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    Public Lawyers Actively Help Families Get Compensation

    2015/12/11 20:06:00 21

    Public Interest LawyersFamily MembersCompensation

    Cai yonger is a business manager in a logistics company in North Third Ring Road, Xi'an.

    Around four p.m. on January 18, 2015, Yang Xiao, the company's employee Xiao Hong, and his father Yang Quanlai were looking for Xiao Hong to talk about the breakup of the two people. Xiao Hong asked his leader, Cai Yong, to ask for leave.

    Because in the office hours, Xiao Hong is a computer operator, her departure will lead to a lot of work can not be completed, Cai yonger did not agree with his request for leave, and then Xiaohong walked out of the office, and Yang Xiao and his son to explain the situation, but Yang Xiao and his son did not listen to persuasion, insisted on taking Xiaohong to leave, the two sides have a conflict of words.

    Yang Xiao and his son then turned around and left with little red. Cai Yong son stretched out his hand to pull Yang Xiao's father. Yang Xiao then turned around and hugged Cai Yong and fell down, and both sides began to fight.

    Some of the staff of the logistics company came to join in the fight. Yang Xiao stabbed two employees with a spring knife, and then stabbed him with his father's chest.

    After the death of Cai Yong Er, he died (aged 40 years).

    After forensic identification, Cai Yong son was stabbed to death by a sharp instrument and died of pericardial occlusion. The injury of his employees was two seriously injured, and the injury of another employee belonged to grade eight disability.

    Cai Yonger's wife and Cai yonger in a logistics company, because of the sudden incident, the wife did not see how Cai Yong son was stabbed. After she and his workmates took Cai Yonger to the hospital, Cai soon died.

    Cai Yonger and his wife had a son and a daughter, and Cai Yong son had an old mother. After the incident, they did not know the names of the murderers, nor did they know how to make justice for the dead Cai Yong son.

    In April 28, 2015, Cai yonger wife and others were introduced to Shaanxi lawyers and migrant workers.

    Rights protection

    The working terminus applies for legal aid.

    The family members of the suspect did not give them any financial compensation. Sun Rong, a lawyer in charge of the case, deeply sympathized with Cai Yonger's murder and his family's situation.

    Sun Rong immediately contacted the director of the workstation. The legal aid application of CAI yonger's wife and family was immediately approved, and the aid lawyer quickly intervened in the case.

    After Sun Rong's supplementary investigation case, the case was pferred to the procuratorate to prosecute the intermediate people's Court of Xi'an, which is more than four months away from the incident.

    The case was heard publicly on the first day after the national day of 2015.

    Yang Xiao, the defendant's lawyer, suggested that the victim, Cai Yong son, had a major fault in causing the case. He first started hitting Yang Xiao.

    Excessive defense

    Yang Xiao is a first offender and an occasional offender. He has a good attitude towards confession and a slight subjective malignancy.

    Cai Yonger's wife sobbed with the thought of her dead husband.

    assistance

    Lawyer

    Immediately appease the family's excitement and ensure that the trial can be carried out smoothly.

    First, the victim, as a company leader, has the right to decide whether to allow employees to take leave, which is a normal duty behavior to prevent Yang Xiao from taking away his girlfriend Xiao Hong at work time.

    How to play the surveillance video from court to fight should be broadcast in court to restore facts.

    Second, Yang Xiao fled the scene after intentional injury. During the period, he did not report to himself. His girlfriend Xiao Hong did not call the police. Yang Xiao was arrested by police officers directly into his residence. His behavior did not constitute a surrender.

    Third, according to the relevant judicial interpretation, the lighter punishment for the first offender and the offender is only applicable to cases involving minor crimes and minor criminal cases. It is not applicable to this case. Yang Xiao carries around the control knives, stabbing many people with a knife because of a contradiction, causing one person to die, one person to be seriously injured, one person to be injured, serious consequences, and no application for lighter punishment.

    The presiding judge arranged for the two hearing in October 16, 2015 to conduct cross examination of surveillance videos.

    The second hearing, the cross examination of surveillance video is very important to this case.

    According to the video surveillance video, the victim Cai Yonger did not take the initiative to stir up trouble and start hitting people. Yang Xiao stabbed a lot of people with a dagger. His behavior was obviously intentional and not defensive. The defense reason of Yang Xiaoshu's defense that the defense lawyer put forward was untenable.

    In November 16, 2015, the intermediate people's Court of Xi'an made a first instance judgment, sentenced Yang Xiaofan to intentional injury, sentenced to death, suspended for two years, deprived of political rights for life, and Yang Shaw compensated the economic loss of Cai Yonger's family member by 28804.9 yuan.

    After nearly a year of investigation, evidence collection, multiple court hearings and mediation, the assistance lawyer has done a lot of work on filing, hearing, communication and coordination, and appeasing the emotions of the victim's family members to avoid the expansion of the situation and losses.

    The defendant was given due legal sanction. The family members of the victim were very satisfied with the work of the aid lawyer. He thanked them for sending the banner "the close heart of migrant workers to defend the defenders of the law".

    (the parties are pseudonyms)


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