The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 186 Lawyers really don't have a good thing!

And her voice just fell.

On the prosecution bench.

Chen Daoguang, who was sitting next to the prosecutor, couldn't hold back again, and taunted: "Not guilty?"

"You actually said you were innocent?"

"How do you have the face to say that you are innocent?"

"It's not that you took out a jackknife and committed the crime. How could my son and the other three be dead or injured?"

"You are simply a heinous sin!"

When it comes to this paragraph.

His eyes were red, and the macho was in tears.

a man...

He couldn't bear the pressure anymore, and seemed a little choked up.

Huang Lan's words...

It hurt him deeply.

It made him feel extremely piercing and chilling.

In front of the living life...

Huang Lan has no remorse or shame.

What made him even more chilling...

And the so-called public prosecutor around him didn't take into account the pain of his bereavement at all.

It is only recommended to be sentenced to eight years in prison!
"quiet!"

in court.

Zhou Quanmin stared at Chen Daoguang closely, and yelled again: "Please abide by the order of the court, and you are forbidden to speak before it is time for you to speak!"

The bailiff saw it.

Also stepped forward to warn immediately.

Seeing this, Chen Daoguang lowered his head and stopped cursing.

……

at the same time.

Jincheng.

nursing home.

Dozens of elderly people are gathering in the yard, watching the projection screen in front of them intently.

The picture played on the screen...

It was the live broadcast of the second criminal court trial.

Wang Dachui was in charge of projecting the screen of the trial website.

There were too many people participating in the trial this time.

The groomsmen and bridesmaids, the bride and groom, the wedding guests, etc. were involved. Dozens of people from Chenjia Village rushed to the court hearing.

The auditoriums of Zhang Qingyuan and others are full on weekdays.

"This man...should be the father of the deceased, right? He was so daring, he even dared to scold the public prosecutor."

"I have seen so many criminal trials, and this is the first time I have seen someone dare to anger the prosecutor."

"This case is really exciting. The only regret is that I couldn't go to the scene."

"The group of women in the auditorium is probably not a fuel-efficient lamp. Just now they made a scene in the courtroom, and they couldn't stop it without the bailiff."

"..."

Zhang Qingyuan and others sat on the bench.

Looking at the picture on the projection screen, I was very excited.

voices of discussion...

It is also much larger than when I was in the auditorium.

Watching the trial in a nursing home, they don't have to obey as much court discipline.

Call when you want to talk, talk when you want to talk, stand up when you want to stand up.

Freedom is relatively high.

however……

The women in the live broadcast are obviously not very disciplined.

They have been whispering and whispering.

The surrounding bailiffs were full of vigilance and kept staring at them, warning them several times.

But it still can't stop them from complaining and communicating.

At best, it's just a little quieter.

In their eyes...

There is no court order, and you still have to speak when you should speak.

"Huh? So many of you gathered here, what are you looking at?"

suddenly.

Vice President Wan Zhongyuan who happened to be passing by saw the lively scene in the yard and walked over curiously.

"It's like this. Qin Mu recently defended a case and is participating in the trial, but the auditorium is full..."

Wang Dachui on the side hurried forward and said.

"What case? What defense?"

Wan Zhongyuan's expression brightened slightly, and he couldn't help asking.

Qin Mu's strength...

He is there for all to see.

Since helping him solve the related issues of the bride price case, he has not been idle for a while.

The bank case, the bear rowing car case, the auto parts case...

Every once in a while, the media in Jincheng would make a sensation, rushing to report on cases related to Qin Mu.

And for this reason, the general public is warned not to break the law and discipline.

It can be said……

Qin Mu is now using his own efforts to reduce the number of crimes in Jincheng.

At least……

There is a lot less on the surface.

All walks of life never dared to be so rampant again.

He went to the bank to do business two days ago, and obviously found that the bank's business efficiency has improved a lot.

I don't know if it's an illusion.

Especially after knowing that he is the vice president of a nursing home...

It seemed that there was still some panic, and even the internal manager was alarmed.

"This case is a marriage case. The bridesmaid's defense resulted in one death and three injuries. The direction of the defense is... the defense of innocence."

Wang Dachui gave a wry smile, and briefly explained the case.

in fact.

He was also taken aback when he learned of Qin Mu and Zhang Wei's prepared defense direction.

as a lawyer.

He originally thought that the defense in this case was excessive defense at best, and he tried to reduce the sentence as much as possible, but Qin Mu pointed out the direction of unlimited defense!
To know.

The origin of the unlimited right of defense has a long history, but the difficulty of defending it is extremely high.

Over the past few decades, only a dozen cases have been recognized with unlimited defense rights, successfully defended as innocent, and do not need to bear criminal responsibility.

"They're all dead, how can you plead not guilty?"

Wan Zhongyuan's eyes widened and he became even more curious.

