentional Murder?
Are You Out of Your Mind?!_2 Chapter 329: Chapter 135: Intentional Murder?
Are You Out of Your Mind?!_2 Actually, the first-instance judgment showed that Han Chengli had also mentioned the use of excessive defense against domestic violence, but unfortunately, due to insufficient evidence, the court did not accept this.
At that time, neither party had laid hands on the other; it was just an argument, and then the woman suddenly stabbed him with a knife, so it was not considered excessive defense.
Therefore, Old Tang raised the issue of covert domestic violence, which is also a type of domestic violence, but like other forms, covert domestic violence also requires evidence. Fresh chapters posted on novｅlfire.net
“Yes, Lawyer Tang, we have our chat records.
I sent him over ten messages before he finally replied with a ‘hmm.’ I asked him to attend a parent-teacher meeting for our child, and he completely ignored it.”
“There’s also the recording of a phone call…” Song Siwen said excitedly.
Old Tang wrote on paper while asking questions again.
Song Siwen found it odd, these questions had been asked several times before by the previous lawyer, Han, what was the use of asking them again?
“One last question, how did the prosecution speak to you during the interrogation?
Did they mention the reasons for determining the charge?
And what did your previous lawyer, Han, say?”
After thinking for a while with her head down, Song Siwen said, “I think they did mention it; they said that my situation did not meet the criteria for intentional homicide, and it wasn’t to that extent.”
“He said that if it was categorized as intentional homicide, the situation would be very serious…”
Upon hearing this, Old Tang smiled; Han Chengli did indeed have some skill, but that was all he had.
In criminal defense, sometimes it’s absolutely necessary not to stick to formalities!
Considering this case, the normal first reaction would undoubtedly be to ensure it isn’t determined as intentional homicide.
The prosecution wouldn’t use such a reason to charge, as the court would turn it straight back.
Thinking this, Old Tang spoke up, “Ms.
Song, if there’s a chance now for your sentence to be reduced to less than ten years, maybe even less, would you be interested?”
Song Siwen was startled by the question, “Lawyer Tang, my trial from the first instance has already finished.
Is there still a chance for change?”
“Of course, there is, but, there are risks involved.
One wrong move, and your sentence could become even harsher,” Old Tang continued.
This was an extremely risky strategy, even Old Tang after much deliberation had decided to adopt it, posing a high risk to the client.
Hearing this, a smile appeared on Song Siwen’s pale face, “Lawyer Tang, with my current situation, could it get any worse?
What would be the plan?”
Old Tang looked steadily at Song Siwen and said calmly, “The appeal would argue that the first-instance court made errors in ascertaining the facts and the law; you should be charged with intentional homicide, not the crime of intentional assault leading to death!”
Song Siwen was stunned upon hearing this and her lips quivered, but she couldn’t speak.
After a long time, she managed to say, “Tang, Lawyer Tang, turn my charge into intentional homicide?”
“Yes, claim that the prosecution made a mistake, you should be charged with intentional homicide!” Old Tang said as evenly as before.
For a moment, Song Siwen even wondered if her dead husband had been resurrected.
Otherwise, how could a normal lawyer come up with such reasoning?
Did he think she hadn’t been sentenced to enough time in prison?
Or was he trying to get her the death penalty?
Was this Tang Fangjing, Lawyer Tang, really hired by her parents?
“No, Lawyer Tang, this can’t be right.
The other lawyer, Han, said not to associate with the charge of intentional homicide at all.
He also said the worst thing for a crime of passion is to be thought of as intentional homicide!” Song Siwen exclaimed.
Faced with the agitated Song Siwen, Old Tang was still composed, staring at her and saying, “Listen to me first, then think about it carefully.”
“First of all, you should also be aware that the starting sentence for intentional assault leading to death is ten years, right.”
“Next, if it’s intentional homicide, indeed the sentence also starts at ten years, but, for intentional homicide, there’s also the possibility of ‘lesser circumstances.’ If recognized as ‘lesser circumstances,’ then the sentence can be three to ten years of fixed-term imprisonment!”
At this point, Song Siwen’s eyes lit up; if that was true, then it really was different—three to ten years versus more than ten years are two different concepts.
“So, Lawyer Tang, under what circumstances would it be considered ‘lesser circumstances’?” Song Siwen asked eagerly.
“There are many scenarios, but one here is enough.
The Supreme People’s Court ‘Opinions on Handling Domestic Violence Criminal Cases According to Law’ Article 20 stipulates.”
“For those who have suffered serious domestic violence and major physical or mental harm, and consequently intentionally kill their abuser; or for those who cannot bear long-term domestic violence and intentionally kill their abuser, if the crime is not particularly egregious and the means are not particularly cruel, it can be determined as ‘lesser circumstances’ under Article 232 of the Criminal Law for the crime of intentional homicide.”
“Look, you used a fruit knife at hand and stabbed four times, but your husband did not die on the spot, so the circumstances are not particularly egregious, and the means are not particularly cruel, which could be considered as ‘lesser circumstances’ for intentional homicide.”
In layman’s terms, covert violence, circumstances not egregious, means not cruel, equals lesser circumstances!
Under such circumstances, if it is determined to be intentional homicide, the sentencing could in fact be lighter.
Song Siwen across from him was astonished.
For someone like her who didn’t know much about law, the conventional thought was that the charge of intentional homicide must be more severe than intentional assault.