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

Chapter 187 The word innocent is too heavy!

Any defensive action...

There are necessary limits.

There is only an unlimited right of defense, without this limit, any consequences caused by the defender will not be subject to criminal responsibility.

The point raised by the prosecutor...

It is also based on the judgment of the incident of one death and three injuries that it was defined as a negligent defense causing death, not a bad homicide.

to this end.

The public security organs specifically investigated the social relationship between Huang Lan and the deceased Chen Quan and others in detail.

It was discovered that they had never known each other before they got married.

The public security organ also conducted a detailed investigation, and finally determined that Huang Lan was not suspected of intentional murder.

Folding knives are also not classified as controlled knives.

Ordinary people can carry it with them.

There is no question of illegality.

The reason why this happened...

It was also caused by illegal infringements such as making a fuss at the wedding.

"We do not agree with the statement of the other party's prosecutor."

Zhang Wei from the lawyer's seat took a deep breath and said in a deep voice: "Our client encountered an unexpected situation at the time, and the forced violence that was a crime of obscenity seriously violated the right to personal safety and should be judged as a violent crime rather than an illegal infringement. "

"According to the relevant provisions of the Criminal Law, illegal infringement needs to be harmful to society, which refers to infringement that does not comply with the law."

"It means that as long as it is illegal and intrusive and may cause harm, it is an illegal infringement. Compared with violent crimes, it has obvious minor characteristics."

"Violent crimes refer to a series of crimes that endanger personal safety caused by violent behavior. In this case, the behavior of the married couple constituted a crime of indecency, endangering personal safety, and violent behavior..."

In front of the prosecutor.

Zhang Wei talked eloquently, expounding his own point of view.

And refute the prosecutor's point of view one by one.

From legal articles to jurisprudence, and then to legislative thinking, the principles of nature and human feelings, and public order and good customs.

Especially for the behavior of marriage...

The original origin of marriage troubles, and now the phenomenon of committing crimes and selfish desires in the name of marriage troubles is made public.

The shameless and obscene nature of the troublemaker was reprimanded in court.

The voice just fell.

Before the prosecutor had time to refute, Chen Daoguang next to the prosecutor's seat couldn't sit still again.

Stand up abruptly.

He sneered and retorted: "Nonsense! Ours is obviously an ordinary marriage, how did it become a violent crime?"

"Dare you want to smear the marriage into a violent crime, so as to remove the suspicion of this murderer!"

"Every family is getting married like this, why do you say we are a crime?"

"You lawyers, you have dark hearts, and you actually turn black and white here, pointing a deer into a horse!"

"Pooh!"

"When my son dies someday, I'll see if you can still say these words so calmly!"

I saw Chen Daoguang pointing at Zhang Wei's nose and constantly blaming him.

Furious.

In his opinion.

Getting married is just a joke of the younger generation, but Zhang Wei insists on elevating this joke to the level of violent crime.

Obviously wanting to help Huang Lan get rid of the crime.

"Participants, please watch your words!"

Zhang Wei has not responded yet.

The public prosecutor couldn't help frowning, and said in a deep voice: "This is a courtroom. Although it is a free debate session, it is forbidden to attack others personally when speaking!"

this stage.

It is a free debate after cross-examination, and everyone on both sides has the right to speak and express their views.

Chen Daoguang's speech was also within the allowed range.

but……

His speech has nothing to do with the debate.

They are attacking each other the whole time.

"What happened to my words?"

Chen Daoguang heard the words.

Turning around, looking at the prosecutor on his side, he said dissatisfiedly: "What he said is wrong, can't I refute it?"

"The judge also said just now, now it's the debate session, can't I just say a word?"

"The judge didn't say anything. The emperor is not in a hurry. Why are you eunuchs in a hurry?"

"you……"

The prosecutor was speechless at his unreasonable words.

flushed.

"Boom-"

in court.

The judge couldn't stand it anymore, and rang the gavel.

