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

Chapter 78 The Real Problems of Criminal Cases

"Shouldn't this be self-defense?"

After listening to Li Chen's words, Li Wenjie also began to talk about her own views:

"In this case, it was the defendant who took the wine bottle and hit the victim first..."

"Why did the defendant attack the victim?"

Before she could finish her sentence, Li Chen took it over: "Is the defendant picking quarrels and provoking trouble after drinking, isn't it?"

Li Chen pushed his glasses: "From the surveillance video of the bar, it can be seen that the victim was the one who started the attack, and the reason for the attack was even more ridiculous.

In the indictment of the District Attorney's Office, the victim thought that the defendant was provoking him just because the other party glanced at him. Is there any difference between this kind of person and a bully? "

Li Chen looked at the judge with a serious expression: "Isn't it a bit too much to do something to others just because of suspicion?"

"We in law enforcement can't ignore his major role in the case just because he's dead, can we?"

"In the video, at 20:38, the victim made a move on the defendant for the first time, and the defendant stood up and picked up the wine bottle to fight back. This is the subconscious reaction of a perpetrator after being attacked.

Not everyone is a saint, and we can't ask everyone to be saints.

At 20:39 in the video, several friends stopped his behavior in time after seeing this, and one of them grabbed the other's wine bottle and yelled at him.

I don’t know exactly what was said, but the behavior of the defendant in the video has changed significantly. He took a calm attitude in the face of the victim’s provocation, and he was admitting his mistake in order to end this conflict.

A person who encounters malicious provocations from others would take the initiative to admit his mistakes to the provocateur, and I would definitely not be able to do it on me. "

Li Chen looked at the judge on the opposite side and asked, "Let's put aside the rest of the matter first. As far as the present is concerned, what did the defendant do wrong?"

Seeing that Li Minjie did not speak, Li Chen suddenly realized that he had made a very serious mistake...

Because strictly speaking, it is a violation for him to chat with the judge about the case before the trial.

And the reason why he couldn't help asking was because he was dissatisfied with this question.

Why did the District Procuratorate ignore the behavior of the victim and prosecute the defendant on the grounds of intentional injury, and he was sentenced to 15 years in the first instance.

Is it because the other party took the lead in causing the death of others?

Sympathy for victims is understandable, but not every victim is sympathetic.

If the District Prosecutor's Office could think more about this issue from the perspective of the defendant when prosecuting, perhaps this situation would not have occurred.

Doesn't the murderer have to look for the motive of the crime to judge why he killed?
"I still thank Judge Li for approving the review, so I'll go back first."

After speaking, Li Chen was ready to leave.

You can't talk too much with the judge. If you talk too much, it will be easily understood by others as interfering with the normal order of the trial...

Walking out of the court and arriving at the parking spot just now, Li Chen was a little confused.

Where did the client go? ?

I wandered around in the nearby parking lot but couldn't find the other party, so I had to dial Liu Xiaoqin's number.

Ten minutes later, the car stopped at the gate of the court again, and Li Chen opened the door and got in.

"I'm really sorry, Lawyer Li, I thought you would stay for a while."

The last time my lawyer waited for more than two hours when reviewing the papers, I thought he was the same, so I thought about going back to deal with trivial matters at home.

Li Chen nodded upon hearing the words: "It's okay."

Hearing what he said, Li Xiaoqin finally let go of her hanging heart: "Lawyer Li, can my brother be acquitted in the second trial?"

"I can only say try my best."

Li Chen also told the truth when he heard the words: "Because it can be seen from the video in the bar that it was your younger brother who made the move first. From our point of view, it is really intolerable, but from the perspective of the judiciary, it is indeed true. His wrong."

You didn't do anything when your friend was fighting, and you did it when your friend left. If you are not careful, this kind of choice and handling method will implicate other people and trap them all.

Even if you don't admit your mistake and fight him hard, it's better than the choice of taking the lead after admitting your mistake.

If this is replaced by the victim's defense lawyer, everyone present is counted as one, and everyone is responsible.

The bar did not come forward to prevent the conflict between the two parties when the conflict occurred, and it bears certain management responsibilities.

When consumers consume in the hotel, the hotel is obliged to stop the other party.

If the other party can come forward to coordinate, it won't cause this farce to get worse until it can't end in the end...

And Li Chen's current behavior is only to look at the overall problem of the case as a third party.

If you analyze the problem from the perspective of the defendant:

You're fucking fine and hitting me, it's your luck that the wine bottle didn't fall on your head.

But what was it like afterwards?

My tolerance for you made you even more arrogant, so why should I continue to tolerate it?
Such people…

Too embarrassing!

What a fucking death!

This matter should be placed on Li Chen, and it will never be handed over to the local prosecutor's office.

The friend's confession, the video of the bar and his own means of fighting back are equal to the last justifiable self-defense.

Of course…

Not everyone dares to reason with the martial arts association...

"Oh…"

Li Xiaoqin felt a little depressed after hearing the words: "Where are we going next?"

Hearing this, Li Chen replied, "Go see your previous defense lawyer."

He wanted to see the lawyer's defense level, so that he could write his own defense.

Whether 1+1 is greater than 2 or equal to 2 can only be known after seeing it.

"Then I'll give him a call."

Liu Xiaoqin took out her mobile phone and made a call:

"Hello, Lawyer Qi, I'm Liu Xiaoqin."

.........

"Well, I received that Lawyer Li, do you want to meet and chat?"

.........

"Okay, um, then you can do your work first."

After hanging up the phone, Liu Xiaoqin turned to look at Li Chen in the back row: "Lawyer Qi still has some things to deal with, and he will come over when he is done."

Li Chen nodded in response when he heard the words.

"Then where are we going now? Shall I book you a hotel first, so you can take a rest first?"

"also."

Li Chen looked at his watch.

14:35
Liu Xiaoqin was always respectful of the defense lawyers she had hired, and Li Chen also liked the other party's attitude.

This is also the real reason why Li Chen decided to come to understand the situation.

Because as far as the first trial is concerned, it is basically impossible for the second trial to overturn the case. The ideal state is to mitigate the other party's crime.

If the case was not too outrageous, the higher court would not overturn the trial of the lower court.

Unless it is, you can convince both parties during the retrial, otherwise it is useless for the judge of the court to acquit and the prosecutor's office to file a protest.

And how to make the other party think that the trial itself was wrong is a great test of a lawyer's level, and it is also one of the biggest problems in criminal defense.

In many cases, law enforcement officers do not listen to the thoughts and opinions of defense lawyers, because in their eyes, the actions of lawyers are to excuse criminals...

(End of this chapter)