Time flies in the world of film and television

Chapter 752 Training: Director Han’s Small Class

After leaving the detention center, Cheng Wenjing looked at Han Tao with admiration. She now roughly understood what Han Tao meant, and began to recall everything that happened during the first trial.

The turning point of this case was that there was insufficient evidence to prove that the knife was brought by Feng Shouyi.

But everyone else accused Chen Guowei of murder, so in the end she tried every possible way but still failed to defend herself successfully.

There was no way. The knife that disappeared after the incident became the key physical evidence in the case. The existence or non-existence of the knife was directly related to the characterization of Chen Guowei's behavior.

If the knife is found and proved to be brought by Feng Shouyi, Chen Guowei's behavior can be deemed as self-defense and he will not be held criminally responsible.

However, when the police arrived at the scene, they did not find the knife and were unable to extract Feng Shouyi's fingerprints, let alone prove that the knife belonged to Feng Shouyi.

However, it was confirmed that Chen Guowei stabbed Feng Shouyi to death, even though the murder weapon was not found. However, in the process of convicting a criminal case, the murder weapon is one of the important physical evidences, but it is not a necessary condition for conviction.

The key to conviction in a criminal case lies in the integrity of the chain of evidence and mutual corroboration to ensure that the facts of the case are clear and the evidence is sufficient.

Such evidence may include physical evidence, documentary evidence, witness testimony, victim statements, confessions and defenses of suspects, expert opinions, and records of investigations, examinations, identifications, and investigative experiments.

Therefore, even if the knife was not found, the other evidence had formed a complete chain of evidence, and in the end Chen Guowei was convicted of intentional injury resulting in death.

Seeing that Cheng Wenjing still didn't quite understand what he meant, Han Tao asked, "Lawyer Cheng, were all the evidence adopted by the prosecution provided by the prosecution?"

"Most of it was provided by the prosecutors, and some was provided by the Feng family's lawyers."

Cheng Wenjing nodded in response, then took out a pile of documents from a folder, which contained copies of evidence provided by the prosecution during the first trial.

Although there are prosecutors on the public prosecution side in criminal cases, Feng Shouyi's family still hired a lawyer to ensure that Chen Guowei's case is foolproof.

After all, the legal procedures of criminal cases include case filing, investigation, review and prosecution, trial and other links, and each link requires professional legal knowledge to deal with.

Their family is not short of money and has their own lawyers involved. They can communicate with the procuratorate, courts and other judicial organs on behalf of the plaintiff to ensure that the case is handled fairly.

The main purpose is to help the prosecution prepare sufficient evidence materials and conduct a strong defense in court, thereby increasing the Feng family's chances of winning and making it impossible for Chen Guowei to turn the tables or receive a light sentence.

The lawyer hired by the Feng family did his job conscientiously and provided witnesses during the first trial. They were Feng Shouyi's henchmen, who identified Chen Guowei as someone who brought a knife home with the intent to commit revenge and murder.

"Master, is there a problem with the evidence?" Luo Yun didn't quite understand, so he asked.

Looking at his still immature apprentice, Han Tao smiled and said, "This is a big problem. We now have the video of the other party breaking into the house, robbing and committing violence, which can prove that the other party is committing perjury.

Moreover, because the other party gave false testimony, Chen Guowei’s previous confession can be completely overturned…”

After he finished speaking, Luo Yun widened her eyes with surprise. She had discussed this with Cheng Wenjing many times, but had never thought of this.

Although Chen Wenjing guessed some of it, there were still some things she didn't understand, so she also asked:

"Director, even if we have video of Feng Shouyi committing crimes, we can prove that he illegally invaded and committed violence.

However, it still cannot be proved that the knife was brought by Feng Shouyi, so you mean to make a misdemeanor defense?
If excessive self-defense results in death, it constitutes the crime of negligent homicide, which is generally punishable by fixed-term imprisonment of not less than three years but not more than seven years.

If we can convince the judge that the circumstances are minor, we can even change the sentence to a prison term of less than three years.”

After Cheng Wenjing failed in her defense in the first trial, she reflected that she had made a mistake in this case, which was that she was too greedy.