Simply moved a small bench.

Sitting next to Zhang Qingyuan and others, he watched the live broadcast.

……

Zizhou.

A high-end neighborhood.

Qing Lan was bored, lying on the bed and playing with her mobile phone.

When there is no live broadcast at ordinary times...

Except for shopping with her girlfriends to buy food and buy food, she always stays at home.

Either play games or follow dramas.

But today...

She played several games in solo queue, and fell directly from Silver Five to Bronze One.

Completely broke her defense.

The teammates in the low-end rounds may not have very good laning skills, but they are indeed good at spraying people.

Keep sending her best regards of all kinds.

"Sure enough, food is the original sin in e-sports."

She sincerely sighed.

Close the game immediately.

"By the way, Up seems to say that today he will participate in a lawsuit..."

Followed by.

She suddenly remembered that Qin Mu seemed to be involved in a lawsuit today.

For this lawsuit...

Qin Mu had been preparing for the past few days, so he didn't have time to play black games with her.

Subsequently.

She logged on to the website and opened the live trial website.

I saw the words "one death and three injuries" in the title at a glance, and quickly clicked in.

The trial at this time...

The public prosecutor has finished his statement, and the defendant Huang Lan has also made a corresponding defense.

The trial stage has entered the link of proof and cross-examination.

One of the prosecutors stepped forward and presented a series of evidence.

There are testimonies of Huang Lan during her detention, the pocket knife used in the attack, witness statements, injury identification certificates, death certificates, video recordings, etc.

The above-mentioned evidences are all reasonable and lawful, inspected and collected through proper channels.

Marriage and others...

They also went to court one by one and accepted the in-court investigation of the collegial panel.

Sitting in the middle of the court, Zhou Quanmin looked at the dozen or so young people who were getting married that day, and asked in a deep voice, "You all participated in this case that day, what was the situation like then?"

One of the young men immediately pointed to Huang Lan and said, "At that time, we just wanted to be more lively, help us get married, and make the wedding more festive. The other bridesmaids didn't say anything, but she didn't cooperate at all."

"We have been struggling throughout the whole process, and we have also estimated her feelings, and we have not focused on her."

"As a result, she suddenly took out the pocket knife she carried with her and stabbed us indiscriminately."

"Brother Quan, who was closest to me, was stabbed several times in the chest, and several other people were also stabbed many times."

"Brother Quan bled to death when he was sent to the township hospital..."

The troublemaker's face was full of resentment.

He has been staring at Huang Lan, thinking that Huang Lan has made a fuss over a molehill.

If Huang Lan had been more cooperative...

This kind of thing won't happen.

"Marriage?"

Qing Lan couldn't help frowning when she heard the testimony of the troublemaker.

She is from Jincheng.

For the custom of getting married...

Very disgusted.

The city is okay, relatively civilized, just a symbolic noise.

But in the surrounding countryside, this bad habit is getting worse.

"nonsense!"

in the dock.

Huang Lan suddenly couldn't listen any longer, her face flushed with anger.

Facing the troublemaker, he retorted: "At that time, you tore up the clothes of our bridesmaids, and... you even touched them. Is this just too much?"

But the troublemaker snorted coldly: "Which family's marriage is not like this?"

"You have poor mental capacity, how can you blame others?"

"This is just a joke with you, how could you know that you can't even take a joke!"

that's it.

Huang Lan and the troublemaker publicly questioned and argued in court.

This situation...

Conflicts between the two testimonies are within the allowable range of court discipline.

The judge did not prevent the two from questioning each other.

"So that's how it is..."

Qing Lan listened to the conversation between the two, and quickly understood the whole story of the case.

She belongs to join in halfway.

Qin Mu had never disclosed the details of this lawsuit to her before.

did not expect……

The incident of one death and three injuries actually happened during the marriage.

"Boom-"

The two defended after a few minutes.

Only then did Zhou Quanmin strike the gavel, interrupting the two people's cross-examination of this testimony.

Simultaneously.

Then each piece of evidence was verified one by one.

And the clerk is on the sidelines...

He wrote furiously and tapped on the keyboard to record the trial status of the case.

……

Jincheng.

Second Criminal Court.

two hours later.

Evidence and cross-examination are officially over.

After reviewing each key piece of evidence.

Zhou Quanmin glanced down, and said in a deep voice: "Next, let's move on to the next session, the debate in court."

"Both the public prosecutor and the defendant will debate around the core focus of this case, unlimited defense rights."

The voice just fell.

in the dock.

Zhang Wei, who had been preparing for a long time, stood up and said loudly: "Respected presiding judge, judges, and jurors, first of all, let me declare that our defense point of view is not disrespectful to the deceased."

"Our defense this time is only to safeguard the legitimate legal rights and interests of our own parties and to demonstrate the dignity of the law."

