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

Chapter 77 How can a defense without stopping be overdefensive?

Due to time constraints, Li Chen planned to go to the court of second instance to apply for review, and then talk about the meeting with the previous defense lawyer.

The main reason is that there is really no need to see him.

It has been 15 years since he defended his innocence in the first instance. How can such a lawyer talk to him?

10: 30.

When the car arrived at the gate of the High Court of Second Instance, Liu Xiaoqin stabilized the car and turned to look at Li Chen in the back row: "Lawyer Li, don't you really need to meet with Lawyer Qi first?"

"Time is running out, let's check the papers first."

Li Chen replied blankly when he heard the words, then opened the car door and walked out.

Take your own lawyer's card and other relevant documents, pass through the security gate and enter the interior of the court.

A lawyer needs to submit an application in advance to apply for review, but due to time constraints, the judge also generously agreed to his request for review.

The judge of the second instance was named Liu Wenjie, a female judge.

Sitting in the conference room, Li Chen began to look through the prosecution materials of the District Prosecutor's Office: "Judge Li, I would like to ask, did you turn on the law enforcement video during the law enforcement process of the Wushu Association?"

"This must be there."

Li Wenjie nodded when she heard the words: "If you want to watch it, I can call it out for you."

Students of Kyoto University of Political Science and Law…

It's still my little brother...

Facing the judge's answer, Li Chen responded with a smile: "I'll take a look at the prosecution materials later."

Li Chen took out his notes and began to record.

The Prosecutor's Office's case stemmed from:

The victim and the defendant were drinking at the bar, because the defendant glanced at him and then picked up an ashtray from the wine table and hit him.

That's why it's actually being sued...

Seeing the other party's countermeasures, Li Chen shook his head helplessly.

Such a small action may be intolerable in the eyes of ordinary people, but from a judicial point of view, it may be the cause of intentional injury.

But when a person encounters an inexplicable provocation, the reasonable reaction he makes should not be a legitimate reason for intentional harm, right?

This not only reminded him of the justifiable self-defense case that caused a judicial sensation, but also a common problem of law enforcement officers.

From the moment a criminal case is finalized, they will ignore human nature, and will ask a person to make the right choice, such as avoidance, with God's authority.

This is just like what I said before, if you can't provoke me, can't you hide?
If the client's younger brother's first reaction when he was smashed was not to pick up the wine bottle and make a provocative gesture, but to ignore him, then the other party's subsequent provocation might be justified self-defense in the eyes of the judiciary, right?
There is no need to read the prosecution materials of the local prosecutor's office...

Li Chen put the stack of materials back into the file bag, then pushed them back to the original position, and took the defendant's statement.

This is the end?
Li Wenjie didn't quite understand Li Chen's performance.

With such a large pile of materials, when the head of the trial court appointed her as the trial judge, she worked overtime to review the papers, not daring to miss a single word.

"I would like to apply to see the video of the bar at the time of the incident."

After simply flipping through a few more pages, Li Chen pushed the defendant's statement back to its original position, looked up at the judge opposite and spoke.

"Don't you need to read the confession and materials?"

Hearing this, Li Wenjie looked at him in disbelief.

"When I came again, the client had already briefly told me what happened, and I already knew about the matter."

Li Chen looked at the judge opposite and smiled.

The reason why I came back to apply for examination papers again is just to verify my guess and see how many errors there are in the real situation that the client said.

As for the testimonies of the friends on both sides, reading too much will only affect your own judgment, so simply ignore it.

Based on the bar's video and the defendant's confession, the scene can also be completely simulated.

"Okay, wait a minute, I'll get someone to bring it to you."

Li Wenjie stood up upon hearing this, and then walked out of the conference room.

In 10 minutes, Li Wenjie walked over with the computer in her arms: "The video from the bar and the interrogation video from the Martial Arts Association are all in this folder."

Seeing this, Li Chen stood up and took the computer: "Thank you."

Go back to your seat, place the computer in front of you, and click the play button.

The whole complete picture emerges again:

The defendant and some friends were drinking in a bar, when the victim came over.

A man tried to hold him back, but the victim ignored dissuasion and threw an object at the defendant.

Li Chen paused the video and recorded the behavior with a notebook:
pick a quarrel.

The victim’s unreasonable attack on the defendant was the main factor that triggered the conflict. The defendant was influenced by the surrounding environment and did not take correct and reasonable means. Although he made a mistake, he was stopped by his friends and could no longer be used as the trigger point of the conflict.

One-sided strikes, although the other party makes a return move, but does not make a move, it cannot be understood as deliberate provocation.

Continue playing the video:

The defendant also calmed down after being dissuaded by his friends, but the victim made a series of unimaginable actions.

At the end of the video, Li Chen continued to write notes:
However, the defendant's repeated forbearance actually fueled the arrogance of the victim invisibly, which is the final factor of the contradiction.

In this incident, the defendant's avoidance behavior should be regarded as emergency avoidance, so the behavior after emergency avoidance should also be justifiable self-defense.

After finishing the notes, Li Chen looked at the female judge opposite: "Thank you, I have already recorded everything, and these materials can be moved back."

"Row…"

Li Wenjie nodded when she heard the words, and Li Chen looked at her: "Judge Li, what do you think about this case?"

"I also studied it seriously for several days, and the case can be characterized as excessive defense."

Hearing Li Chen's question, Li Wenjie also talked about her own opinion: "The main reason for this case is that the victim provoked first, and the defendant's defense methods obviously exceeded unnecessary limits."

Li Chen nodded upon hearing this, "He shouldn't have stabbed him with a wine bottle, right?"

"Is such that."

Li Minjie nodded upon hearing this.

"I wonder if Judge Li has thought about this issue?"

Li Chen pushed his glasses and looked at Li Wenjie: "The behavior of the two parties has already wrestled together, and the current state is completely irrational, so we can't think about this issue according to the normal judicial definition, can we?
The main reason for the conflict was that the victim picked quarrels after drinking, and the defendant's reaction after being smashed was wrong, but he didn't implement it. He calmed down after being dissuaded by his friends, but he still chose to laugh with the other party's provocation Admit your mistake, is it an emergency avoidance?
And the latest definition of justifiable self-defense, isn't it that actions taken after emergency avoidance can be understood as justifiable self-defense?

Since you think it is too defensive, does it mean that you also recognized his behavior in the early stage as justifiable defense.

And the two sides scuffled together, and the opponent didn't stop, so this wasn't an overdefense, right? "

Minjie Lee:? ? ? ?
　The intermediary question has already been answered. As for the process, it is really difficult to write...

　　
　
(End of this chapter)