Recently, King&Capital Law Firm lawyer Chen Deling represented the Ministry of Justice legal aid case --- Peng Moumou intentional homicide death penalty review case is concluded, the Supreme People's Court does not approve the second trial court to maintain the death sentence of the criminal verdict, ruled to revoke the original verdict, and remanded to the court of second instance for retrial.
Defense lawyer Chen Deling accepted the assignment and promptly went to the Supreme People's Court to copy the case file and met with the defendant Peng Moumou. The case is relatively clear, because of the victim LiMou debt not pay, the defendant PengMouMou find the victim LiMou, two people because of the debt problem conflict, cause the victim LiMou death.
The defense reviewed all the case file materials and combined with the first instance verdict and the second trial ruling, the case file has been carefully analyzed, that the defense focus on whether the case can be identified as surrender and the victim is at fault.
The defender believes that the second trial ruling on the subjective will in the determination of the role of the surrender of improper grasp, should be determined according to law that the defendant peng moumou has the circumstances of the surrender; the victim li mou debt led to the occurrence of this case, the victim li mou has a certain degree of fault. The defense comprehensive above, put forward the defendant pengmoumou's death penalty should not be approved, and submitted a detailed defense. In the end, the Supreme People's Court adopted the defense opinion of finding the circumstances of surrender and ruled that the defendant's death sentence should not be approved, and sent the case back to the court of second instance for retrial.
For legal aid cases, Mr. Chen Deling strictly controls the quality of the process, through the meticulous analysis of the evidence and materials in the case and the exploration of the legislative intent, and puts forward justified defense opinions, so that the case has achieved good results.