On August 14, Mr. Dong, a lawyer in Fushun, Liaoning, was unfortunately killed in a local legal service office. He was 50 years old. The perpetrator was a party to a civil case she represented.
According to the content reported by the local police the day after the incident, the suspect Jin (male, 62 years old, from Shuncheng District, Fushun City) was arrested on the spot. He was dissatisfied with the service of his attorney Dong in the civil case. He stabbed Dong with a knife and died after being rescued by the hospital. At present, Jin has been criminally detained by the public security organs, and the case is under further investigation.
On the morning of the 16th, the reporter contacted an eyewitness at the scene of the crime. She recalled to the reporter what happened when the incident happened. The woman walked out of the legal service office after being injured, and finally fell outside the service station with blood in her neck. After the police arrived, they pushed the suspect to the ground and took him away from the scene.
According to some legal sources, according to the current official case and media reports, the suspect Jin in this case is characterized by intentional injury leading to death or intentional homicide. The most severe results of these two crimes may constitute the death penalty.
Witnesses recalled:
A woman in the legal service office fell down after being stabbed
A thin man was captured on the spot
The owner of a shop more than 100 meters away from a legal service office where the incident occurred recalled to reporters what happened on the day of the incident. The woman, who did not want to be named, said that at about 9 o'clock that morning, she heard the noise outside and walked outside the gate of her shop. She saw a woman covered in blood walking out of the legal service office on the right side of the store. "She fell down after two steps. She didn't have a knife on her body, and her neck was still bleeding." Seeing this, she immediately called 110 to the police.
"We are next to the bus station, and there are many people at the scene." The woman recalled that many people had gathered at the scene she had witnessed. In addition to her, other people also called 110 for the police and 120 for ambulance. The police arrived soon, and placed a short and thin man on the ground in uniform at the scene, and then took him away from the scene.
Ms. Fei, an employee of another store, also confirmed the incident to reporters. "When I went out, I saw police cars and ambulances coming, and there were a lot of people watching."
Earlier, a colleague of the deceased lawyer said in an interview with the media that the lawyer was killed by a client in a recent case she handled and was reportedly stabbed three times. He also mentioned that Mr. Dong was affiliated with Shunqingman Law Firm in Liaoning three years ago, and the location of Shunqingman Law Firm in Liaoning is Qingyuan County, Fushun City. He usually lives and works in the urban area of Fushun.
Police report:
The 62-year-old suspect took a knife because he was dissatisfied with the lawyer's service
Liaoning Fushun City Lawyers Association issued an obituary after the incident. According to the obituary, Dong Mou, a practicing lawyer at Liaoning Shunqingman Law Firm, was unfortunately killed at work on August 14, 2021, at the age of 50.
According to the obituary, Dong graduated from the China Central Radio and Television University and the China University of Political Science and Law majoring in law. He began to engage in legal work in 1999 and obtained the legal professional qualification certificate and lawyer’s qualification certificate in 2011, and he is engaged in full-time lawyer work. He is a member of the Real Estate and Construction Engineering Legal Professional Committee of the Liaoning Lawyers Association, a member of the Fushun Women Lawyers Working Committee of the Fushun City Lawyers Association, a female general lecturer of the Fushun Women Lawyers Working Committee of the Fushun City Lawyers Association, and a public welfare lawyer of the Women's Federation.
On August 15, the Shuncheng Public Security Branch of the Public Security Bureau of Fushun City issued a briefing on the situation. According to the report, at about 9 o'clock on August 14, 2021, a knife-wielding injury occurred at a legal service office in the east section of Linjiang Road, Shuncheng District, Fushun City, causing one person to be injured.
After receiving the call, the Shuncheng Branch of the Public Security Bureau of Fushun City immediately dispatched police to the scene for disposal. The suspect Jin (male, 62 years old, from Shuncheng District, Fushun City) was arrested on the spot, and the victim Dong was sent to the hospital for treatment.
After interrogation, the criminal suspect, Jin, was dissatisfied with the service of his civil lawyer, Dong, and stabbed Dong with a knife. He died after being rescued by the hospital. At present, the suspect Jin has been criminally detained by the public security organs, and the case is under further investigation.
On the same day, the Liaoning Lawyers Association also issued a notice on this matter. At present, the Liaoning Lawyers Association has dispatched staff to Fushun to deal with the aftermath with the Fushun Lawyers Association and relevant departments, and coordinate law enforcement and judicial organs to severely punish the perpetrators in accordance with the law.
Lawyer's interpretation:
The suspect's conduct may amount to the death penalty
According to Lu Yuanhui, a lawyer at the Sichuan Discovery Law Firm, according to the current official report, "Dong was stabbed with a knife and died after being rescued by the hospital." Some media reported that the victimized female lawyer colleague revealed that she was stabbed 3 times. In this case, the suspected crime of Jin Mou was defined as intentional injury leading to death or intentional homicide. The most severe results of these two crimes may constitute the death penalty.
However, in general, the death penalty caused by intentional injury does not necessarily apply directly to the death penalty. For example, the “Implementation Rules (1)” of the Liaoning Higher People’s Court, the jurisdiction where the case occurred, stipulates that “intentional injury causes the death of one person. The starting point for sentencing is determined within the range of twelve to fifteen years of imprisonment," but intentional homicide is not the same.
He introduced that the most critical difference between the two crimes is whether the suspect's subjective mentality and objective behavior can be considered as depriving the victim of life.
Generally speaking, subjectively, it depends on whether the suspect's intention and knowledge content and state at the time of the attack is to deprive others of life, but if from the objective behavior, the suspect used the knife and the specific body parts injured by the knife. Objective behaviors such as the frequency of injury are sufficient to deduce that if the suspect has the intention to deprive others of his life, the suspect may still be held accountable for intentional murder.
The state has issued regulations to protect the rights of lawyers
If there is a public assault or other circumstances, he will be punished severely
"Personal injury in the lawyer industry due to practice activities is one of the common practice risks, but it is not common for lawyers to be killed due to practice activities." Lu Yuanhui said that for the protection of lawyers’ practice, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Public Security The Regulations on Protecting Lawyers’ Rights to Practice Laws issued by the Ministry, the Ministry of National Security, and the Ministry of Justice stipulate: “Where lawyers are insulted, slandered, threatened, retaliated, or personally injured by practicing law in accordance with the law, the relevant agencies shall stop them in a timely manner and deal with them in accordance with the law. , And take protective measures against lawyers when necessary".
According to Lu Yuanhui, the status of a lawyer who injures the attorney will not in itself aggravate the sentencing of the suspect in this case, but generally speaking, the crimes against the victim’s personal crimes have a harsh social impact and the cruelty of the assault method. Factors such as the occasion of the attack will affect the suspect’s severe punishment within the legal range. In this case, if there are indeed circumstances such as open assault and multiple-swords assault, and the case has a bad influence nationwide, it can become a standard for severe punishment.
"I think every lawyer will severely condemn the criminal behavior of the suspect from the emotional point of view." Lu Yuanhui said, from the industry concern, every lawyer hopes that his personal safety in his practice activities can get more attention. And better protection, from the handling of the case, he believes that most lawyers hope that the investigation of the suspect in this case should be tried in a fair manner.