Lawyer

Chapter 342

"How do you know?" The old lady was still very calm, but her eyes fluctuated greatly, full of doubts.

"Director Wan told me that he actually wanted to quit drinking, but couldn't help it..." Fang Yi said.

"Thank you!" The old lady nodded.

Having reached this point, Fang Yi felt that there was no need to continue the conversation, so he got up and left the cafe.

The second trial of Lu Chen's intentional injury case finally opened.There were quite a few people sitting in the auditorium, most of them were friends of Lu Chen, and Lu Chen's parents were among them.

The Provincial High Court sent three male judges to form a collegiate panel to hear the second instance of Lu Chen's intentional injury case.After the previous procedures are completed, the presiding judge begins the court investigation.

"Next, the appellant, Lu Chen, will state the reasons for the appeal first," said the presiding judge.

"My friend and I were on our way to a restaurant when we were suddenly beaten by a group of people. We fought back purely for self-protection. My behavior was excessive self-defense. The court of first instance sentenced me to a heavy sentence. Give me a lighter punishment." Lu Chen was a little depressed, and his voice was not high when he spoke.

Before the trial, Fang Yi went to the detention center again and told Lu Chen the defense plan.Lu Chen wanted Fang Yi to defend his innocence, but Fang Yi disagreed, and only agreed to plead less guilty.

Although Lu Chen didn't want to go to jail, the incident had already happened. The court of the first instance sentenced him to 15 years. He also understood that the possibility of acquittal in the second instance was unlikely. After much deliberation, he finally agreed with Fang Yi's defense opinion.

"Next, the defense lawyer will announce the reasons for the appeal." The presiding judge said.

"The defender believes that the facts of the first-instance judgment were unclear and the application of the law was improper.

The appellant Lu Chen intentionally injured the body of the victim, Zou Minglong, in order to stop the ongoing illegal infringement. His behavior was a legitimate defense, but his defense obviously exceeded the necessary limit, resulting in the death of the victim. His behavior constituted the crime of intentional injury, but should be punished according to law. The punishment should be mitigated..." Fang Yi said.

"Appellant Lu Chen, do you have any objection to the facts and charges identified in the first-instance verdict?" asked the presiding judge.

"I have no objection to the charges ascertained in the first-instance verdict, but I have objections to the ascertained facts. My behavior was excessively defensive, but the court of first-instance ruled that we were fighting each other, which is not in line with the actual situation." Lu Chen said.

"The prosecutor questioned the appellant about the facts identified in the first-instance judgment," said the presiding judge.

The male prosecutor looked at Lu Chen: "Appellant Lu Chen, what did you use to stab the victim, Zou Minglong?"

"Switchblade." Lu Chen said.

"Do you have the habit of carrying a switchblade?" the male inspector asked coldly.

"No." Lu Chen replied.

"Since you don't have the habit of carrying a switchblade, why did you carry a switchblade with you on the night of the crime?" the male prosecutor asked.

"I'm just in case." Lu Chen said.

"Just in case? Who?" asked the male prosecutor.

"It's for flood prevention. I had some conflicts with him in the bar before. I'm afraid he will retaliate against me." Lu Chen said.

"Judge, I'm done asking!" the male prosecutor said.

"The defender of the appellant Lu Chen asked questions," said the presiding judge.

"Appellant Lu Chen, do you know the victim Zou Minglong?" Fang Yi asked.

"I don't know." Lu Chen said.

"Do you know why Zou Minglong brought people to beat you?" Fang Yi asked.

"I didn't know it before, but I found out later in the first trial that Zou Minglong was ordered by Hong Fangzhou to take revenge on me." Lu Chen said.

"What was the situation at the time of the incident?" Fang Yi asked.

"At about two o'clock in the morning, a few friends and I came out of the bar and went to a restaurant for supper. As soon as we got out of the car, a group of people brandished sticks and beat us. At that time, a friend beside me was knocked to the ground by the other party. We were all confused, and then we fought together..." Lu Chen briefly described the situation at that time.

"In other words, the victim, Zou Minglong, took the initiative. Your purpose was to eat supper. You didn't know what happened. Suddenly your companion was knocked down, right?"

"Yes." Lu Chen said.

"Judge, I'm done asking." Fang Yi said.

Fang Yi's question was very clear. He was telling the judges that the appellant, Lu Chen, was singing and chatting on the way to eat supper. The victim died.This is essentially an overdefense, not a nonsense fight at all.

"Next, the court will present and cross-examine evidence. Do the prosecution and the defense and the appellant have any new evidence to submit?" asked the presiding judge.
"No." Three parties replied.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues. Let the appellant speak first," said the presiding judge.

"My behavior was excessive self-defense. The court of first instance sentenced me to 15 years. The sentence is too heavy. I request the court to change the sentence according to law..." Lu Chen said.

"The defender of the appellant Lu Chen made a speech," said the presiding judge.

"The presiding judge, the judge: please allow me to express my deep condolences to the victim (after all, the deceased is a big one, and the trial is open, so the necessary superficial work is still to be done to avoid hatred).

According to the evidence provided by the public prosecutor of the first instance, the appellant was suddenly attacked by unknown persons on his way to a restaurant for supper. In order to protect himself, he had to fight back, resulting in the tragic death of the victim.

However, considering the facts, the appellant's actions were indeed for self-protection, and did not intend to conflict with the other party.Therefore, the behavior of the appellant should be regarded as excessive defense, not a premeditated mutual assault.The defender suggested that the appellant Lu Chen be sentenced to probation.complete. "Fang Yi said.

"Now it's up to the prosecutor to speak." The presiding judge said.

"The presiding judge and the judges: We believe that one of the elements for the establishment of justifiable defense is that the direct purpose of the defensive act is to stop the illegal infringement, and the defensive act cannot be continued after the illegal infringement is stopped.

The appellant, Lu Chen, stabbed the victim in the chest several times with a knife, and chased and beat the victim after he fled. Therefore, Lu Chen had the obvious intention to injure others, and his behavior conformed to the criminal constitution of the crime of intentional injury. The court of first instance found the facts Clearly, the sentencing is appropriate, and the court is requested to reject the appellant's appeal according to law.complete. " said the male prosecutor.

"The prosecutor can respond to the defender's defense opinion." The presiding judge said.

"We believe that after Lu Chen had a conflict with Hong Fangzhou at the bar, he went back to the car to take the switchblade and carried it with him, and then returned to the bar. Zou Minglong and others instigated by Fang Zhou clashed, and Lu Chen stabbed the victim Zou Minglong with his knife. His behavior did not constitute a legitimate defense, and it should be a mutual assault. Therefore, Lu Chen's behavior does not constitute excessive self-defense." The male prosecutor said.

"The defender can respond to the prosecutor's opinion." The presiding judge said.

(End of this chapter)