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Chapter 228 This Is Really Covering Up a Crime!

After reading Li Chen's statement of defense, Judge Jiang also had an idea in his mind.

To be honest, it was the first time he had seen such a statement of defense after being a judge for so many years.

The direction and core of the defense seen in the past has always revolved around the relationship between the victim and the defendant...

he this...

More or less a bit of a rogue, just shirking responsibility.

If you saw this incident and didn’t care about it, then you are guilty, and you are accomplices with them, which is a cover-up crime...

"You are a legal scholar and you graduated from Kyoto University."

Judge Jiang looked at Li Chen with a serious face and asked, "As for the third point in your defense, Cao Wei's remarks that others do not help to stop it is a crime, do you think it is appropriate?"

There is no legal requirement to enforce others. Although it does not conform to moral standards, it cannot be called a crime.

Judge Jiang wanted Li Chen to amend his statement of defense.

In order to help others get rid of crimes, forcibly classifying other people's behavior as illegal and criminal, which itself violates the bottom line of the law.

Is it a crime if others take a look at the excitement and don't come forward to stop it?
Can't count it that way.

According to your thinking logic, Cao Wenbin's successful murder is also the result of other people's indulgence?

Because there were some spectators during his attack. From your theory, it is precisely because others did not stop him that Cao Wenbin succeeded in the attack...

"Why is it inappropriate?"

Li Chen explained: "Let's start with the analysis of the case.

At the beginning of this case, Cao Wenbin was not at fault, right?
There are two reasons why he killed with a knife.

The first type is that the other four people violated his wife.

The four groomsmen committed obscenity to Cao Wenbin's new wife, Wang Yaoyao, because they drank too much. They wanted to rape Wang Yaoyao.

In other words, their behavior was illegal and criminal from the beginning.

As Wang Yaoyao's husband, Cao Wenbin used persuasion before he took the knife. This can be seen from other people's confessions on the wedding day.

The other people not only did not stop when Cao Wenbin tried to dissuade them, but beat Cao Wenbin with the strength of alcohol. "

Speaking of this, Li Chen looked at Judge Jiang with a serious face and said, "Regarding this point, other people also admitted in their wounded confessions that they had drunk too much to behave like this.

I don't think our law enforcement units can say that it is because they drank too much alcohol, ignore their main role in the case, and ignore the facts of their crimes.

Can you do whatever you want if you drink too much, and rape women if you drink too much?I don't think so? "

"The second factor is the behavior of others.

There were many people present at the time of the incident.

However, they ignored the illegal activities of the other four people, leaving Cao Wenbin isolated and helpless.

In the case, Cao Wenbin was beaten by several people on the grounds that Cao Wenbin prevented them from committing crimes.

At this moment, Cao Wenbin's behavior is not yet a crime, he is still a victim, and what really constitutes a crime is not his act of returning to the kitchen to pick up the knife.

I want to ask you Judge Jiang. "

"In the face of a four-person beating, and Cao Wenbin is no opponent, is it wrong for him to use a knife to stop others from committing a crime? Is there any regulation in Longguo that makes it clear that the victim cannot use a knife to protect himself?"

"If other people don't drink and make trouble, then Cao Wenbin can't go to the kitchen to get a knife, right?"

"There is nothing wrong with saying that, but in Cao Wenbin's statement, he admitted that he was angry while holding the knife, which also shows that he does not have the purpose of defense."

Hearing Judge Jiang's question, Li Chen couldn't help frowning and asked back: "Judge Jiang, Cao Wenbin is a human being, he has his own emotions and desires, and he has his own judgment of right and wrong.

What is the cause of the incident?
Others wanted to rape his wife, but Cao Wenbin was surrounded and beaten by four people to dissuade him. Shouldn't he be angry in this situation?

If he's smiling and acting like nothing happened, isn't that the real problem?

In the face of other people's violation of his wife, if a husband doesn't care about it, and allows others to make troubles, then he must be unqualified as a husband, because he ignores other people's violation of his wife, and he is not worthy of being someone else's husband. "

"You mean, Cao Wenbin should hack the others to death with a knife?"

Judge Jiang asked Li Chen back when he heard the words, and Li Chen said with a serious face, "If this happened to you, what would you do?"

Hearing this, Li Chen asked back: "You have always thought that Cao Wenbin's behavior was intentional injury, okay, then it will be counted as intentional injury, but you must give a reasonable method, right?
Facing someone who wanted to rape his wife, and others didn't help to stop him, and as the person involved, he wanted to dissuade him but was beaten by others, what do you think Cao Wenbin should do so that the law and morality can take into account each other? "

Judge Jiang couldn't help but twitch the corners of his mouth when he heard this.

Good guy, you actually asked me what should I do if I am the person involved?
"Others shouldn't be considered criminals, should they?"

Judge Jiang couldn't answer this question. Unwilling to continue pestering him, he could only shift the topic to his defense opinion.

"If it is simply not to prevent crimes, it is indeed not a crime, because there is no relevant law in our country to require other people to act bravely."

Hearing the other party's inquiry, Li Chen also gave his own explanation: "In the case, other people not only did not stop others when the case happened, but also did not want to be witnesses to explain the real situation of the case after the case happened. Isn’t it covering up a crime?”

"There are only two possibilities in the case. The first is that Cao Wenbin was lying. He fabricated the facts of the case. He had an enmity with the best man. He deliberately found reasons to use it to cover up his motive for committing the crime. He chopped him down with a knife on the wedding day. Intentional homicide.

The second is that Cao Wenbin did not lie, and the real cause of the case is what he said.

Either way, the actions of those who are unwilling to testify are crimes of cover. "

Judge Jiang fell into deep thought when he heard this.

Criteria for the crime of cover-up:

1. The object of the infringement is the normal criminal proceedings of the judiciary;

2. Objectively manifested as the act of harboring or covering up criminals;
3. The subject is a natural person who has reached the age of 16 and has the capacity for criminal responsibility;
4. Subjectively, it must be intentional.

Criminal law
3 ten
Whoever knowingly provides a hiding place or property for a person who has committed a crime to help him escape, or uses a false certificate to cover him up shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.Whoever commits the crime mentioned in the preceding paragraph and conspires beforehand shall be punished as a joint crime.

From the analysis of the other party, it seems to be in line with the law.

First, their reluctance to testify has affected the normal criminal proceedings of law enforcement agencies.

If they testify, they can prove the truth of Cao Wenbin's case.

Whether it is self-defense or not can be answered through other people's confessions.

And objective performance can also constitute a cover-up crime...

"Okay, I know your statement of defense, you can go back first."

For now, I was convinced by him.

To be more specific, it depends on the contest between him and the District Attorney's Office after the trial begins...

(End of this chapter)