In Chen Guowei's case, if she had only argued for excessive self-defense and manslaughter, there would have been no problem, but she defended her innocence.

Although he listed the crimes committed by Feng Shouyi's gang to prove that Chen Guowei's revenge killing was self-defense after being oppressed.

However, the defense of innocence places great emphasis on evidence, especially when suing against the prosecution. The most troublesome thing is to have complete evidence. Even if there is a problem in a small link, it will be difficult to win the case.

But in Chen Guowei's case, the evidence of the prosecution showed that he had committed the murder intentionally with a knife, and in order to close the case quickly, the prosecution used the most favorable evidence. Therefore, no matter how hard he argued with the crowd, he could not succeed.

There is no way. If we can't provide evidence to prove Chen Guowei's innocence, everything will be in vain. What's more, the other party has a team of lawyers to assist him.

After hearing what Cheng Wenjing said, Luo Yun sighed and said, "It's probably not easy to defend a misdemeanor. From a legal perspective, it's quite demanding to meet the legitimate defense standard in Article 20 of the Criminal Law.

First of all, self-defense can only be carried out at a reasonable time, in a reasonable place, and under reasonable circumstances, and the act of self-defense cannot exceed reasonable limits.

In other words, judging from the outcome of this case, Feng Shouyi’s death clearly exceeded the maximum reasonable limit, and he was…”

“No, the situation before is different from now. When the director asked Chen Guowei just now, I noticed a lot of details that I had overlooked before.

So we still have a chance, especially since we have video evidence of their crimes, if I hadn’t made a mistake in the first trial…”

Cheng Wenjing interrupted Luo Yun and expressed his thoughts.

During the entire process of the first trial, she did not raise any defense opinion to the judge to reduce Chen Guowei's sentence, which ultimately led to the failure of the innocence defense. The judge sentenced him to death based on the prosecution's litigation application.

Therefore, Chen Wenjing has always felt guilty. You know, when defending a misdemeanor, the defense lawyer can put forward sentencing opinions.

Therefore, she could have made both a not guilty plea and a lesser offense plea at the same time, which would have at least prevented Liu Guowei from being sentenced to death.

Watching the two discuss, Han Tao shook his head and said, "Not doing a misdemeanor defense. In my opinion, even if it is a misdemeanor defense, it is not public for Chen Guowei.

How many seven years does a person have? So the fate of such a promising young man cannot be ruined like this."

"So what do you mean?" Cheng Wenjing looked at Han Tao, eyes wide, "Director, do you mean to continue to make silent defenses?

But we can’t prove our innocence, and we’ve tried everything we can think of to find the knife, but we can’t find it.”

"Why do we have to prove it? With the video, we can prove that the other party illegally invaded and committed violent and illegal acts against Chen Guowei, Chen Lele and others. Chen Guowei can defend himself.

In particular, if a person takes defensive action against an ongoing violent crime such as assault, murder, robbery, rape, kidnapping, or other violent crime that seriously endangers personal safety, and causes injury or death to the unlawful offender, it does not constitute excessive defense and the person will not bear criminal responsibility.

“We all understand this, but Master, Article 20 states that legitimate defense must meet four conditions.

First, the target of self-defense must be unlawful infringement.

Second, it must be when the unlawful infringement is in progress.

Third, the target of self-defense must be the unlawful attacker.

Fourth, self-defense cannot exceed a certain limit.

Chen Guowei's behavior has exceeded certain limits, because when he injured someone, the other party was no longer in the process of illegal infringement. "

"Wrong, you overlooked an important issue, that is, Feng Shouyi only ended the infringement on Chen Lele, not Chen Guowei.

After he finished assaulting Chen Lele and walked out of the house, he did not leave or finish.

Instead, they continued to beat Chen Guowei and committed other aggression, even attempting to kill him, so Chen Guowei's behavior of self-defense was established.

Although Chen Guowei could not prove that the knife belonged to Feng Shouyi, the other party…"

Han Tao looked at Cheng Wenjing and Luo Yun and gave their family a good lesson.

After hearing his words, the two of them widened their eyes again, with shock in their eyes, and their expressions were similar to the face-changing in Sichuan Opera.

………………