Shen Sheng said: "The court is a solemn place of law. You can participate in the debate, but please express your views effectively and don't make jokes."

Chen Daoguang listened.

He snorted coldly, and looked at the prosecutor mockingly.

The prosecutor was so angry that he trembled all over.

Then he looked at Zhang Wei again, and began to refute in a decent manner.

"I have three objections. First, it's like this in our village. Every household has to get married. This is a wedding custom, just like having a best man and a bridesmaid at a wedding."

"For more than ten years, every family in the village has been married in this way. I also had trouble at the beginning, and nothing happened, so the problem is all with this murderous bridesmaid!"

"Second point, we are getting married, it cannot be a crime no matter what!"

"Have you ever seen a crime so blatant? Have you ever seen a crime committed in broad daylight? How can this be a crime?"

Having said that.

He also marveled at his debating skills, feeling that he played very well.

The more he said, the more he said: "The third point, since ancient times, it is only right and proper to pay debts and pay for life, and if you kill someone, you have to pay the price. Otherwise, what is the law?"

"You lawyers, even if you have received money from others, you can't turn black and white and file a lawsuit against your conscience."

"This will be punished!"

After speaking.

He returned to his seat and said to Zhou Quanmin, "Okay, I've said everything I need to say."

"You pay for your life if you kill someone. It's impossible for you judges not to know."

"I hope you will not be deceived by this lawyer's rhetoric and make a correct judgment."

And what he did...

It directly caused the entire court to be silent again.

On the prosecution bench.

The two prosecutors looked at each other and looked at each other.

They have prosecuted many cases.

This is their first time...

Seeing that the victim was so arrogant, he dared to point out the situation to the presiding judge and others.

And the argument just now...

It seems to have talked about three points, but in fact, none of the legal provisions, legal principles, and legislative ideas have been involved.

It was completely a spat between country women.

Strictly speaking.

What you said is the same as Bai said, you can neither attack the other party's point of view, nor defend your own point of view.

But Chen Daoguang was still complacent, thinking that his "debate" was very exciting.

And at the bar.

Zhang Wei also widened his eyes, looking at his "opponent".

Other than shock.

He couldn't help but fell into deep thought.

After Chen Daoguang opened the court, he was angry with the prosecutor at first.

Then he was angry.

Just now……

He also gave pointers to the collegial panel represented by Zhou Quanmin and others.

It can be said that Chen Daoguang has now become the biggest variable in the trial.

He thought that he had brought so many defendants, so he could be regarded as well-informed.

did not expect……

A mountain is higher than a mountain.

His behavior of not cooperating with the prosecutor...

It is completely lowering his victim status and lowering the collegial panel's sympathy for him.

Will not have any positive effect.

And the scene in front of me...

He seemed familiar.

If he remembered correctly, his teammates back then were very similar to Chen Daoguang.

Backstab him at every turn.

"Could it be... I changed my luck?"

Zhang Wei swallowed, with a strange look on his face.

And in the auditorium.

Chen Daoguang's "wonderful debate" immediately won unanimous applause.

"The second brother is the second brother. Don't look at the fact that you haven't studied for a few years, the truth is the same!"

"Have you noticed? After the second brother spoke, everyone's expressions changed, and they didn't dare to argue with the second brother anymore."

"We are the reasonable party. What are we afraid of? Instead, they try to exonerate the murderer and put them in our village. They will be stabbed in the back!"

"The second brother's words are still simple and easy to understand. What the lawyer and the public prosecutor said are all nonsense. They just want to confuse us!"

"..."

The women watching, led by Liu Mei, got together and whispered.

Regarding Chen Daoguang's performance just now...

Very satisfied.

Especially when they saw the silence in the courtroom, they felt that it was almost impossible for them to lose the case.

"It really is ignorant and fearless."

Qin Mu sat in a corner of the auditorium and couldn't help shaking his head.

Chen Daoguang's speech full of loopholes...

Unanimous applause.

It can be said that Chen Daoguang single-handedly tried to lower the level of court debate to the level of rural quarrels.

