Lawyer

Chapter 711 I Was Confused

"Defendant Tan Peicai, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts and charges charged in the indictment?" The presiding judge looked at Tan Peicai who was sitting in the dock.

"Listen. I have no objection to the charge, but to the facts of the case.

It wasn't a fight between me and the victim. After I was taken to the grove by the other party, the other party beat me first. I didn't want to fight with him.I stabbed him purely in self-defense. "Tan Peicai defended.

At this time, Tan Peicai did not have a mental breakdown like the other defendants. Before that, he always believed that he was acting in self-defense.Moreover, the group of people who were locked up with him heard that he had stabbed someone in, and they didn't make things difficult for him. There were even a few "senior people" who had entered the palace many times, and they even enlightened him from time to time. I'm familiar with it, and I will follow the big brother to keep it safe and take care of the horse.

The detention center is also a small society, with people coming and going constantly.

Tan Peicai is not an elusive brain. On the contrary, he ran out to work after graduating from junior high school. He has seen a lot of people and things, and he knows the unspoken rules of the bottom of society. Otherwise, he would not choose to believe in switchblades.

He doesn't believe the words of "senior people" at all. What are the younger brothers and horses used for? They are the cannon fodder of the new era.But he won't say it, because some things are more conducive to protecting himself than being nonsense.

Now that he is in court, Tan Peicai's logical thinking is relatively clear, but he is very flustered.

"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.

"What happened after the defendant, Tan Peicai, and the victim, Wei Runquan, took you into the grove?" the prosecutor asked.

"The guy named Wei Runquan slapped me on the mouth as soon as he came up. He slapped me several times in a row. I was stupefied at the time. I found out later that he was venting his anger for Tan Leiming. I was so anxious that I took out a knife and stabbed me. Him." Tan Peicai looked at the inspector calmly and said.

"Where did you get the switchblade with which you stabbed the victim?" asked the inspector.

"It's mine, and it's been kept in a drawer before." Tan Peicai replied.

"Why do you carry a switchblade with you when you come home from get off work? Did you carry a knife to and from get off work before?" the inspector stared at Tan Peicai and asked.

Yun Qiao, who was sitting next to Fang Yi, listened to the inspector's questioning, curled her lips secretly, and said in her heart: Bringing a knife to and from get off work, do you think the defendant is the emperor's guard with a knife in front of him!
"No, I never brought a switchblade to and from get off work before. I brought a switchblade because Tan Leiming threatened to find someone to mess with me. I did it for self-defense." Tan Peicai explained.

"Looking for someone to fix your 'Nong' character, how do you understand it, what does it mean?" the inspector asked.

"'Nong' means beating, and I understand that he wants someone to beat me and clean me up." Tan Peicai explained.

"Presiding judge, the public prosecutor has finished questioning." After the prosecutor finished speaking, he looked towards the trial seat.

"Does the defendant's defender need to question the defendant?" asked the presiding judge.

"I need to ask a question." After Fang Yi finished speaking, he looked at the defendant's seat: "After the defendant Tan Peicai, the victim and the other three took you into the grove, who made the first move?"

"It was the person I stabbed. He slapped me from left to right. I was totally dumbfounded at the time." Tan Peicai replied.

"Did anyone else do anything?" Fang Yi asked.

"No, those two people were holding steel pipes and stood aside and looked at me. They didn't do anything." Tan Peicai replied.

"When you stabbed the victim, what was his state?" Fang Yi asked.

"After he slapped me a few times, he stopped and began to scold me. Later, he wanted to hit me again. When he came up to me and slapped me again, I took out a knife and stabbed him," said Tan Peicai. .

"From when he took you into the woods to when you stabbed him, how long did it last? Do you have any memory?" Fang Yi asked.

"It lasted about five or six minutes. I was very scared. There were three of them. Except for the one who beat me, the other two held steel pipes and watched from the sidelines to scare me.

I stabbed him out of necessity, if I didn't stab him he couldn't run away. " Tan Peicai explained.

"Presiding judge, the defender has finished questioning." Fang Yi said.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"The presiding judge and the judges: The public prosecutor believes that the defendant Tan Peicai was held hostage by the victim because he arranged Tan Leiming's shift, and a fight broke out between the two parties.

In this case, after being threatened by Tan Leiming, the defendant carried the murder weapon (switchblade) with him in case of emergency. It can be seen that he had the purpose of fighting.

When the victim illegally violated and slapped the defendant with his bare hands, the defendant stabbed the victim directly with a knife. Both parties were prepared to hurt each other. The behavior of both parties should be a fight, and the behavior of the defendant did not constitute self-defense.

In view of the fact that the defendant was able to truthfully confess after being brought to justice, the public prosecutor suggested that the defendant, Tan Peicai, be sentenced to seven years in prison.complete. ’ said the inspector.

……

"The defendant's defender issued a defense opinion." After the defendant finished expressing his own defense opinion, the presiding judge said.

"The presiding judge and the judge: the defender believes that the defendant Tan Peicai's behavior in this case is a legitimate defense, but due to excessive defense, it constitutes the crime of intentional injury. The reasons are as follows:
The defendant, Tan Peicai, was suddenly beaten by the victim, Wei Runquan, on his way home from get off work. In order to stop the ongoing illegal infringement, the defendant took out a switchblade and stabbed the victim, Wei Runquan. His behavior should be regarded as self-defense.

However, in view of the fact that the victim Wei Runquan did not use a murder weapon when committing the illegal infringement, the personal safety of the defendant has not been seriously endangered, but the defendant Tan Peicai used a switchblade for defense and caused the victim Wei Runquan to be seriously injured. Necessary limit, it belongs to excessive defense, should bear the criminal responsibility for intentional injury, but the punishment should be mitigated according to law.

In view of the fact that the defendant is a first-time offender, can truthfully confess after being brought to justice, and is considered excessively defensive, the defender suggested that the defendant should be given probation. "Fang Yi issued a defense opinion.

"The public prosecutor can respond to the defense opinion of the defender." The presiding judge looked at the public prosecution seat.

After hearing the opinions of both parties, the presiding judge believed that the two parties had no dispute over the defendant's charges. The focus of the debate was whether the defendant's behavior was justifiable self-defense, and it was necessary for both parties to express their opinions.

(End of this chapter)