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

Chapter 407 Ethics as the basis for guilt

As long as the act of violating the interests protected by the criminal law...

can be convicted.

For example, the crimes of robbery and theft violate the protection of private property in criminal law.

The crimes of intentional homicide and intentional injury violate the protection of the right to personal safety in the criminal law and so on.

"Wang Wu's behavior has discredited state agencies, affected the positive image of public officials, and also violated legal interests..."

Three lawyers from Liuzhou made generous statements, summarizing the evidence and refuting Qin Mu at the same time.

The scene was deadlocked for a while.

"The strength on the other side... is a bit strong."

Zhang Wei half-closed his eyes and said silently in his heart.

This situation...

It is not one-sided as imagined.

The other party is not vegetarian either.

Although the stitches were disturbed by Qin Mu, he quickly reorganized his defense thinking.

A fierce counterattack was launched.

And in the auditorium.

The gold-medal lawyers who watched the battle showed joy after listening to the defense of several people in Liuzhou.

"Fayi's starting point is good. I don't know how Qin Mu will respond."

"I remember that among the lawyers in Liuzhou, one of them specialized in the study of the theory of legal interests. The research was quite in-depth. I'm afraid Qin Mu would be overwhelmed."

"Tsk tsk tsk, last time he got a high score of 677, this time he will probably be beaten back to his original shape."

"It's impossible to get back to the original shape, but if you want to advance to the third round... I guess it's hanging."

"..."

Everyone bowed their heads and whispered.

They all thought that Qin Mu was unlikely to win this match.

After all, these lawyers in Liuzhou...

The level is not inferior to them, and it is a leader in the field of criminal defense.

It is basically impossible for Qin Mu to win easily like the last round.

however……

As soon as they finished their discussion, they saw the lawyer's seat next to the defendant.

Qin Mu took the initiative to step forward, and said softly, "The other prosecutor's words are indeed good. Legal interests are the basis for conviction, but there is another sentence behind this sentence."

After a slight pause.

He glanced at the audience, and then continued: "That is ethics as the basis for guilt!"

The voice just fell.

The crowd was shocked again.

Zhang Wei swallowed and reacted instantly.

As if to understand something.

The lawyers in the auditorium...

There was an instant misfire, and everyone froze on the spot.

The most responsive...

Nothing more than the five lawyers on the prosecution bench.

Especially the lawyer who proposed a breakthrough in legal interests, his face immediately sank.

……

at the same time.

Law Study Alliance Forum.

With the appearance of Qin Mu's words, the netizens who have been following the mock trial all the time became excited again.

"Is there any big boss in the forum? Can you come and explain to me, what does the sentence up just said mean?"

"The lawyer on the other side really has a few brushes, I thought the dust had settled."

"Don't talk too much, civilized you and me."

"I just checked with Du Niang. The explanation of ethics as the basis for committing a crime is too complicated. Who can translate it for me?"

"..."

Netizens were very excited and frantically posted posts with a strong thirst for knowledge.

The opponent's lawyer has explained what is called the law as the basis for conviction.

but……

Qin Mu's words made many people puzzled.

They understand every word in it.

But it seems a bit obscure to connect it.

Good thing it didn't take long.

A person who claimed to be a professor of criminal law appeared in the forum.

I opened a post to explain what Qin Mu said.

"To understand the word up, one must first understand the essence of law. Law is not black and white, but a knowledge of balance and compromise."

in the post.

This netizen first explained the first half of the sentence.

As the basis of conviction, the legal interest refers to the use of whether the legal interest has been violated to determine whether one is guilty.

for example.

Zhang San wanted to kill Li Si with a knife, but was killed by Li Si instead.

According to the theoretical analysis of legal interests, Zhang San tried to infringe on Li Si's right to life.

It turned out that Li Si was superior and deprived Zhang San of his right to life.

The other party tried to endanger Li Si's right to life, and Li Si violated Zhang San's right to life.

Right to life right to life.

Both are equal.

therefore.

From the perspective of legal interests, Li Si's behavior was justified and fully in line with self-defense.

Give another example.

Zhang San followed a certain woman and tried to do something wrong, but the woman kept struggling and resisting.

When passing by the river.

Taking the opportunity to kick Zhang San into the river, Zhang San drowned.

In this case.