"Boom-"

above the court.

With a livid face, Zhou Quanmin struck the gavel again.

Staring at the complacent Chen Daoguang.

Trembling with anger.

But still be patient, said in a deep voice: "The victim, please do not publish topics that have nothing to do with the focus of the controversy. The focus of the controversy at this stage must revolve around unlimited defense rights and excessive defense!"

Chen Daoguang's quarrelsome speech just now...

It's all nonsense, without any legal theory or law-related theories.

It cannot be called a debate at all.

Although this is a free debate in the courtroom, all litigation participants can speak, but irrelevant topics are not allowed.

otherwise……

In the solemn court, there will be scenes of shrews cursing the streets and quarrels in the countryside every minute.

"What do you mean?"

Chen Daoguang listened.

But he was dissatisfied again: "I said three points just now, why didn't the discussion focus around the case? Murder to pay for life, debt to pay back money, it's only right and proper!"

"Everything we said is reasonable, but we can't be blamed, so now we are not focused?"

"What else is there to discuss in this lawsuit? Just now all the evidence has been presented, and the video also proves that she killed someone, so the sentence will be over."

"Are you bullying us that we are country people, so you just play tricks and make a simple case so complicated? I think you just want to help her get rid of the crime and let her escape the punishment of the law!"

talking and talking.

He held his head high and looked around the entire court with a proud posture.

Just now he has proved with facts...

His debating ability is far superior to his own prosecutor and the opposing lawyer.

As soon as he opened his mouth...

Everyone didn't dare to speak anymore, it was obvious that they couldn't talk to him.

Now he uses this method in reverse, saying that he didn't discuss the focus of the case!

in this debate.

It is already clear at a glance who is strong and who is weak!

"how?"

Chen Daoguang glanced at Zhou Quanmin in the courtroom, then sneered and said, "Did I hit the mark? Stop talking?"

"Let me tell you, don't think that we country people are easy to bully!"

"You can just judge this case and it's over, don't give me all this stuff!"

The fathers of the other three "victims" around him were also very excited when they saw this.

Together with Chen Daoguang, "put pressure" on the collegial panel.

"Second brother is right. Although you are judges, we are not easy to bully!"

"They killed people. If you dare to bend the law for personal gain, we will complain to your superiors!"

"We were all arrested for illegal detention. They killed people and must be severely punished!"

"Although we don't understand the law, if we kill someone, we must pay with our lives!"

"..."

Chen Daoguang and the other four talked to each other.

To Zhou Quanmin and several other judges, he put forward "suggestions for sentencing".

in speech.

There was no abusive and disruptive court behavior.

but……

But Zhou Quanmin was so angry that his seven orifices smoked and his whole body trembled.

The scene where Chen Daoguang and the others are extremely confident...

It was completely beyond the imagination of him and everyone in the collegial panel.

"quiet!"

Without any choice.

He could only take a deep breath, staring at Chen Daoguang and the others, and said in a deep voice: "From now on, the four of you are not allowed to participate in the debate without permission!"

as the presiding judge.

In order to ensure the normal progress of the trial of the case, he has the right to do so.

If Chen Daoguang and the others continue to mess around...

Then this case may have to be tried until tomorrow.

however……

His voice fell.

"Why?"

Chen Daoguang was even more dissatisfied, and asked: "We must also be reasonable in court, why are we not allowed to speak during the debate?"

Zhou Quanmin's face darkened.

She simply ignored him, but looked at the prosecutor.

Continue to promote the trial process: "Just now the defendant's lawyer said that Huang Lan's behavior is a defense in the face of violent crimes, and should not be judged as excessive defense."

"What was the basis for your procuratorate to determine that the defense was over?"

It's been so long.

The crux of the case...

It is already clear.

If it is judged to be the legitimate use of unlimited defense rights, then Huang Lan is not guilty.

If it is judged as excessive self-defense, then Huang Lan has committed the crime of intentional injury and negligent death, both of which will be punished as one felony.

