Recently, Mr. Ma Lixi received a criminal ruling from the Supreme People's Court that the death penalty was not approved in the case of Hu's intentional homicide. After two levels of court trials in which the death penalty was imposed in the first instance and upheld in the second instance, the Supreme People's Court ruled in the death penalty review stage that the second instance ruling should be revoked and the case should be sent back to the Higher People's Court of a certain province for a new trial. Ma Lixi always insists on the specialization and refinement of the defense style, and implements the craftsmanship in criminal defense. This case is Ma Lixi lawyer for the first time for the death penalty case to provide defense, from the results of the case from the viewpoint of the defense of the supreme people's court affirmed. Hu Moumou to get an effective defense, in particular, the desire to live can be realized.

Facing a dilemma

Two levels of the court ruled that hu moumou guilty of intentional homicide was established, the result is the death penalty. From the objective facts of the case, the seriousness of the act itself (first with a single-edged sharp knife, after the handle broke, replaced with a kitchen knife), the results of the act of the tragic degree (head, face, abdomen, intestines, stomach are ruptured), these circumstances can be said to be no breakthroughs that do not approve the death penalty. The circumstances of pleading guilty and voluntarily compensating for some of the losses were also not used by the courts of first and second instance as a basis for not applying the death penalty. The defense of such cases seems to be in a quagmire.

Rising to the Challenge

In practice, defense lawyers often take over the defense of second trial cases, even complaint cases or death penalty review cases. Before the intervention of different defense lawyers, there are different judicial organs and their staff to review, gatekeeper. The same as the law, in addition to the individual factors such as heard the order of the subtle difference between, knowledge, experience, etc., as long as the most basic but slightly rare serious, responsible, each other can be said to have no obvious difference. Ma LiXi lawyer as the death penalty review stage of the defense lawyer intervention case, through comprehensive, detailed, repeatedly read the file, as well as meet with the serious sorting, integration of all the case, outside the case factors, found a reliable, not approved the death penalty of the turnaround.

The solution to break the deadlock

Under the past fait accompli, accept the commission for the case, the only way to all previous legal thinking for the foundation and not be limited, standing on the shoulders of the former, or to break the original case handler's thinking, or deepen, refine the original defense point of view, so that may find a breakthrough strategy.

Ma Lixi lawyer took over the case, both broke the previous case officer is guilty of minor defense/review thinking, adhere to the evidence to speak, sorting out the possibility of innocence, there is relatively true, sufficient evidence to prove that not criminally liable for the evidence system and structure. And the original defense attorney's defense views to deepen and refine the integration. Put forward “there is relatively true, sufficient evidence to confirm that Hu Moumou case when the mental state of problems” “surrender should be recognized” two major blocks of conviction and sentencing defense, through the digging of the evidence in the case of subtle, detailed argumentation. As the saying goes, the effort does not fail, pay often echo. Hu Moumou's life is saved, the defense lawyer's goal is achieved.

Conclusion

An uncomplicated case of intentional homicide, the defense totaled 8 pages, 5463 words. And completely based on the evidence in the case of the defense point of view in detail, deepen the argument, the defense of each word has been repeatedly carved, perfect, and strive for the perfect argument, clear-cut level, with the right words, accurate and error-free.

As a defense attorney often think, an effective defense, the judicial authorities to give in line with the party and the defense attorney expected referee, not only for the facts of the case and the party, in fact, there is a defense attorney for the “attitude points. Such a referee not only gives the party concerned the opportunity, but also gives the defense attorney to be sure. As a defense attorney, only by adhering to the pursuit of excellence, not to live up to the spirit of the case, we may be in one after another to take over the case, to give the client a best explanation, but also the perfect interpretation of the value of the defense attorney.