I was watched by the Internet police during the live broadcast of law popularization?

Chapter 49 I Shouldn't Be on the Witness Stand

Different people look at problems from different angles.

The three instigators who sat in the dock were a little delighted when they heard their lawyers express their defense opinions there.

It's worth the money!
What the lawyer said was reasonable and well-founded, and there was nothing wrong with it.

How do we call it picking quarrels and disturbing public order?

The cause of the matter was that the girl was fussy.

If she changed her attitude, how could we scold her?
My son is so young, why are you yelling at him?Can't you talk about something?
And that man, the conductors are all on the scene, so you don't need to meddle in your own business?

How can the person who fought back be able to attend the court trial as a witness?
After listening to the other party's speech, the melon-eaters who watched the webcast had a significant change in their attitudes.

Ok…

It seems that is the case.

If the girl had spoken well, this incident might not have happened.

And the point is, someone hit you once, but you hit him back twice, this is the main reason for the escalation of the overall incident.

The presiding judge on the trial seat couldn't help frowning upon hearing this.

Why are you so unreasonable?
"Defendant's defender, I have informed you about the witness issue before the trial, and your defense opinion only needs to focus on your defendant."

The prosecutor in charge of the prosecution was also a little upset after hearing what he said.

You don't really think we want him to be a witness, do you?

"Dear presiding judge, if you insist that the person who did the fighting can be a key witness in this case, then I will apply for the recusal of the presiding judge in charge of this case from continuing the trial, and the recusal of the prosecutor in charge of prosecuting this case! "

"You said you applied for the recusal of the presiding judge and the inspector, right?"

"That's right!"

The other party's defense lawyer heard the words and said that I want to fight you to the end.

"What is the reason for applying for recusal?"

"Regarding the matter of the assailant being a witness, why did the prosecutor in charge of the prosecution allow him to be a witness? This has seriously affected the fairness of this case."

"And the presiding judge knew that such a witness could not be used as a witness, but decided to use it, which completely violated the relevant laws."

"A witness refers to a natural person other than those related to this incident, and this witness is a third person involved in the fight, which obviously does not meet the basic requirements for witnesses in the procedural law."

"It is difficult for us to be sure that a witness who participated in a fight in the case can treat this matter from a fair and just perspective."

"The prosecutor and the presiding judge decided to continue to violate the law even after they found out that the case was illegal. As the defendant's defense lawyer, I have reason to suspect that you have lost your fair understanding of the case. Therefore, I apply to the prosecutor in charge of prosecution and the trial judge Dodge for a long time."

After hearing the words, the presiding judge discussed with the other two members of the collegial panel for a while, and decided to inform the president of the opposing defender's opinion.

"The application opinion is rejected, and I will inform him of the rejection in writing."

Because the case is a case of public opinion, the president of the court is also concerned about the public hearing of the matter.

Respond immediately upon hearing the application.

"Defendant's defender, the court rejected your application for disqualification on the spot, and the dean will inform you later in the form of the book title."

After receiving the dean's reply, the presiding judge continued to ask after rejecting the application: "Is there anything else that needs to be added?"

"Honorable presiding judge, before the president makes a written reply of rejection, I will..."

"Okay, okay, don't talk anymore."

The presiding judge interrupted impatiently when he heard that he still wanted to make a long speech: "I have informed you in advance about the legality of the witness."

"How can a person who beat someone represent a witness?"

"Defendant's defender, if you have nothing else to say, then go ahead."

The defendant's defender was a little helpless when he heard the words.

Because of the particularity of this matter, "fairness" was lost from the very beginning.

"I obey the command of the presiding judge, but I reserve the opinion just now."

"Well, then it's up to the witness to tell his own testimony."

Hearing this, all the shots turned to Li Chen on the other side.

As soon as Li Chen heard this, he immediately became energetic.

Is it finally my turn?
Li Chen rang the microphone next to him.

"Respected court, respected presiding judge, before presenting the testimony of witnesses, I would like to answer the words of the defendant's defender."

"About the matter of me being a witness, at the beginning I also thought that I could not be a witness. The most important thing is that the Ducheng Martial Arts Association's thorough investigation, the prosecutors of the District Prosecutor's Office can accurately judge right from wrong, and the court's The judge's ability to act impartially gave me the opportunity to sit on the witness stand and discuss this matter."

"Then I quite agree with the question raised by the defendant's defense lawyer. I think that I really should not sit on the witness stand, but sit on the plaintiff's side to accuse the assailant's behavior."

"There are two reasons."

"First, as the third person in the case, I didn't intend to participate in the case at first, but I had to participate because of the behavior of the couple."

"Second, about the fact that the opposing defender has been emphasizing that I fought back just now."

"First of all, as a third person standing on the side of fairness and justice, my idea at the beginning was to separate the entangled parties, and I didn't think too much about it."

"Who knew that Liu Jiawei kicked me indiscriminately and kicked me onto the front seat, resulting in a violent impact on the head. The hospital's examination concluded that it was a mild concussion. On the page, there is a diagnosis result given by the hospital."

"However, that's it. Liu Jiawei has not given up on continuing the assault, and has followed up to prepare to continue the beating. Other passengers in the carriage can testify to this."

"So in this case, I have to take action to stop the other party's atrocities."

"As for the number of counterattacks that the other party's defense lawyer said, I don't think there is a clear limit to the number of defenses in the relevant provisions of justifiable defense."

"He said that the other party he pointed out stopped, and I should not continue to fight. It's just that he thinks the other party stopped threatening, and it doesn't mean that I think the threat has been lifted."

"Objective factors, the train conductor on the train is at the scene, and he dares to commit murder, which is the biggest threat to me in itself."

"For this kind of thug, my subconscious mind tells me that only when the other party is completely powerless to fight back can the threat be truly resolved."

"Then as the third person in this case, first, I did not provoke the other party, and second, when I was beaten, my first reaction was not to fight back, but to take emergency avoidance."

"Please note that when the conductor is present, all my actions are emergency avoidance."

"Then the means to be adopted when avoidance is unavoidable is justifiable self-defense."

"And as the main victim of this incident, I don't think I should be sitting on the witness stand, but attending this trial as the plaintiff is in line with the prosecution and trial procedures he said."

　The following chapters will be case by case, which will increase the description of the overall story, so don’t run away according to what you said.

　　
　
(End of this chapter)