The difference in sentencing between the two is enormous.

According to the sentencing recommendation of the procuratorate, it is almost eight years in prison!

This defense is lethal...

If it is not from bad motives, it will not rise to the level of the death penalty.

What Chen Daoguang said is that murder pays for life...

It is aimed at intentional, premeditated, and vicious homicides.

For the crime of negligent death caused by minor circumstances, the sentencing range may even be more than three years and less than seven years.

"Presiding judge, our court has carefully inspected the scene and compared the video and audio recordings with the personnel of the public security organ, as well as the testimony of eyewitnesses."

"It can be determined that although the marriage disturbance at that time was a bit excessive, it should not be judged as a violent crime."

"The Criminal Law clearly stipulates that violent crimes refer to homicide, robbery, kidnapping, and other crimes that seriously endanger personal safety. The behavior of the other party's arguing marriage is a folk custom and should not be elevated to murder, robbery, and kidnapping crimes of a heinous nature."

On the prosecution bench.

One of the public prosecutors briefly calmed down the emotions disturbed by Chen Daoguang, and continued to reply: "Strictly speaking, this should be an illegal infringement."

The focus of discussion on both sides...

Returning to the distinction between unlawful infringement and violent crime.

Seeing this, Zhang Wei was also not to be outdone.

Step forward.

Struggling with reason: "The presiding judge, the public prosecutor, the obvious difference between unlawful infringement and violent crime is whether or not the personal safety of others is endangered by violent means..."

in court.

The most exciting free debate session finally got on the right track.

And the four Chen Daoguang who were banned from speaking...

On the other hand, they were watched by the bailiffs throughout the process to prevent them from interrupting.

This link...

Everyone involved in the litigation can express their opinions and participate in the discussion.

But Chen Daoguang's discussion method...

But it's a quarrelsome way of messing around.

Such debates are fruitless.

Since Chen Daoguang was banned, he could only sit on a chair.

Watching the "calm" discussion between one's own public prosecutor and the other's lawyer, but unable to intervene.

It made him feel itchy and angry.

This group of people couldn't speak against him, so they used this extraterrestrial trick to prohibit him from speaking.

If he can take part in the debate...

This trial is already over!

……

at the same time.

Jincheng.

In the nursing home.

Zhang Qingyuan and others sat around the yard, staring at the projection screen intently.

Looked dumbfounded.

"What's the matter with the presiding judge? Why didn't Chen Daoguang speak?"

"It's a pity that his performance ended so soon."

"Honestly, I'd love to see him debate, even though it sounds like it's going to drive people to death."

"His quality is actually quite good, but he is a bit blindly confident, thinking that others can't speak up to him..."

"..."

Zhang Qingyuan and the others shook their heads, a little dumbfounded.

Chen Daoguang did not roar the court like the middle-aged couple who were sentenced to 20 years in prison.

By comparison.

Always trying to "reasonable".

It's just that his reasoning has no legal basis, it's just a subjective judgment, which is no different from a quarrel.

That's why you get the ban package.

"Did this kind of thing happen to you all when you watched court trials before?"

Wan Zhongyuan, who was among the old people, swallowed and asked suddenly.

This trial...

It is indeed the same as the series, with ups and downs.

The lively auditorium came and went one after another.

There are also stimulating "victims", angry at the public prosecutor, and actively participating in the debate, won the gag package.

And the boring trial session he imagined...

Very different.

The court trial scene in his impression should be depressing, low, boring, and boring.

Far from being so exciting.

It made him want to watch the trial.

"This kind of thing happens all the time, Vice President, you don't know, there was a couple in the past who didn't cooperate the whole time, and even the trial couldn't go on..."

Several old people nodded, and replied: "In the end, I was sentenced to 20 years, which is also the highest sentence among those sent by Xiao Qin."

"I don't know when Xiao Qin will be able to break the record. It was several months ago."

As the old people talked, they couldn't help showing their anticipation.

