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

Chapter 79 You Are a Defense Lawyer!

Heng Yang Law Firm.

Qi Huai'an who hung up the phone sat on his office chair and sighed helplessly.

Regarding the criminal case in the bar, he already had a result in his mind.

When the first instance was judged, he was defending, and he could only revolve around the definition of self-defense, but the final result turned out to be a joke.

I have been a lawyer for more than 20 years, and the defense of innocence has allowed the defendant to be sentenced for more than ten years...

But what can he do?

Everything that needs to be said has been said, and all the cases that need to be brought up have been mentioned, but the judge of the trial court still thinks that the person was injured intentionally.

Key issues in this case:
Liu Xiaohui attacked first, instead of fighting back in self-defense.

This is the real reason for the District Attorney's Office to sue him for intentional injury.

Without high-definition issues, it is futile to hire more lawyers, just spending more money...

Of course, he can't say much about the client's behavior. Maybe he is really sure that the second trial will change the sentence?
Shaking his head, he continued to sort out new commissions.

After working for more than an hour, Qi Huai'an glanced at the time:
15:37
Temporarily save the written documents, take the case materials that have been prepared on the table, and prepare to set off to meet another defense lawyer.

17:05
Qi Huai'an parked the car at the door of the hotel agreed in advance, got out of the car and entered the hotel, and Liu Xiaoqin guided him into the Plum Blossom Hall.

Seeing Qi Huai'an walk in, several other people at the table stood up.

He has seen everyone here, and they are all family members of the client.

Looking at the new face, Qi Huai'an couldn't help frowning.

Could this be the new lawyer?
At such a young age, no matter how you look at it, you look like a newcomer, can you do it?

This was Qi Huai'an's first impression, that the other party was too young and he was not optimistic.

However, this impression will soon be changed...

While Qi Huai'an glanced at Li Chen, Li Chen was also looking at him.

This is the lawyer who was sentenced to more than ten years in defense of innocence?

It looks pretty reliable...

Sure enough... People still can't judge the real level of others based on the first impression.

Liu Xiaoqin also introduced each other's identities to the two:
"Lawyer Qi, this is Lawyer Li Chen from Shanghai. I've watched his live broadcast on the Internet before. It's quite amazing."

"Hello."

Qi Huai'an nodded politely when he heard the words and shook hands with the other party.

"This is Qi Huai'an, a well-known criminal lawyer who was invited from City D."

After introducing the identities of both parties, Li Chen returned to his seat just now, and Qi Huai'an also sat in the seat reserved for him.

As he took his seat, a discussion meeting about the case officially kicked off. Qi Huai'an was the first to speak from the beginning to the end.

There are some things that a new lawyer doesn't understand when he first arrives, so he should inform the other party of the specific situation.

Sitting in his seat, Qi Huai'an looked at the others: "The main problem in this case is that Liu Xiaohui hit the person with a wine bottle first, and then the two wrestled together, and Liu Xiaohui stabbed the victim several times with the wine bottle. , resulting in his death on the spot after walking out of the bar.

It is also because of this that the law enforcement agencies think that he has intentionally injured, and Lawyer Li can also see it after reviewing the papers.

The key issue in this case is to get the court to recognize Liu Xiaohui's behavior as self-defense.

However, several key witnesses in the case did not dare to tell the truth. This is also the second real difficulty of innocence defense. "

Qi Huai'an glanced at the others: "We look at this matter from the position of the victim. Liu Xiaohui was indeed forced to fight back, but we don't have enough evidence to prove that he must hit someone."

This is the main reason why the actor cannot be defined, because no one knows what he was thinking at the time...

You say you are afraid, and your friends are by your side, but it is not that you are alone.

From the perspective of a law enforcement officer, he does have the conditions for emergency avoidance.

When you meet this kind of person, you can just leave, why bother with him?
"I have seen the video, and he had the opportunity to take emergency measures."

When Li Chen heard him say this, he also took the words.

