On November 30, 2023, Mr. Zhu Yonghui, Director of Beijing King&Capital Law Firm, was invited by Prof. Che Hao, Vice Dean of Peking University Law School, to participate in the course "Criminal Prosecution and Defense Trial Practice" at Peking University. The course is designed to help students understand the way of thinking of different professional roles within the legal community, and to cultivate students' practical ability, which is a practical course of considerable practical significance.
The co-lecturers of the course, in order of lecturing, were Zhu Yonghui, Director of Beijing King&Capital Law Firm, Zhen Zhuo, Prosecutor, Director of the Eighth Prosecution Department of the Beijing Municipal People's Procuratorate No.1 Branch, Judge Wang Lina, Vice President of the Criminal Division of the Beijing Municipal No. 2 Intermediate People's Court, and Prof. Che Hao, Associate Dean of the School of Law of Peking University.
Mr. Zhu Yonghui was appointed as an external lecturer of the course "Criminal Prosecution and Defense Practice" of Peking University Law School in the fall semester of 2023.
The course started with an example of an intentional homicide case that Mr. Zhu Yonghui had actually handled. The course was divided into three parts: first, the representatives of both sides of the prosecution and defense expressed their prosecution and defense opinions, and debated and made closing arguments on the points of contention of the case; then, Mr. Zhu Yonghui, Prosecutor Zhen Zhuo, and Judge Wang Lina commented on the performance of the students and explained the case from the perspective of their respective professions in turn; and lastly, Prof. Che Hao analyzed the theoretical issues involved in the case at the level of theories, and made a summary of the course.
Mr. Zhu Yonghui
In the lecture stage, Zhu Yonghui firstly gave full affirmation to the performance of the students from both sides: on the one hand, both sides grasped their respective roles very well, with clear viewpoints and arguments; on the other hand, in the free debate, both sides focused on the case focusing on the issue of the war of words, back and forth, which fully demonstrated the professionalism of the students of Peking University and their elegance; the most important is that both sides were able to pay attention to the details of the case, digging deep into the case materials, and providing a good solution to the case. Most importantly, both sides are able to pay attention to the details of the case, digging deep into the case materials, for their respective views to provide sufficient arguments, it can be seen that the students have put a lot of effort.
Next, Mr. Zhu Yonghui shared his personal experience and views on the case simulation from the perspective of the lawyer:
First, as a lawyer, sometimes with the case is mutual achievement. In this case the lawyer not only helped the client, at the same time the case also inspired the lawyer's greater interest in criminal defense.
Mr. Zhu recalled that he took over the case in 2001, shortly after he received his license to practice law. The defendant's behavior did not cause actual injury to the victim, which can be analyzed and debated many points of controversy. The crime of the case is intentional homicide, criminal attempt and criminal suspension of the two circumstances of the penalty gap is huge, the lawyer through the defense work to pursue the legal reality, close to the objective truth, and in turn to maintain the client's legitimate interests, is crucial. This case is in the lawyer's efforts, the court found that the defendant is a suspended crime, and the defendant's behavior did not produce harmful consequences, the final defendant exempted from criminal punishment. Zhu said with emotion, the case process and results of the practice of the beginning of his criminal defense value and charm. Since then, Zhu lawyer more and more determined to the road of criminal defense specialization.
Second, as a defense lawyer, to boldly question the case
Mr. Zhu especially praised the defense students for their courage to question the performance. The defense students comprehensive case evidence that the person who shot the defendant and the defendant may not necessarily be the same person, based on the principle of doubt in favor of the defendant, put forward the first level of factual defense of innocence. Mr. Zhu thought that it was very rare that the defendant admitted to shooting the gun in his statement, but he was still able to come up with the defense of innocence. Zhu then told the students, especially in some major even face the death sentence in the case, the defendant's murderer identity is not particularly conclusive, is a very important issue, defense lawyers, if based on the evidence of the case to question the views of the judge's inner conviction may be affected by a relatively large impact.
Third, the prosecution and defense can focus on the details, such as for the shooting angle, bullet point to do geometric analysis, etc., this way of thinking is particularly good.
When reviewing the details of the case, Mr. Zhu appreciated the performance of the students on both sides. The prosecution argued that the defendant had the intention to kill by restoring the crime scene and accurately calculating the distance between the point of impact and the victim's head according to the data in the investigation report. The defense, on the other hand, through trigonometric calculations, concluded that the angle between the shooting angle and the ceiling was only 5 degrees, thus arguing that the defendant did not have the intention to kill, and that the shooting was only to scare the victim. Both sides for this detail is very accurate, their arguments are very strong.
Fourth, the prosecution put forward a piece of evidence, straight viewing may be unfavorable to the defendant, but from another angle to understand, sometimes can be transformed into favorable evidence.
For example, the threatening letter in this case, the prosecution proposed that the defendant in order to clear himself of suspicion of murder, deliberately forged a threatening letter to a third person. The defense in the face of handwriting appraisal, although it can not deny that the defendant wrote a threatening letter to the conclusion, but the defense proposed that the defendant wrote a threatening letter and the defendant shot to intimidate the victim is not contradictory, but precisely corroborate each other, because the victim's debt to the outside world (including to the defendant) the real existence of the defendant, so the defendant is not likely to be intentional homicide. Visible, the defense should be diligent thinking, good at turning unfavorable into favorable.
Fifth, the defense summary statement focuses on the social guidance effect of the judicial decision, the verdict of this case to a higher level.
Mr. Zhu also praised the defense students for their argument that the defendant's suspension of the crime would encourage more perpetrators to give up the crime. Mr. Zhu thought that this viewpoint of the defense not only focuses on the facts and results of this case, but also sees the positive significance of this case in realizing the general prevention of the criminal law if the sentence of criminal suspension, and this is exactly the viewpoint that can impress the judge, because the judge's sentence should consider both legal effects and social effects.
Finally, Mr. Zhu made a comprehensive discussion and explanation for the students on the determination of criminal suspension and criminal attempt, combined with the details of the whole case, such as the lighting situation in the house, the defendant's physical condition and shooting skills, the location, the shooting position, whether the gun can be fired in succession, the number of bullets, whether the victim was aware of it after the first shot, the calculation of the time for the victim's employees to arrive at the scene, and the distance and time needed for the defendant to leave the scene, and so on. time required, etc.
Before concluding the lecture, Mr. Zhu heartily welcomed the students from Beida to join the lawyers and the criminal defense team after graduation and contribute to the rule of law in the country.
Zhen Zhuo, Director of the Eighth Prosecution Department of the Beijing Municipal People's Procuratorate Branch No. 1, Wang Lina, Vice President of the Criminal Division of the Beijing Municipal No. 2 Intermediate People's Court, and Che Hao, Vice Dean of the Peking University School of Law and Professor of the School of Law of Peking University, also gave wonderful explanations about the case.
After all the lectures were finished that night, Prof. Che Hao, on behalf of Peking University Law School, expressed his gratitude to the lecturers who participated in this Criminal Prosecution, Defense and Trial Practice Course and awarded the lecturers with the appointment letter for external lecturers.
From left: Wang Lina, Che Hao, Zhu Yonghui, Zhen Zhuo.