Wan Zhongyuan was taken aback for a while.

20 years in prison!
If you don't kill a few people, you shouldn't be able to reach this kind of sentence, right?
……

Jincheng Court.

Second Criminal Court.

The two sides debated various aspects of excessive defense and unlimited right of defense.

Stick to one word.

Always stick to your own point of view.

"Prosecutor, the defendant's defense lawyer, do you have any new points to add?"

The debate session lasted for three hours.

Zhou Quanmin looked at both sides and asked in a deep voice.

Zhang Wei shook his head.

The prosecutor also shook his head.

During the three-hour debate, they had said everything they had to say and fought for everything they could.

Next...

It depends on the outcome of the collegial panel's discussions.

"In that case, the court will be temporarily adjourned for half an hour."

Zhou Quanmin nodded.

Then he led the collegial panel and left the courtroom.

Entered the collegial panel meeting room at the rear of the court.

in the conference room.

The seven sat in their seats.

Everyone's expression is very dignified.

this case...

Very tricky.

That's right.

Just tricky!

Although the facts of the case are clear and the evidence is sufficient, it is not an exaggeration to say that the evidence is solid.

But how to sentence...

But it is a big problem.

If it is deemed as excessive defense, it means that Huang Lan will be sentenced to eight years in prison.

This seemed extremely unfair to Huang Lan.

because……

They also watched the video of the wedding at that time.

The behavior of the troublemaker, tearing the skirt, doing things up and down, is extremely bad!
"Tell me what you think of this case."

Seeing that the other six people did not speak, Zhou Quanmin asked straight to the point.

"I think...excessive defense and unlimited defense rights both meet the criteria for determination, but the sentence of eight years in prison seems to be too rigid in the judiciary."

One of the judges frowned and gave his opinion.

Another judge also raised a concern: "If the sentence of unlimited defense rights means that Huang Lan will be sentenced to innocence, will this have a negative impact on society?"

"There will definitely be adverse effects. If the verdict is not guilty, there will probably be more incidents of unlimited counterattacks in the future with unlimited defense rights."

The rest of the jurors also analyzed from their own perspectives.

Unlike prosecutors and defense attorneys.

The judgments they make need to ensure social stability and advocate correct values ​​on the premise of maintaining judicial fairness and justice.

This is why, in decades of judicial practice, only a dozen or so cases have been sentenced with unlimited defense rights!
There are too many sentences for unlimited defense...

Society will inevitably become more turbulent, which is not conducive to peaceful and stable development.

in fact.

In legal circles, there have been advocates for the abolition of the unlimited right of defense.

Among the countries in the world, only a few countries still retain the unlimited right of defense.

Many scholars believe that the definition of violent crimes by the unlimited right of defense is vague, which is likely to cause confusion and lead to unnecessary casualties.

Some ordinary people will inevitably regard illegal infringement as a violent crime, and thus engage in blind self-defense.

Also.

Unlimited defense rights may be abused and become a tool for some criminals to achieve their illegal purposes.

For defenders, while obtaining this right...

It means that he can carry out irresponsible and unlimited anti-killing against criminals, which is too extreme to protect the rights and interests of criminals.

Even criminals who have committed criminal acts should enjoy the protection of the law.

If killed with a stick...

It is not conducive to the reform and re-education of criminals.

"This case... let's not make a compromise. The eight-year sentence is too harsh, and the verdict of not guilty is also too extreme."

At last.

A sentencing recommendation was made.

Zhou Quanmin frowned and looked at the crowd: "Everyone, I know what you are worried about."

"Unlimited defense rights cannot be sentenced lightly, but here, I would like to ask everyone to ask themselves, what is the essence of legislation?"

Asked by him.

The rest were stunned for a moment.

"Our legislation aims to protect the basic rights of citizens and protect citizens' legitimate rights and interests from being violated."

Zhou Quanmin scanned the crowd, asking and answering himself.

Paused.

He went on to say: "Everyone should know about the Deng Yujiao case 13 years ago."