"We believe that in this case, our client Huang Lan's defense caused one death and three injuries, which is the legitimate exercise of unlimited defense rights. Although the damage caused by it is great, it is still within the scope permitted by law."

"Therefore, we always believe that our party is innocent."

With a calm demeanor, Zhang Wei first stated his point of view.

Then he glanced at Qin Mu in the auditorium.

Take a deep breath.

Seriously said: "First, we believe that in this case, the behavior of our client fully complies with the conditions for exercising the unlimited right of defense in the criminal law."

"The Criminal Law clearly stipulates that the unlimited right of defense refers to the right of citizens not to be held criminally responsible for any consequences of their defensive behavior without the necessary limit requirements for their defensive behavior under certain specific circumstances."

"It has five elements, which are violent crime, the crime is in progress, the purpose of exercising rights is for self-defense, the target is also a married man who is committing a violent crime, and we are also a victim of a violent crime."

"Combining the above five elements, our client was suffering from violent and obscene acts at that time, and his right to physical freedom and personal dignity were violated by illegal violence. reject……"

"After the refusal was fruitless, I took out the folding knife I carried with me and defended. All of the above are in line with the constituent elements of unlimited defense rights."

at this point……

It was Qin Mu who discussed it with him.

Interpretation of the constituent elements of the criminal law regarding the unlimited right of defense.

From this point of view, the unlimited right of defense meets the constituent requirements and should be established.

"Second point, the actions of the troublemakers are serious violent crimes."

Followed by.

Zhang Wei went on to elaborate on his defense point of view: "At the wedding scene, they ignored the personal will of the bridesmaids and carried out behaviors such as pushing, tearing, touching, etc., which seriously violated the personal freedom and personal dignity of the bridesmaids."

"According to the legislative principle of the criminal law on the unlimited right of defense, what the unlimited right of defense requires is...to protect the personal safety of individuals, that is, human life, health, sexual rights, etc."

"And our client's personal dignity and sexual rights were seriously violated under the circumstances at that time."

"Imagine how helpless a few weak women must be when they are confronted with a dozen young guys who are salty, violently pushing, and tearing at each other, and they will use this method to defend themselves."

"The other party's behavior was a violent crime. Our self-defense behavior did not violate any laws and regulations, and it also conforms to the criminal law's legislative principle of unlimited defense rights!"

Zhang Wei's voice was sonorous and powerful.

Continue to develop around the unlimited right of defense, trying to prove the legitimacy of one's own side from all aspects.

The case wants to be innocent...

It must be recognized by the legitimate exercise of the unlimited right of defense.

And the legislative principle concerning the unlimited right of defense...

At the beginning of its establishment, it was to protect the personal rights of the weak from infringement.

This personal right is limited to the person, and does not include property rights, reputation rights, etc.

That is to say, other people's abuse, insult, slander, etc. cannot exercise the unlimited right of defense.

Even if you run into a thief, you cannot beat the thief to death without endangering your personal safety.

These do not belong to unlimited defense rights.

Protected by unlimited defense rights...

Personal safety only.

And in this case...

There is no doubt that the personal safety of the bridesmaids has been seriously threatened.

"Thirdly, from the history of the unlimited right of defense, this civil right has a long history."

"In ancient times, the unlimited right of defense was originally set up to protect citizens' property rights from infringement."

"Article No. 12 of the Eighth Table of the "Twelve Tables Law" enacted by ancient Rome stipulates: If the night robbery (in situ) is killed, it is considered legal to kill (him)."

"Our country's "Zhou Li · Qiu Guan · Chaoshi" stipulates that it is not a crime for thieves to kill soldiers, villages, towns and family members. That is to say, it is not a crime to kill anyone who steals or kills in the army, township, town and other people's homes."

"The "Laws of the Tang Dynasty" also stipulates that anyone who enters someone's house at night without a reason should be punished with forty strokes of the cane. If the master kills the person immediately, the master is not guilty."

Then go on.

Zhang Wei continued to explain his defense point of view, these materials were prepared by Qin Mu.

Involves the basic principles of ancient and modern legislation.

since ancient times.

There is unlimited defense.

In ancient times, anyone could act chivalrously and kill criminals, and the government would reward them accordingly.

Originally from property...

Gradually evolved to today's protection of personal safety.

"Civilization is evolving, from the protection of property to personal safety, which reflects the progressive nature of the law."

"but……"

Zhang Wei held his head high, looked at the prosecutor, and said in a deep voice, "But now, the unlimited right to defense has become a dead letter!"

"A legal provision written in the criminal law that should be effective, but rarely used to protect the personal safety of victims, has existed in name only!"

"Recalling the judicial cases in the past 20 years, most of the similar cases were judged as excessive defense."