Zhang San tried to violate the woman's right to physical freedom, and the woman's counterattack violated Zhang San's right to life.

The right to bodily liberty versus the right to life.

Obviously, the right to life is higher than the right to physical freedom.

The rights of the two are not equal, nor are their legal interests equal.

therefore.

The woman's behavior is not justifiable self-defense, but excessive self-defense.

but……

The behavior of the woman is a common behavior of the general public when dealing with crises in daily life.

Did not violate the Code of Ethics and Code of Conduct.

This happens to most people...

They would all choose to kick Zhang San into the water to protect themselves.

In terms of morality and ethics.

Everyone in the world will feel that there is nothing wrong with the woman's behavior, and she should do so.

No one will condemn the woman.

and so.

Although the woman jeopardized the legal interests and caused more damage, her behavior could not be punished simply as excessive self-defense.

Ethics as the basis for committing a crime refers to when encountering such a situation...

It can be mitigated as appropriate, or it can be determined that the woman's behavior does not constitute a crime.

No more.

It can also be determined that the circumstances are obviously minor, and no prosecution will be made, or the circumstances are obviously minor, and the punishment will be probation.

This also demonstrates the balance of the law.

If judged according to the mechanical criminal law, the woman must have constituted a crime.

However, this judgment clearly violates social ethics and is a questionable judgment.

"Good guy! Our forum is really full of capable people. When the big boss said that, even a scumbag like me can understand it."

"Hey! Just give me an example every now and then, you don't teach, do you?"

"So that's the case? I didn't expect such a complicated thing to be involved behind the judgment?"

"Does that mean that...an act supported by morality does not constitute a crime?"

"..."

below this post.

Netizens worshiped the boss one after another, and raised many doubts at the same time.

And this netizen who claims to be a professor of criminal law is also very patient, answering the questions raised by netizens one by one.

"Violating morality does not necessarily constitute a crime, and similarly, what is supported by morality does not necessarily constitute a crime."

Followed by.

He gave a few more examples, such as the mother-humiliating murder case that caught fire earlier.

The other party violated his mother's right to personal dignity.

In turn, he killed the other party and deprived him of his right to life.

Legally they are not equal.

should be a crime.

But his behavior...

However, he has received support and encouragement from the general public, and everyone thinks that he has done nothing wrong.

Morally, he is not condemned in any way.

Logically speaking, it should not constitute a crime.

but……

The violation of legal interests by this kind of behavior is far from being as simple as a person's right to life.

If found not guilty.

It is equivalent to setting a precedent.

As long as a relative is insulted, he can kill with the gold medal for avoiding death.

That society will be in turmoil.

It will cause huge damage to legal interests.

therefore.

Although ethics can make a crime, but certain behaviors can still be punished.

This is the law of balance.

……

at the same time.

Jincheng.

yard.

Zhang Qingyuan, Li Weiguo and others were surrounding Wan Zhongyuan.

because……

They found that this lawsuit was under name, and they couldn't understand it more and more.

Whether it is what Qin Mu said or what the opposing lawyer said, they are all the same as the heavenly scriptures.

then.

They could only turn their attention to Wan Zhongyuan for help.

But Wan Zhongyuan bit the bullet, took his mobile phone, clicked on Du Niang, and frantically searched.

As the trial proceeds.

Qin Mu and the other party's lawyer were at each other's throats, you come and go.

Crazy debates around legal interests and ethics.

New terms popped up one after another.

It made him dizzy for a while.

The point is that after searching for a long time, he didn't understand these terms from the things Du Niang found.

Not to mention explaining to these old people.

"It's over, it's over, I can't understand a word of what Xiao Qin said, am I not keeping up with the times?"

"Old Li, I didn't say, when did you keep up with the times?"

"Xiao Qin is also true. Can't you speak in a more plain and simple way when you are in a lawsuit?"

"The other party's lawyer is also very high-level. I rarely see lawyers who can discuss with Xiao Qin in court."

"What do you call you coming and going? Isn't the opposing lawyer obviously being beaten by Xiao Qin?"

"..."

yard.

The noisy voices of the old people continued to be heard.

Although they don't understand this high-end game.

But the expression on the opposing lawyer's face revealed everything.

It is very likely that Qin Mu will be crushed again in this round!
(End of this chapter)