"It aroused great controversy in the academic world at the time. If it wasn't for the guidance of an expert, Deng Yujiao... probably wouldn't have been exempted from punishment!"

heard here.

Everyone's eyes flickered, obviously they all knew about this sensational case.

At that time, the guest's excessive verbal demands, coupled with manual actions, caused Deng Yujiao to take defensive actions, resulting in one death and one injury.

The situation and today's Huang Lan...

Very similar.

It can even be said that the "violation" suffered by Huang Lan was even more serious!
"In this case, I can't find any compromise, but I just want to follow the original intention of the legislation and make a fair and just judgment!"

Zhou Quan took a deep breath, and said in a deep voice, "This is my idea. Now, everyone express their opinion."

finally.

After discussing for half an hour.

Seven people began to vote and gave a sentencing plan for this case.

……

Second Criminal Court.

in the dock.

Huang Lan lowered her head nervously, biting her lower lip tightly.

Look at Zhang Wei from time to time.

The half-hour recess was over in no time.

She is about to meet her sentencing.

"Don't be nervous, if the first trial is not innocent, then we will have the second trial."

Zhang Wei looked at her and comforted her softly.

this case...

It is by no means so easy to fight.

Both he and Qin Mu are ready for the second trial.

And next to the public prosecutor's seat.

The four of them, Chen Daoguang, were also discussing in low voices.

"Second brother, you spoke so well just now, the other side should be sentenced to death this time, right?"

"Not necessarily. I feel that the judge has collected money, and it is too much to cover them up like this, especially not to let the second brother speak."

"Even if there is no death penalty, it will take a few more years. Eight years is really too little. My son was stabbed like that by him!"

"Should... be able to win?"

"..."

The four of them were also a little apprehensive.

Although they themselves have a lawsuit tomorrow...

But they unanimously hope that Huang Lan will be sentenced to death!
"All rise!"

After half an hour.

The recess is over.

Zhou Quanmin brought all the members of the collegial panel back to their respective positions.

Shen Sheng announced: "Today, the Second Criminal Division of the Jincheng Court held a public hearing on the case of Huang Lan stabbing to death and stabbing four people."

"After the collegial panel's in-court investigation, the public prosecutor's evidence, and the defendant's defense lawyer's cross-examination, this court believes that the case is clear and the evidence is sufficient. It was caused by Huang Lan's self-defense with a folding knife."

Next to the prosecution bench.

When Chen Daoguang and the others heard this, they couldn't help raising their heads.

Excited.

however……

Zhou Quanmin's next words made their expressions extremely ugly.

"The nature of this case is special. It was caused by misconduct in marriage. The deceased Chen Quan and other troublemakers performed violent and obscene acts at the wedding scene, which seriously violated the criminal law of our country and was a violent crime."

"Huang Lan tried to dissuade her many times, expressing her will with words and actions. When the persuasion was ineffective, she took defensive actions, resulting in one death and three injuries."

"According to the provisions of the third paragraph of Article No. 20 of the Criminal Law of our country, this behavior meets the constituent elements of the unlimited right of defense. There is no limit to the defense behavior, and there is no need to bear criminal responsibility."

"It is hereby judged that:

Huang Lan's behavior is justifiable defense, and it belongs to unlimited defense, and she shall not bear criminal responsibility according to law;
The injury and medical expenses caused by Huang Lan's self-defense will be borne by the troublemaker;
The crimes of intentional injury and negligent death charged by the public prosecutor are inconsistent with the law. "

"If you are not satisfied with this judgment, you can initiate a retrial with this court or appeal to a higher court within [-] days from the date when the judgment becomes effective."

The solemn sound of judgment.

echoed in the courtroom.

in the dock.

When Huang Lan heard the verdict, she covered her face and wept excitedly.

So many days of uneasy, restless...

All released at this moment.

The word "innocent" has been echoing in her mind.

These two words...

It was too heavy, and too rare.

(End of this chapter)