Case Introduction:

On a winter night in 2017,Duan and several of his friends had dinner together,and after three rounds of drinking,several of them chatted happily.They planned to go to a lobster restaurant for a"second scene".After several people drove to the lobster restaurant,they met Tian and others who were passing by after a dinner with their company colleagues.The two sides had some communication due to parking space issues.Originally,this was a beautiful evening,and both parties came back from a dinner with their friends or colleagues,"Both of them should be in a good mood,but it may be because both of them were a bit drunk and spoke freely.First,there was some argument,which escalated into a push.During this period,Duan was pushed to the ground by Tian,and Duan was very angry.After getting up,he used his strength to brandish a punch in Tian's face.Unexpectedly,this punch made Tian hit a hard object on the head,causing brain injury,and later died after being rescued.".After the incident,Duan did not escape,waiting for the police to arrive and following the police to the public security organ for investigation.The public security organ detained Duan for intentional injury leading to death.

Case handling process:

"Duan's sister,who was attracted by his name,found lawyer Chen Kai.She believed that his younger brother Duan had fought with someone and killed them.She said that Duan was usually easygoing and didn't believe Duan would do such a thing.Without knowing the details of the case,the whole family,old and young,were all anxious like ants on a hot pot.".After accepting the entrustment,Lawyer Chen met with the defendant at the first time to understand the case.According to the behavior of the suspect,he actively communicated with the case handling authority and assisted the suspect's family to actively negotiate compensation for the victim's family,and obtained the understanding of the victim's family to Duan.During the review and arrest process,Lawyer Chen Kai fully communicated with the prosecutor.The Nanjing People's Procuratorate was listening to the opinions of the defense lawyer and approved the arrest of Duan based on the case and the autopsy report,claiming that the person died due to negligence.After receiving the arrest notice,Lawyer Chen Kai,under the guidance of Lawyer Liu Ruxiang,Director of the Criminal Business Department of our institute,filed an application for review of the necessity of detention with the Nanjing People's Procuratorate in accordance with laws and regulations such as the Criminal Procedure Law of the People's Republic of China,the Criminal Procedure Rules of the People's Procuratorate(for Trial Implementation),and the Provisions of the People's Procuratorate on the Necessity of Detention,After filing the case,Lawyer Chen Kai repeatedly communicated with the case handling unit.In combination with Duan's initiative to submit the case and truthfully state the facts of the crime,he has compensated for the losses of the victim,obtained the victim's understanding,had a good attitude of confession,and had a profound attitude of repentance.The Nanjing People's Procuratorate proposed to the case handling unit to change the mandatory measures,and successfully changed Duan's mandatory measures to obtain a guarantor pending trial.

After the case entered the trial stage,the Gao Peng criminal defense team discussed the case,analyzed the defense points,and found that Duan had reported other clues to the case,which led to the case being resolved.Lawyer Chen and his assistant Wang Ruijuan applied for a court investigation to determine the fact that Duan had rendered meritorious service.The two defendants expressed their defense opinions from such aspects as the accidental nature of the case,the victim's responsibility for the initiation of the case,the defendant's defensive ability to punch the victim after being pushed down,the defendant's voluntary surrender,meritorious performance,and the defendant's active compensation and understanding from the victim's relatives after the incident,imploring the court to mitigate the punishment.Finally,the court sentenced the defendant Duan Mou to commit the crime of causing death due to negligence and sentenced him to two years'imprisonment below the statutory sentencing range.

Legal provisions:

Article 233 of the Criminal Law:Whoever causes death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;If the circumstances are relatively minor,he shall be sentenced to fixed-term imprisonment of not more than three years."If there are other provisions in this Law,those provisions shall prevail.".

Chen Kai

Lawyer

Partner and Deputy Director of the Criminal Department of Beijing Gaopeng(Nanjing)Law Firm,member of the first batch of criminal professional talent pool of Jiangsu Provincial Lawyers Association,member of the Cultural Publicity Committee of Jiangsu Provincial Lawyers Association,and member of the Criminal Law Committee of Nanjing Municipal Lawyers Association.Jiangsu Radio and Television Group's"Rule of Law Online"and"Gao Shuang Shuo"columns comment on lawyers.He has worked in the judicial administration system for many years,engaged in legal work,with a wide range of knowledge,solid legal knowledge,rich practical experience,and many successful cases.He has handled intentional homicide cases,negligent death cases,fraud cases,rape cases,and other violent criminal cases,and won the third prize in the 2002 Nanjing Municipal Bureau of Justice Lawyer Speech Competition.

Wang Ruijuan

apprentice lawyer

As a trainee lawyer at Beijing Gaopeng(Nanjing)Law Firm,he graduated from Lanzhou University and has been engaged in forensic work in a court in Nanjing for many years.He is familiar with various cases,especially the handling process of criminal cases.After entering the law firm,he has devoted himself to criminal defense work.Under the leadership of guidance teachers and criminal defense teams,he has participated in handling more than ten major criminal cases such as intentional homicide cases,negligent death cases,fraud cases,rape cases,and has worked diligently Assiduous and enthusiastic.

(This article is translated by software translator for reference only.)