"The most famous case is the case of Deng Yujiao. The collegial panel at the time pronounced the verdict in court. Deng Yujiao's behavior constituted the crime of intentional injury, but it was excessive self-defense. Moreover, Deng Yujiao's capacity for criminal responsibility was limited and she surrendered herself, so she was exempted from punishment."

Zhang Wei took another deep breath.

It brings up a famous case more than ten years ago.

Deng Yujiao was an employee of a bathing center.

One day, when she was forced by Huang Dezhi and Deng Guida to take a bath with her, and when she refused, she stabbed Deng Guida to death and Huang Dezhi stabbed her to death. .

As a result, he was prosecuted by the procuratorate for excessive self-defense.

For this case, Deng Yujiao's defense lawyers also actively defended her around the unlimited right of defense.

It has always been determined that Deng Yujiao's actions belonged to unlimited defense, and within the limit permitted by law, there is no problem of excessive defense.

result……

The local court heard the case.

But still made a judgment of excessive defense.

Deng Yujiao was still sentenced to be guilty, but various commutations and lighter sentences were added, so she was exempted from punishment.

this case.

In judicial practice, it has a significant impact.

It also had an extremely bad impact on the social atmosphere in the following ten years.

Leading to many people facing unlawful infringement...

Dare not fight back.

For example, someone slapped Zhang San, but Zhang San didn't dare to fight back.

Because the fight was won, it was a fight, both parties were detained, and they had to compensate the other party for their medical expenses.

If he loses, he will be beaten again, and the other party does not need to bear criminal responsibility.

This is the obvious dare not defend.

When dealing with violent crimes...

More people choose to swallow their anger, for fear of killing the other party with a punch, and then kneel down and beg him not to die.

Deng Yujiao's case is an obvious precedent.

It is obvious that he can be sentenced to innocent for exercising the unlimited right of defense, but he is still sentenced to the crime of intentional injury and negligent death, and is exempted from punishment.

"The legislative guiding ideology of the unlimited right of defense is to protect the personal rights of others, and it must not be superficial."

"I therefore hope..."

At last.

It took Zhang Wei 10 minutes to state his point of view.

Returned to the bar.

And in the auditorium.

Liu Mei and the other women were full of bewilderment, as if they were listening to a scripture from heaven.

The defense that Zhang Wei said just now...

They didn't understand a word.

Looks like there's another case involved.

"Did this lawyer go off topic? Having said so much, what is the unlimited right of defense?"

"I don't care what the unlimited right of defense is, I know that killing people pays their lives and debts are paid back. This is a matter of course!"

"Yes, today the court must sentence Huang Lan to death!"

"Lawyers really don't have a good thing. I guess they want to use this kind of nonsense method to get rid of the crime!"

"..."

Liu Mei and the others whispered to each other and kept communicating.

The more I think about it, the more I feel that Zhang Wei is very hateful.

The sound is also getting louder.

It drew another warning from the bailiff.

And Qin Mu sat in a corner of the auditorium, listening to their exchange, shook his head helplessly.

in fact.

Zhang Wei's defense was very exciting.

The whole process revolved around the unlimited right of defense, and classic cases from more than ten years ago were also put forward as evidence.

If it was said that "you didn't hit it, why did you help me", it led to not being able to do good deeds.

Then the case of Deng Yujiao...

It directly caused the victim to swallow his anger and dare not fight back violently.

Although Deng Yujiao did not have to go to jail in the end, she was still found guilty, but she was exempted from going to jail.

The court at that time...

In any case, it refuses to judge the legitimate exercise of the unlimited right of defense.

This has led to significant changes in the atmosphere over the past ten years.

at the same time.

On the prosecution bench.

After hearing Zhang Wei's defense, a public prosecutor also stood up: "The other lawyer said that the constituent elements of unlimited defense rights are all met, and we disagree."

"The reason why our court judged it as excessive defense is only because it regards the behavior of the troublemaker as an illegal infringement, not a violent crime in the unlimited right of defense."

"The requirement of unlimited right of defense refers to the act of defense against an ongoing assault, homicide, robbery, kidnapping, and other violent crimes that seriously endanger personal safety, which causes casualties to unlawful infringers. responsibility."

"However, although the act of arguing about marriage is bad, it is not serious enough to be equated with violent crimes that endanger personal safety such as murder, robbery, and kidnapping, and it should be regarded as an illegal infringement."

"In addition, Huang Lan carried a folding knife with her and stabbed the deceased Chen Quan nine times in a row."

"She could have simply waved a jackknife and yelled at the other party to retreat, but she was excessively self-defense and stabbed continuously. Her behavior should be classified as excessive defense."

"and also……"

The public prosecutor took his time and refuted Zhang Wei's defense points one by one.

Justifiable defense and excessive defense are aimed at unlawful infringement.

The unlimited right of defense is aimed at violent crimes.

The two are different in nature and point to very different behaviors.

(End of this chapter)