As far as the behavior of the defendant in the video is concerned, it is not an exaggeration to define it as a mutual assault if the other party is not dead.

Qi Huai'an nodded upon hearing this.

He didn't think too much about his grading, after all, time was running out and the second trial was about to start.

"When the first trial was held, I debated with the prosecutors of the District Prosecutor's Office, and this is where their point of view is.

Liu Xiaohui had enough opportunities to avoid danger but did not. You said that he deliberately provoked him and he kept bowing his head and admitting his mistake, but the other side insisted on intentional injury, so it is basically impossible to plead not guilty. "

Regarding this point, Qi Huai'an also gave his own answer when he received the entrustment to review the papers:

I can only try my best to defend my innocence.

"Your defense has always been debated around the words and deeds of Liu Xiaohui and Yang Hao?"

Hearing this, Li Chen asked Qi Huai'an again.

"Yes."

Qi Huai'an nodded when he heard the words: "I put forward three defense opinions in the trial court, and they all revolved around Yang Hao's provocative behavior to defend Liu Xiaohui.

In the video of the case, Liu Xiaohui was dissuaded by his friends even though he overreacted, while Yang Hao kept provoking the other party, even if the other party bowed his head and admitted his mistake, he continued to provoke him. "

"From the perspective of a law enforcement officer, his behavior is just to add a suitable reason for his own actions."

Li Chen looked at Qi Huai'an: "First, there was the behavior of throwing a wine bottle at someone, and then he bowed his head and confessed that he would not leave after being stopped by someone, and the last behavior made people feel like, I confessed, I admitted I was wrong , I really couldn't bear it before I shot back, it looks more like a premeditated crime."

Qi Huai'an was obviously taken aback when he heard this.

Dude, have you mistaken your identity?
You're a defense attorney, we're in the same camp.

"How could this be premeditated crime?"

Qi Huai'an looked at Li Chen and frowned, and was about to continue his defense but was interrupted by Li Chen: "Why isn't there a premeditated crime?

The composition of a case is from the cause to the process and finally the result.

The cause of the crime, although it was true that Yang Hao made the first move, but Liu Xiaohui's behavior also exceeded defensive measures. Getting angry out of embarrassment is not a reason to do it casually. If his wine bottle hit the victim, the nature of the case would be different. It was simpler, and it was impossible to defend his innocence. It was precisely because his behavior was stopped by his friends that he had the opportunity to continue the debate.

However, the views of the District Prosecutor's Office and the court are completely opposite to ours. Liu Xiaohui's extreme behavior also gave them a reason to speculate.

Yang Hao's anger towards Liu Xiaohui's provocative behavior itself is the existence of anger, which is also the main reason for handing him the bottle again and again.

Perhaps it was his friends who calmed him down and understood the consequences of his actions, but Yang Hao didn't think so, because he was the one who caused the trouble, and he was also looking for suitable ones for himself. Opportunity, otherwise, instead of provoking the opponent with words or throwing the bottle, he just threw the bottle over. After all, he picked up the ashtray and smashed the opponent at the beginning, so what is the point of hitting someone with a bottle? ? "

Qi Huai'an fell into deep thought after hearing Li Chen's words.

like…

That's how it is...

A person who dared to pick up an ashtray and throw it at the opponent, why did he suddenly change his mind to provoke the opponent instead of directly doing it?

If you think about it this way...

Liu Xiaohui's behavior was really intentional injury, and Yang Hao's deliberate provocation was just to completely anger the other party so that he could strike first so that he could fight back.

The only mistake is that he overestimated himself and underestimated the enemy...

Ugh?
not right...

You are a defense lawyer, why do you always want to assign responsibility to your client?

According to your thinking, the defendant’s sentence in the past 18 years is really too small, so one life should be worth one life, right…

Qi Huai'an looked at Li Chen: "You are the lawyer hired by the client to defend the defendant, shouldn't you be defending the client? Why does it feel like you always want to send him in?"

(End of this chapter)